Terms and Conditions

Definitions

In these General Conditions of the Online Store, hereinafter referred to as “General Conditions”, the defined terms will have the following meanings:

AMAZONIA AQUAPARK SRL or Supplier or Operator of personal data – legal entity of Romanian nationality, having its registered office in Timiș county, Avram Imbroane street no. 56, Timișoara township, Romania registered at the Timiș Commercial Register under no. J35/801/2014, with CUI 32965190.

Amazonia Aquapark – The complex including water park, Spa, medical care and recovery centers, operated by AMAZONIA AQUAPARK SRL, located in Timiș county, Avram Imbroane street no 56, Timișoara town.

Client – natural person over 18 years of age/ legal person or any legal entity that (i) access the Amazonia Aquapark Online Store or (ii) create an account in the Amazonia Aquapark Online Store and place an order.

Order – an electronic document that acts as a form of communication between the Supplier and the Customer, through which the Customer transmits to the Supplier, through the Website, its intention to purchase products and/or services from the Website.

Account – the section of the Website that can be accessed with the help of an e-mail address and a password that allows the Customer to form and submit an order and that contains information about the Customer and the Customer’s history on the Website (orders, tax invoices, etc.).

Contract – represents the remote contract concluded between the Supplier and the Customer, without the simultaneous physical presence of the Supplier and the Customer.

Content includes the following:

  • all information on the Website that can be visited, viewed or otherwise accessed using an electronic device, including, but not limited to texts, images, video recordings, audio recordings, texts, drawings, etc.;
  • the content of any e-mail sent to the Customer by the Provider by electronic means and/or any other available means of communication;

Supplier – AMAZONIA AQUAPARK SRL.

Online Store – the online store operated by AMAZONIA AQUAPARK SRL within the Website – address: www.amazonia.ro

Transaction – collection or reimbursement of an amount resulting from the sale of a product and/or service by the Supplier to the Customer, by using the services of the card processor agreed by the Supplier, regardless of the method of delivery.

1. Overview

1.1. The Online Store is operated by the company AMAZONIA AQUAPARK SRL, which can also act through external contact partners, in order to ensure optimal services, under conditions of confidentiality and security.

1.2. All services provided and sales made to Customers by the company AMAZONIA AQUAPARK SRL through the Online Store take place exclusively on the basis of these General Conditions, as well as the other Regulations that you accept at the time of sale.

1.3. In order to benefit from the facilities of the Online Store, including to access the Website, you, as a Customer, must read and accept the rules provided in these General Conditions. If you do not agree with any of the conditions provided here, please do not use the Online Store. If you do not agree with any of the conditions provided here, please do not use the Online Store.

1.4. In accordance with art. 41 of the New Civil Code, children under the age of 18 are not allowed to purchase products or services from the Website considering the fact that the provision/delivery is not made on the date of conclusion of the purchase.

1.5. All the information used to describe the products and/or services available on the Website (static / dynamic images / multimedia presentations / texts, etc.) do not represent a contractual obligation on the part of the Provider, they are used exclusively for presentation purposes.

1.6. By creating and using the Account, the Customer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account, and, to the extent permitted by the legislation in force, is responsible for the activity carried out through the Account.

1.7. By creating the Account and/or using the Content and/or placing the Orders, the Customer expressly and unequivocally accepts these General Conditions of the Online Store in the last updated version that is communicated within the Website, existing on the date of the creation of the Account and/or use the content and/or the date of placing the Order.

1.8. After the creation of the Account, the use of the Content is equivalent to the acceptance of the changes made to the General Conditions and/or the updated versions of the General Conditions. The processing of personal data is done in accordance with the Privacy Policy and its subsequent updates, respecting the legislation in force.

1.9. These General Conditions can be modified at any time by AMAZONIA AQUAPARK SRL, they being opposable to the Clients from the date of display on the Website. Acceptance of the General Conditions is confirmed by ticking the corresponding checkboxes on the Website.

2. Competent court and applicable law

2.1. The place of provision is determined by the nature of the contractual obligation and is thus the place of provision of the services, respectively the headquarters of AMAZONIA AQUAPARK SRL in Timișoara, Romania. The place of payment is also the headquarters of AMAZONIA AQUAPARK SRL in Timișoara, Romania.

2.2. The law applicable to the contract concluded between AMAZONIA AQUAPARK SRL and you is Romanian law and EU legislation applicable in Romania.

