Terms and conditions

Version 1.2 – 02.09.2022

This document contains the general terms and conditions of use (“Terms and Conditions“) by you, as a User/Customer, of the Site owned and operated by us, ADOS FRESH. Please read this document carefully to ensure that you are acting in an informed manner when using this Site and to avoid any risks that you may perceive as having a negative impact on the information made available to ADOS FRESH in your interaction with the Site.

By using the Site in any manner by you as a User/Customer, whether or not followed by an Order, you confirm that you have read, understand, agree to and are bound by these Terms and Conditions, with all the effects and consequences of this agreement.

ADOS FRESH reserves the right to modify and update these Terms and Conditions and the content of this Site, in whole or in part, at any time without prior notice.

Definitions

When used with a capital initial in this document, the following terms shall have the following meanings: information

Commercial communications – any form of communication intended to promote, directly or indirectly, the services, image, name or name of ADOS FRESH.

Content – all information on the Site that can be viewed or accessed using electronic equipment with Internet access and which may include: various information about ADOS FRESH, types of services offered, general information about the company, etc.

Comment – a review written by a User/Customer for the purpose of sharing with other Users/Customers opinions about the Site or the services offered by ADOS FRESH.

Website – the website www.adosfresh.ro together with all its pages and sub-pages, public or private.

User – the natural and/or legal person who visits or uses the Site in any way.

ADOS FRESH – is the trade name of ADOS FRESH S.R.L., a limited liability company organized and operating in accordance with Romanian law, having its registered office at Șoseaua București-Târgoviște, nr. 2E, Buftea, Ilfov, postal code 070000, registered with the Trade Register Office under no. J23/3717/2016, with unique registration code RO24858010, legally represented by Sorescu Adina Mihaela, telephone: +40 725 565 057, e-mail: office@adosfresh.ro. ADOS FRESH acts as the operator of the platform/Site, which it owns.

Using the site

You may use this Site only if you are an individual over 18 years of age and of full legal capacity. Legal entities may use this Site only through duly authorized individuals who comply with all of the above conditions.

The information published on the Site is information of general interest about ADOS FRESH, other information about the food industry and logistics services that may be of interest to you. The information is provided free of charge.

ADOS FRESH reserves the right to implement certain services through the Site that will be offered to Users/Customers for a fee.

ADOS FRESH is constantly striving to ensure that the information on the Site is accurate, true and up-to-date. This information is published for information purposes.

ADOS FRESH reserves the right to change the structure and interface of any page or sub-page of the Site at any time and at any time intervals, at its sole discretion, with the right to discontinue temporarily or permanently, partially or totally any functionality of this Site, without any prior individual or general notice.

We reserve the right to suspend or restrict use of the Site for any reason, and shall not be liable under any circumstances for any such suspension or restriction of use.

In the event of an unusually high volume of traffic from an Internet network, ADOS FRESH reserves the right to require Users/Customers to manually enter captcha validation codes in order to protect the information on the Site.

Processing of personal data

ADOS FRESH, as operator of the Site, processes your personal data that you provide through your interaction with the Site. For details of the rules relating to such processing, please see our Privacy Policy. The Site also uses cookies, which may involve some processing of your personal data. For details of the rules relating to the use of these cookies, please see our Cookie Policy.

Commercial communications

By filling in the contact details on the Site (including those representing personal data), the User/Customer confirms that he/she is providing ADOS FRESH with this information directly and that he/she understands and accepts that ADOS FRESH may use this information to contact the User/Customer by any means available, including electronic means of communication, by providing him/her with Commercial Communications, for the purpose of improving commercial relations and the smooth running of ADOS FRESH’s business.

The User/Customer may opt-out of receiving Marketing Communications at any time by accessing the electronic link (link) included in any Commercial Communication, where this option is technically possible (a) by contacting ADOS FRESH directly at the contact details specified in these Terms and Conditions (b), without any obligation of the User/Customer to ADOS FRESH in connection with such waiver and without payment of any compensation.

