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General Terms & Conditions for online shopping
1. APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
1.1 These general terms and conditions for online shopping (“General Terms and Conditions”) govern all the relations between the company Megatek SH.A., registered with the National Registration Center, with unique identification number (NIPT) K81607050Q, with legal seat at the address: Katund i Ri, Superstrada Tiranë-Durrës, km 7, tek kthesa e Rinasit, Tirana (“Megatek” or “We”), and the clients, who wish to purchase online via the website www.megateksa.com (the “Clients” or “You”).
1.2 By placing an order and making an online purchase via the website www.megateksa.com, You are deemed to have accepted these General Terms and Conditions without any reserve.
1.3 These General Terms and Conditions apply to all sales via the Megatek website, whether the goods delivered at the address specified by the Client or they are collected at the premises of Megatek hypermarket, located at the legal seat of Megatek.
1.4 Megatek reserves the right to amend and update the General Terms and Conditions at any time. The amended/updated General Terms and Conditions will be published on the Megatek website. These amendments/updates shall not apply to orders prior to the publication date.
1.5 For specific products, Megatek may provide special terms and conditions, which will apply in addition to these General Terms and Conditions. The special terms and conditions will be defined and published upon offering of the relevant goods.
1.6 Megatek shall not be liable for any viruses the website might contain. The Client undertakes to use the appropriate devices and programs in order to be protected by external attacks (virus, different sites etc.) in order to make online purchases.
1.7 Megatek may decide to suspend, change or terminate the online sale of goods at any time, due to maintenance works, in order to update or improve the website or for any other reasons.
1.8 Megatek may cease the provision of online shopping or your access to its website on breach of these General Terms and Conditions by you or for any reason whatsoever.
2.1 The Clients are informed with regard to the main characteristics of the goods on Megatek website. Any information related to the descriptions of the goods, their characteristics and prices placed on the Megatek website is true, clear and accurate. Nevertheless, the Clients have the obligation to be informed on the manner of use or any other information accompanying the delivered goods or placed on the goods or its packaging, such as instructions of use.
2.2 Internet provides a different experience of purchasing from buying in store. The Client shall be aware of the colour, sizes and shapes of the goods. The pictures illustrating the goods, in support of the text, are not part of the contractual relationship between Megatek and the Client. Megatek shall not be liable in the event of any error in the illustration of the goods.
2.3 Megatek does not guarantee the availability of all the goods appearing on the website. The availability of the goods corresponds to the availability of the goods in the warehouse on the previous working day of the hypermarket. In the event of unavailability of the good, Megatek shall notify the Client as soon as possible, using any means of communication it deems adequate.
2.4 Megatek reserves the right to cease the online sale of any or all the goods, temporarily or permanently with or without notice.
3. PLACING YOUR ORDER
3.1 For online shopping, the Client must be above the age of 18 and having full capacity to act.
3.2 The Client places an order through the procedure described on the website and confirms the detailed summary of the order, which provides information on the ordered goods, the total cost of the goods, including the delivery costs.
3.3 For placing an order, the Client shall provide true and accurate data, compulsory for its identification.
3.4 Over the first order and/or its registration on the Megatek website, the Client shall provide the name, surname, its e-mail address and password.
3.5 The password is personal and shall be kept confidential by the Client.
3.6 On each visit on the website, the Client shall have access to his personal data in the Client space, or in the event it will place an order, the Client shall be identified through the username and password, bearing in mind that the password does not serve to carry out the payments.
3.7 The information registered by the system of Megatek constitutes proof of the communications, orders and payments performed between Megatek and the Clients. The confirmation of the Client’s data and the provision of his bank account number constitute explicit acceptance of all the transactions performed on the Megatek website.
3.8 Megatek will not be liable for the breakdown of the website, which may delay or prevent the placing of an order online, due to any event beyond Megatek reasonable control, such as an event of force majeure.
