Last updated on: 24.02.2025
This document sets forth the general terms and conditions ("Terms and Conditions") applicable to the website “biobuilds.com” and to the sale of the Prefabricated Module "MODULAR" ("Product") by BIOBUILDS HOME S.R.L. ("Seller") to clients ("Buyer"), through the website or based on the offers sent. By partial or full payment of an offer, the Buyer fully and unconditionally accepts these Terms and Conditions.
I. Information About the Seller
II. Definitions
III. Object of the Contract
3.1. The Object of the Contract is the sale and purchase of the Product, according to the technical specifications, degree of finishing, and options chosen by the Buyer, detailed in the accepted offer. The degree of finishing may vary based on the Buyer's preferences, from a basic structure to fully finished, as agreed between the parties.
3.2. Any subsequent modifications to the initial specifications or options will be made only with the Seller's written consent and may involve additional costs and extended deadlines.
3.3. Contract Documentation includes:
3.4. Product Updates and Improvements
The Seller reserves the right to make improvements to the Product without prior notice to the Buyer, provided that these do not negatively affect the agreed specifications, functionality, or value of the Product.
IV. Ordering Process
4.1. Placing the Order
The Buyer places the order by accepting the offer sent by the Seller and making the advance payment according to the conditions in the offer.
4.2. Order Confirmation
The Seller confirms the order in writing within a maximum of 2 working days from receiving the advance payment.
4.3. Order Modifications
Any request to modify the order after the Order Date may affect the price and delivery time and will be subject to a new written agreement between the parties.
V. Price and Payment Conditions
5.1. Product Price
The price is specified in the offer and is expressed in EURO, excluding VAT, unless otherwise specified. The price varies depending on the chosen configuration, degree of finishing, and selected options.
5.2. Payment Conditions
Payments are made in advance or according to the payment schedule specified in the offer. Invoices are issued in EURO or another currency, at the EURO purchase exchange rate of Unicredit Bank S.A. on the day the invoice is issued.
5.3. Payment Methods
Payments can be made by bank transfer to the Seller's IBAN account or through other methods agreed upon in writing by the parties.
5.4. Non-Payment
In case of non-payment by the due dates, the Seller has the right to suspend production and/or terminate the Contract after a written notice and a grace period of 15 calendar days. The Seller has the right to retain the amounts paid as damages and to claim additional compensation for any losses incurred.
5.5. Price Adjustment
The purchase price may be recalculated if there are increases in material or labor costs exceeding 5% compared to the date of the offer, regardless of the reason. The Seller will notify the Buyer in writing, who has 10 working days to accept or refuse the new price. In case of refusal, the Seller may terminate the Contract without penalties, refunding the amounts paid by the Buyer, minus the expenses incurred up to that point.
5.6. Reservation of Ownership
Ownership of the Product transfers to the Buyer only after full payment of the price. Until that time, the Product remains the property of the Seller.
VI. Delivery of the Product
6.1. Delivery Time
The Product will be prepared for delivery within the term agreed in the offer or established later by written agreement between the parties.
6.2. Delivery Conditions
Delivery is made according to Incoterms 2020, EXW (Ex Works) at the Seller's premises, unless otherwise specified in the offer. If the Buyer also purchases transportation, the Seller will handle the transport and will provide an estimated price in the offer, with the final transport cost, including all related expenses, communicated before delivery and to be paid before the delivery of the Product.
6.3. Delivery Notification
The Seller will inform the Buyer at least 14 working days before the estimated delivery date. If the Buyer does not issue a postponement request within this period, it is considered that they accept the delivery under their obligations.
6.4. Transfer of Risks
Risks are transferred to the Buyer upon loading the Product onto the means of transport or upon delivery, upon signing the delivery-receipt protocol.
6.5. Buyer's Obligations upon Delivery
6.6. Delays on the Buyer's Part
If the Buyer fails to fulfill their obligations and delivery is delayed, the Seller has the right to charge additional fees for storage and handling, calculated from the scheduled delivery date until the actual delivery date or until order cancellation, for a maximum period of 30 days. After this period, the Seller may terminate the Contract, retaining 30% of the total order value and claiming additional compensation for any losses incurred.