Opting out of receiving Marketing Communications does not imply revocation of the consent given by the User/Customer to these Terms and Conditions and is effective only for the future, following the communication of the intention to opt out.

ADOS FRESH is under no obligation whatsoever to make such Commercial Communications and reserves the right to select Users/Customers to whom Commercial Communications are sent and to remove any User/Customer from its database without any notice to them.

For further details and information related to the processing of personal data as described above, please see our Privacy Policy.

Limitation of liability

ADOS FRESH’s liability under these Terms and Conditions is in no way limited in respect of those matters for which it would be contrary to law to limit or exclude liability. In the event of a breach by us, ADOS FRESH, of these Terms and Conditions, we shall only be liable for the direct and reasonably foreseeable losses of such breach.

ADOS FRESH shall not be liable for any direct or indirect loss or damage, including lost profit, which (i) are not caused by any material breach by us, including those caused by your breach or default, of these Terms and Conditions and/or any applicable contract between us; or (ii) which were not foreseeable to either the Customer/User or ADOS FRESH at the time of the conclusion of any applicable contract between us.

ADOS FRESH makes every effort to ensure that the Site is available without interruptions and without errors. However, we cannot guarantee these matters and, as a result, we assume no liability for any interruption in the use of the Site and shall have no obligation under these Terms and Conditions and/or any contract in the event of any situation that makes use of the Site impossible or excessively difficult to perform.

ADOS FRESH assumes no liability for any adverse effects on other systems through the use of the Site that are not caused by a serious breach on our part.

ADOS FRESH assumes no responsibility for any potentially harmful software that may be installed by third parties on this Site, the server on which it is hosted, or e-mails sent by us. The Customer/User is responsible for the use of this Site, including any subscription made through it, and is solely liable for any direct or indirect damages

suffered by you or third parties through or as a result of your use of this Site or its content.

ADOS FRESH is not responsible for any inconsistencies, errors (including typographical errors) or omissions of any kind or for the effects of the use of the Site or its content. The content of the Site is published without any guarantee on our part as to its completeness or accuracy (regardless of the date of publication or over time).

Access to the Site is via secure pages, using SSL encryption and marked with the text “htpps://” and a padlock symbol, positioned to the left of the Site address field. If you notice that these symbols are missing, we recommend that you leave the Site immediately and notify us immediately. We will not be liable in any way for your failure to comply with these recommendations.

ADOS FRESH shall not be liable for any damages of any kind caused directly or indirectly by the User/Customer’s failure to comply with these Terms and Conditions and/or any contract entered into under them.

In the case of Users/Customers – legal entities, the legal provisions governing ADOS FRESH’s liability to consumers shall not apply, and all limitations of liability set forth above shall apply to the fullest extent permitted by law.

Intellectual property rights

ADOS FRESH S.R.L. is the operator of www.adosfresh.ro.

The content as defined in the preamble of this Site is the property of ADOS FRESH, which reserves the right to modify the information and the structure of the Site at any time and without prior notice.

The content of the Site, including but not limited to any logos, designs, stylized representations, commercial symbols, static images, dynamic images, web graphics, scripts, software, design rights, trademarks, text and/or multimedia content presented on the Site, constitute the exclusive property of ADOS FRESH and its rights are protected under Law no. 8/1996 on copyright and related rights, as well as any other national or international legislation on intellectual and industrial property.

You, as a User/Customer, do not have the right to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any content of the Site in any context other than as originally intended by ADOS FRESH, to include any content outside of the Site, remove any copyright notices indicating ADOS FRESH’s copyright in the content of the Site, or participate in any way in the transfer, sale, distribution of any material made by reproducing, modifying or displaying the content of the Site, except with the prior written consent of ADOS FRESH.

In return, you may copy, transfer and/or use the content of the Site only for personal, non-commercial purposes, and only to the extent that such purposes do not conflict with the provisions of these Terms and Conditions and provided that ADOS FRESH’s interests are not prejudiced in any way.