2.3. In all cases, including if you do not have your domicile/headquarters in Romania/another EU member state or you do not have the status of a consumer (you are a company, PFA or other type of business) or you have moved your permanent address after the entry into force of of these general business conditions or your habitual residence is not known at the time of filing an action, you agree that the exclusive forum of jurisdiction for all disputes arising from or arising in connection with this contract is at the headquarters of AMAZONIA AQUAPARK SRL in Timișoara , Romania.

3. Order and conclusion of the contract

3.1. The offers of the Online Store on the Internet do not yet constitute an offer with binding legal force, but only an invitation to the customer to order our items in the Online Store, so to make a purchase offer.

3.2. For justified reasons, AMAZONIA AQUAPARK SRL reserves the right to restrict the Customer’s access to place an Order and/or to some of the accepted payment methods, if it considers that based on the Customer’s conduct or activity on the Website, his actions would could harm Amazonia Aquapark in any way. In any of these cases, the Customer can contact the Customer Relations Department of Amazonia Aquapark, to be informed about the reasons that led to the application of the above-mentioned measures.

3.3. AMAZONIA AQUAPARK SRL reserves the right to ask customers to manually enter “captcha” type validation codes, in order to protect the information on the Website.

3.4. In the Online Store, by selecting the “Buy tickets” button, the customer can choose certain services and products to order by selecting details such as: date of visit, desired area, duration of visit, type of ticket and number of guests. The next step requires adding the products to the shopping cart, where all the selected products appear and where the Customer can make the final changes. At this step, the Customer has the option of logging into the assigned account or continuing the order process without logging into the account. The next step is to enter identification and contact data (name and surname, telephone number, e-mail address, data required for invoicing).

Before the final step and sending the order, the customer must agree with the Terms and Conditions of the Online Store as well as the Privacy Policy + internal regulation. After this step, the customer is sent to the next step, the payment process.

At this moment the order is only placed and the customer will receive an e-mail confirming the placement of the order. If the payment has been made successfully, the order is confirmed by an e-mail sent to the address provided by the customer, e-mail containing all the details of the purchased products and services.

Regarding the contract for the purchase of products and/or services, your expression of final consent by making the payment gives rise to a purchase offer made by you to the company that manages AMAZONIA AQUAPARK, with the object of providing services, according to these General Conditions of the Online Store.

3.5. AMAZONIA AQUAPARK SRL may cancel the order placed by the Client, following prior notice to the Client, without any subsequent obligation of either party to the other and without any party being able to claim damages from the other in the following cases:

(i) non-acceptance by the issuing bank of the Customer’s card, of the Transaction, in the case of online payment;

(ii) invalidation of the Transaction by the card processor of AMAZONIA AQUAPARK SRL, in the case of online payment;

(iii) the data provided by the customer in the Online Store are incomplete and/or incorrect;

(iv) fraud and other reasons provided by law.

3.6. After the Customer has submitted the order, the Online Store notifies the Customer of the order details. The notification received by the Customer after placing the order is for information and does not represent acceptance of the order. This notification is made electronically (post or email).

3.7. AMAZONIA AQUAPARK SRL will send the Customer an e-mail containing all the details of the Order as well as the confirmation of the acceptance of the Order by Amazonia Aquapark. The contract shall be deemed concluded between the Client and AMAZONIA AQUAPARK SRL at the moment of receipt by the Client, by electronic mail, of the notification of acceptance and dispatch of the Order.

3.8. The purchase of admission tickets entitles you to use the services and purchase the products offered by AMAZONIA AQUAPARK SRL at Amazonia Aquapark, located in Timisoara, Romania. It is forbidden to resell tickets or offer them to third parties for resale.

3.9. By purchasing a ticket, you, as a visitor to the AMAZONIA AQUAPARK (either inside the building or in the adjacent areas, including the parking lot), express your consent to the “Rules of Operation and Conduct“, and you agree to unconditionally abide by all the rules set forth in said Rules. Your expression of consent by making the payment and confirming the order, and then entering Amazonia Aquapark gives rise to a contract between you and the company that manages AMAZONIA AQUAPARK, under the conditions of the mentioned Regulation.

4. Delivery

4.1. The Online Shop does not deliver tickets in physical format. Tickets are sent to the Customer electronically by e-mail after payment confirmation. If the Customer does not receive the ticket(s) within 30 minutes after successful payment, he/she can send a complaint to sesizari@amazonia.ro.