4.1 All prices displayed on Megatek website are VAT inclusive. The prices displayed for the goods do not include the delivery cost, which shall be borne by the Client, who chooses delivery of the goods at the address specified by him.
4.2 In the event of any typographic errors related to prices of one or several goods, Megatek shall notify the error to the Client and cancel the order for the relevant good or goods.
4.3 Megatek reserves the right to change the prices at any time.
4.4 An invoice is created for each delivery, which acts, if applicable, as a guarantee and may be printed by the Client from the Megatek website.
5. DELIVERY COSTS
5.1 These provisions are applied only in the event the Client chooses delivery of the goods purchased online at the Client’s address.
5.2 Delivery costs include the order processing costs and transportation costs.
5.3 Transportation costs of the goods will be determined by the total weight of the order, the size of the goods and the location of the Client’s address.
5.4 For delivery of the goods outside the territory of Albania, special conditions or additional costs shall apply, for which the Client will be informed through Megatek website, during the process of placing the online order or before the delivery of the order.
5.5 Delivery costs of the goods are specified while you are placing the online order on Megatek website.
5.6 Order processing costs are fixed and include the order preparation costs, packaging, specific wrapping and insurance that guarantees the proper delivery to the Client’s address.
5.7 The Client accepts he is entirely informed in relation to the payment of delivery costs (order processing and transport), which shall be added to the price of the ordered goods.
6. CONFIRMATION OF THE ORDER
6.1 After the Client places an order, Megatek confirms receipt of the order by providing the order number. The Client shall receive an email, which confirms the online purchase and includes the information on the goods, quantity, price and number of the order.
6.2 The order placed by the Client will be deemed accepted only after its confirmation by Megatek. The confirmation date appears in the email sent to the Client.
6.3 For specific orders, Megatek reserves the right to request additional information from the Client. In this case, the Client will be informed via email for the documents that he should send in order to obtain the final confirmation of his order. Megatek reserves the right to cancel an order in the event the Client does not send the required documents or information, or in the event these documents are considered inappropriate.
6.4 The order placed by the Client may be cancelled from Megatek for any reason, particularly when compulsory information for the order delivery is missing. Megatek informs the Client accordingly.
7.1 The Client shall perform payment of the price and delivery costs of the goods at the moment of placing the online order on the website www.megateksa.com.
7.2 The Client may perform payment by:
- Debit or credit card (Visa Card/MasterCard)
- Bank deposit
- Payment on delivery
7.3 In the event Megatek is not able to meet a part of the Client’s order, the price of undelivered goods and the respective delivery costs shall be reduced from the Client’s payment.
7.4 Megatek uses computer programs approved by Visa International and MasterCard Worldwide with the state-of-the-art security standards (128-bit SSL Secure Socket Layer).
7.5 During the payment, the Client shall be automatically connected with the payments server, an integral part of the central data processing control system of the Bank.
7.6 Client’s banking data, protected by encryption, do not transit through Megatek electronic systems and are not retained in Megatek electronic systems.
8. DELIVERY OF THE GOODS
8.1 The delivery of the goods will be performed within 7 days from the next day of the order confirmation by Megatek. In any event, this term is given for reference purposes only and shall depend on the goods’ availability in the Megatek warehouse. The currier will contact you by phone or e-mail, within the above-mentioned period in order to define a schedule for the delivery of the ordered goods.
8.2 The delivery of the goods may be performed only within the territory of the Republic of Albania, Kosovo, Montenegro and Macedonia. Delivery term may be extended depending on the location of the Client, but in any event, it will be not more than 30 (thirty) calendar days, from the next day of the order confirmation.
8.3 In the event the postponement of the delivery date is foreseen, Megatek shall notify the Client as soon as possible and by any means of communication, in order for the latter to decide whether to keep the order or cancel it, entirely or partially.
8.4 Megatek is not liable for consequences of events that are beyond its reasonable control, such as an event of force majeure or contingent on the carrier, which might delay or impede the delivery of the ordered goods.