6.7. Delays on the Seller's Part
If delivery is delayed due to the Seller's fault, they will immediately notify the Buyer, offering a new delivery date. If the delay exceeds 30 days, the Buyer has the right to terminate the Contract and recover the amounts paid, without being entitled to other compensations.
6.8. Product Acceptance
The Buyer is obliged to inspect the Product upon delivery and report any non-conformities. Depending on the degree of finishing, the Buyer will verify the conformity of the Product with the agreed specifications, including the stage of the works performed. Any visible defect must be reported in writing within 5 days of delivery. After this term, the Product is considered accepted without objections. Acceptance of the Product does not affect the Buyer's right to claim hidden defects discovered later, within the warranty period.
6.9. Force Majeure
The Seller is not liable for delays or non-performance caused by force majeure events, according to section XI.
6.10. Compliance with Local Regulations
The Seller is not responsible for the compliance of the Product or additional works with local construction, urban planning, or environmental regulations applicable at the place of installation. The Buyer is solely responsible for obtaining all necessary permits and approvals and for ensuring compliance with local legislation, including for any additional works carried out. The Seller is not liable for any damages, fines, or other legal consequences resulting from the Buyer's non-compliance with these regulations.
VII. Obligations of the Parties
7.1. Seller's Obligations
7.2. Buyer's Obligations
VIII. Warranties and Liability
8.1. Conformity Warranty
The Seller guarantees that the Product will meet the agreed technical specifications for a period of 24 months from the delivery date for individual customers and 12 months for commercial use. This warranty covers components and workmanship provided by the Seller up to the point of delivery.
8.2. Warranty for Equipment and Additional Services
Warranties for equipment, products, and additional services incorporated into the Product, but not part of its structure or construction, are transferred directly to the Buyer. The Seller does not offer any additional warranty for these elements beyond transferring the manufacturers' warranties.
8.3. Limitations of Warranty
The warranty does not cover:
8.4. Complaint Procedure
The Buyer must notify the Seller in writing of any defect covered by the warranty within 5 working days of discovery, with a detailed description and supporting documentation (see Annex for complaint format).
8.5. Remedy of Defects
If the complaint is justified, the Seller will remedy the defect or replace the defective component within a reasonable time, without additional costs to the Buyer.
8.6. Limitation of Liability
The Seller's total liability to the Buyer is limited to the total value of the Contract. The Seller will not be liable for indirect losses, loss of profit, or damages resulting from the use of the Product, including due to additional works carried out by the Buyer or third parties.
8.7. Limitations Regarding Minor Aesthetic Defects
The Buyer understands and accepts that natural materials, such as wood used in the Product's structure, may exhibit inherent variations and imperfections. These may include minor aesthetic defects in finishes, slight deformations, or dimensional variations of walls and floors over large surfaces. Such minor aesthetic imperfections or deformations do not affect the quality, safety, or structural integrity of the Product and do not influence its functionality for its intended normal use. The warranty provided by the Seller does not cover these minor aesthetic defects or deformations resulting from the natural characteristics of the materials used. These aspects will not be considered non-conformities and will not entitle the Buyer to remedies, replacements, or compensations.
8.8. Warranty Claim Procedure
8.8.1. Notification of Defects
The Buyer is obliged to notify the Seller in writing about any defect covered by the warranty within a maximum of 5 working days from discovery, providing a detailed description and relevant photographic documentation.
8.8.2. Right to Inspection
The Seller has the right to inspect the Product before accepting any warranty claim. The Buyer must allow access to the Seller's representatives for inspection within a maximum of 5 working days from the request. Unjustified refusal or delay in granting access may lead to the rejection of the warranty claim.
8.8.3. Costs for Unfounded Claims
If, following the inspection, the claim is found not to be covered by the warranty, the Buyer will bear the following costs:
These costs will be invoiced in RON at the BNR exchange rate on the day the invoice is issued and must be paid within 5 working days.