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5. Payment

5.1. All prices are final prices and include the statutory VAT rate. The Online Shop prices displayed at the time of Order are valid.

5.2. Payment of the order is made by Master Card or Visa Card through the Netopia system.

5.3. The data of the payment card used by the Client will not be stored by AMAZONIA AQUAPARK SRL nor by the payment processor implemented on the Website.

5.4. In certain cases, in order to maintain the security of Transactions, when registering the Order, the Customer will be asked to authorize payment by re-entering the password for the Account.

5.5. For Transaction security reasons the Customer is advised not to remain logged in to the Website and not to set the auto-login option on mobile devices. Disclosure of Account passwords is not permitted and it is recommended that you use a strong security password (e.g., containing at least eight characters, including uppercase letters, lowercase letters, digits and special characters). It is recommended that the password does not contain any personal data belonging to the Customer or his/her family members, personal data that has been previously made public by the Customer online/on the Internet.

5.6. Until full payment, the products remain the property of AMAZONIA AQUAPARK SRL.

5.7. In the case of online payments AMAZONIA AQUAPARK SRL is/cannot be held responsible for any additional costs incurred by the Client, including but not limited to currency conversion fees applied by the bank issuing the card, in case the currency of issue of the card differs from RON.

5.8. Amazonia reserves the right to cancel orders in respect of which there are strong indications that price manipulation operations have been carried out by the originators of the orders to the detriment of Amazonia Aquapark, either through hacking, exploitation of vulnerabilities or software bugs, or through human error. In this case, the amounts collected by Amazonia Aquapark will be refunded after detection of the non-compliant way of placing the order, before any service is provided to the respective customers.

6. Right of withdrawal

6.1. Unless a case of culpable non-fulfilment of legal or contractual obligations by Amazonia Aquapark arises, and having regard to the provisions of Article 9(1) in conjunction with Article 16(1)(1)(a) of the Act, the following shall apply. l) of GEO 34/2014 on the rights of consumers in contracts concluded with professionals, as well as for the amendment and completion of certain normative acts, the withdrawal of clients from the contract concluded with AMAZONIA AQUAPARK SRL is not allowed, in the sense that the amounts paid by clients will not be refunded.

6.2. The management of Amazonia Aquapark reserves the exclusive right to decide, in exceptional circumstances, when it deems appropriate, to allow Customers to replace an unused ticket ordered online. In this case, replacement is made with vouchers/vouchers of the same value.

7. Liability for defects. Guarantee

7.1. All products sold by AMAZONIA AQUAPARK SRL benefit from the guarantee provided by law.

8. Website Content Rights (including online shop)

8.1. Website content including logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content, video and/or audio recordings are the exclusive property of AMAZONIA AQUAPARK SRL.

8.2. Customer may copy, transfer and/or use the Content only for the purpose for which it was intended.

8.3. The Client is prohibited from using the Content in any way that is not intended or clearly permitted by AMAZONIA AQUAPARK SRL. Thus the Customer has no right to copy, distribute, publish, transfer to third parties, modify and/or alter the Content. Customer shall have no right to include the Content or any part thereof or to link to or display it in any context other than as originally intended by AMAZONIA AQUAPARK SRL. The Customer shall not have the right to remove the copyright notices from the Content and shall not have the right to transfer, sell or distribute any material made by reproducing, modifying or displaying the Content, except with the express written consent of the Provider.

8.4. No Content transmitted to the Client, by any means of communication (electronic, telephonic, etc.) or acquired by the Client by accessing, viewing and/or viewing shall give rise to any contractual obligation on the part of the Provider. The Supplier’s contractual obligations are set out in these General Conditions and in the order confirmation documents sent to the Customer.

8.5. Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions is prohibited.

9. Processing of personal data

9.1 In accordance with the requirements of the General Data Protection Regulation No 679/2016 GDPR on the processing of personal data, AMAZONIA AQUAPARK SRL. is obliged to process the personal data belonging to the Client securely and only for the specified purposes.

9.2. AMAZONIA AQUAPARK SRL provides detailed information on the processing of your data in the context of the use of the website as well as the online shop in the Amazonia Aquapark Privacy Policy.

10. Other

10.1. Tickets purchased in the Online Shop can only be used during their period of validity. The validity period is exclusively the day selected at the time of purchase of the ticket(s).

10.2. If the General Terms and Conditions become wholly or partly void, the remaining contractual provisions shall remain valid.