ADOS FRESH cannot be held liable in any way for any damage caused by or as a result of unauthorised use of the content of the Site, in violation of the applicable legal provisions in the field of intellectual property rights protection and the rules mentioned above.

Any links available on the Site to sites owned/operated by third parties may be provided by ADOS FRESH solely for the purpose of providing Users/Customers with increased accessibility to information. ADOS FRESH shall not be held liable in any way for any damage caused by or as a result of the use of those sites, services promoted or marketed by third parties through such sites.

Applicable law. Conflict resolution

ADOS FRESH’s aim is to deliver production and distribution services that meet your expectations and are excellent. However, there may be times when you feel we have made a mistake or let you down. In these cases, we are committed to working with you to reach a reasonable solution that satisfies you, and we can only do this if we know and understand your grievance.

Therefore, for any problem or dispute you may have with us you acknowledge and agree that the first step will be to send us an e-mail to:
office@adosfresh.ro
to describe your problem or complaint.

These Terms and Conditions and all obligations arising hereunder shall be governed by and construed in accordance with Romanian law.

Therefore, if we fail to reach an agreement on this matter within 30 days of receiving written notice from you the matter will be submitted to the competent court at our registered office.

To the extent permitted by applicable law, the informal resolution process described in this paragraph is a prerequisite to proceeding with any other process, so be sure to contact us first.

Force majeure

Neither ADOS FRESH nor you shall be liable for any breach of these Terms and Conditions or any contract entered into hereunder caused by force majeure or fortuitous event as defined in the Romanian Civil Code.

Neither party shall be liable for any total or partial failure or delay in performance of its obligations under these Terms and Conditions if such failure or delay was caused by force majeure. Force majeure is defined as an unforeseeable and absolutely insurmountable event which cannot be

controlled by the parties, which occurred after the conclusion of the contract and which prevented, in whole or in part, the performance of the obligations assumed, such as, but not limited to, wars, rebellions, civil commotions, embargoes, strikes, earthquakes, fires, pandemics, explosions, storms, floods and other such natural calamities.

For the avoidance of doubt, the parties expressly agree that force majeure shall exempt them from liability only for the non-fulfilment of those obligations assumed by these Terms and Conditions which are manifestly affected by the effects of force majeure for the duration of its operation. In the case of other contractual obligations, performance may be suspended during the period of force majeure, without in any way affecting the rights to which the parties were entitled before the force majeure occurred.

In order for force majeure to relieve the parties of liability, the party claiming force majeure must notify the other party in writing, by post or email, within 5 days of the occurrence of the event, in accordance with the legal provisions applicable to this matter.

If within fifteen (15) days of the date of occurrence of such event, such event does not cease, each party shall have the right to notify the other party of the termination of the Terms and Conditions without either party being entitled to claim any further damages.

Partial invalidity

If any provision of these Terms and Conditions is void, voidable or unenforceable, this shall not affect the validity of the remaining provisions. The provision deemed void, voidable or unenforceable shall be replaced by a new provision which shall reflect as closely as possible the economic content of the former provision.

Cession

ADOS FRESH may assign or otherwise transfer to third parties, in whole or in part, its rights and/or obligations arising under these Terms and Conditions or any contract entered into hereunder, without any consent of Users/Customers. No User/Customer may assign or otherwise transfer to any third party, in whole or in part, its rights and/or obligations under these Terms and Conditions or any contract entered into hereunder, without the prior written consent of ADOS FRESH.

Modification of these terms and conditions

ADOS FRESH reserves the right to change these Terms and Conditions, as well as the content of the Site, at any time without your consent or any prior notice being required, and such changes will become effective upon posting on the Site. To the extent required by law, you will receive advance notice of any such changes.

Please check the content of the Site and read these Terms and Conditions regularly to ensure that you are aware of the most current version of these Terms and Conditions.

For any details or clarifications regarding the content or applicability of these Terms and Conditions, you may contact us via the dedicated contact form available on the Site or by e-mail sent to the following e-mail address: office@adosfresh.ro.