8.9. Specific Exclusions
The Seller is not responsible for:
8.10. Buyer's Obligations During Warranty Period
The Buyer must use the Product according to the Seller's instructions and those of the manufacturers of materials and equipment included in the Product, and perform necessary maintenance. The Buyer must ensure that any additional works or modifications are executed by qualified personnel and comply with technical specifications and applicable legislation. Non-compliance with these obligations may lead to loss of warranty.
IX. Intellectual Property and Confidentiality
9.1. Intellectual Property
All intellectual property rights over the Product, design, technical specifications, documentation, and promotional materials belong to the Seller. The Buyer has no right to reproduce, distribute, or communicate these materials to third parties without the Seller's written consent.
9.2. Confidentiality
The parties agree to maintain the confidentiality of commercial, technical, and other information obtained within the contractual relationship, both during the Contract and after its termination.
9.3. Use of Trademarks
The Buyer has no right to use the Seller's trademarks, trade names, or other distinctive signs without prior written consent.
9.4. Image Rights
The Seller reserves the right to photograph the Product after installation and use these images for promotional purposes, respecting the Buyer's right to privacy.
X. Protection of Personal Data
10.1. Compliance with GDPR
The Seller processes the Buyer's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable national legislation.
10.2. Purpose of Processing
Data are processed for executing the Contract, commercial communication, and complying with legal obligations.
10.3. Buyer's Rights
The Buyer has rights to access, rectify, erase, restrict processing, data portability, and object, in accordance with the law.
10.4. Privacy Policy
Additional details are available in the Seller's Privacy Policy, accessible on the website and forming an integral part of this Contract.
XI. Force Majeure
11.1. Definition
Force majeure is any external, unforeseeable, invincible, and unavoidable event that completely or partially prevents the execution of contractual obligations.
11.2. Exemption from Liability
Neither party will be liable for non-performance of contractual obligations caused by force majeure.
11.3. Notification
The affected party must notify the other party within 5 calendar days from the occurrence of the event and provide adequate evidence.
11.4. Contract Termination
If the force majeure event lasts more than 60 days, either party may terminate the Contract without the obligation to pay damages.
11.5. Examples of Force Majeure Events
Events considered force majeure include, but are not limited to: significant delays in the supply chain, legislative changes substantially affecting costs, energy or raw material crises, pandemics, wars, embargoes, natural disasters.
XII. Termination of the Contract
12.1. Termination by Default
The Contract may be terminated by default, without court intervention, if one party fails to fulfill essential obligations, with a prior notice of 15 days.
12.2. Effects of Termination
Termination does not affect obligations already due between the parties. The Seller has the right to retain amounts received and claim compensation for any losses incurred.
XIII. Applicable Law and Dispute Resolution
13.1. Applicable Law
This Contract is governed by Romanian law.
13.2. Dispute Resolution
Any dispute will be resolved amicably. If the parties do not reach an agreement within 30 calendar days, the dispute will be submitted to the competent courts in Romania, at the Seller's registered office.
XIV. Final Provisions
14.1. Entire Agreement
This Contract, along with its annexes, constitutes the entire agreement between the parties and replaces any prior understandings, written or verbal.
14.2. Amendments
Any modification of the Contract must be in writing and signed by both parties.
14.3. Assignment
The Buyer may not assign or transfer rights and obligations under the Contract without the Seller's written consent.
14.4. Notices
Notices are valid if sent in writing, via email, fax, courier, or registered mail to the addresses provided by the parties.
14.5. Severability
If any clause of this Contract is declared null or unenforceable, the remaining clauses remain valid and enforceable.
14.6. Language of the Contract
This Contract is drafted in English and governed by Romanian law. In case of translation into another language, the English version prevails.
14.7. Acceptance of Responsibilities by the Buyer
By accepting these Terms and Conditions, the Buyer confirms that they have read, understood, and agree with all provisions of this document, including the responsibilities regarding additional works and their impact on the warranty.
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