8.5 In no circumstance shall Megatek be liable to pay any direct or indirect damages to the Client or his suppliers due to any delays in delivery of the goods or any failure to fulfil the order.
8.6 Megatek, through its carrier, shall deliver the ordered goods at the address specified by the Client in the nearest point accessible to the address from the vehicle and it doesn’t take responsibility to shift the products.
8.7 Delivery of the products does not include assembling or installation of the goods.
9. RECEIPT OF THE GOODS
9.1 The Client undertakes to take delivery of the goods on its behalf or on behalf of the person in favour of whom the order was placed, at the address defined by the Client during the online order process.
9.2 During delivery at its address the Client or the authorised person, must provide evidence of his identity and of the order confirmation which contains the order number, as well as the authorisation in case of receipt by the third party.
9.3 Following control and verification of the ordered goods in the presence of the carrier, the Client undertakes to take delivery of the goods and sign the delivery document, a copy of which is kept by the carrier and the Client respectively.
9.4 NOTE: In the event the packing or wrapping are damaged during the transportation, the Client undertakes to refuse delivery of the damaged goods by defining the reasons of refusal on the delivery document.
9.5 Upon signature of the delivery document without any remarks, and acceptance of the goods, the Client agrees that the goods shall be deemed to have been delivered in good order. From this moment, the Client may not request any refund or replacement of the delivered goods.
9.6 Should there be remarks related to delivery of damaged goods or goods which are not in accordance with the ordered quality or quantity, the Client undertakes to notify Megatek in writing specifying the order number, at the following address: Megatek Sh.A., Katund i Ri, Superstrada Tiranë-Durrës, km 7, tek kthesa e Rinasit, Kashar, Tiranë or e-mail: firstname.lastname@example.org.
9.7 Megatek shall resend the correct order within 7 days from receipt of the above mentioned notice.
9.8 In case the goods you have ordered are not available, Megatek will refund you the purchase value within 14 days.
9.9 In the case that Megatek or his currier fail to deliver goods due to the Client’s fault, such as noncompliance with the defined schedule for the goods delivery, lacking to notify particular conditions of access, the Client loses the right to get refunded for the delivery costs. The costs for returning the goods shall also be deducted from the goods’ price refund. Should the Client request another delivery, he shall prepay the delivery costs again.
9.10 Delivery of large-sized goods requires special means of transportation. These goods shall be delivered to the Client in the nearest point accessible to the address from the vehicle and in normal access conditions for the following type of transportation means 10 t truck. The Client ensures that road access infrastructure to the address specified by the Client allows the passage of means of transportation 10 t truck.
9.11 In case the access to the Client’s residence does not comply with these conditions, the Client shall notify Megatek accordingly and provide the latter, at the moment of placing the order, with details of the problematic access at his residence, in order to find the most appropriate solution to the goods delivery.
10. ORDER CANCELATION
10.1 The Client has the right to cancel his order in case delivery deadline as stipulated in Point 8 above has not been met by Megatek, by sending a written notification to Megatek Customer Service, at the following address: Megatek Sh.A., Katund i Ri, Superstrada Tiranë-Durrës, km 7, tek kthesa e Rinasit, Kashar, Tiranë or through an e-mail: email@example.com
10.2 The order cancelation request will be taken in consideration by Megatek provided that the order processing, sending, delivery of the ordered goods has not occurred between the delivery date and the receipt of the request.
10.3 In the above cancellation cases, the Client will be refunded for the payment carried out within 14 days from the receipt of the written request by Megatek.
10.4 Megatek has the right to cancel the Client’s order in the event that the infrastructure at the Client’s location, where the delivery will take place does not allow the physical access of the means of transportation or the goods unloading. In this case, Megatek will proceed with the refund of the goods’ price, discounting the round-trip transportation costs.
11. WITHDRAWAL FROM THE CONTRACT – RETURN OF THE GOODS
11.1 In accordance with Article 37 of Law 9902, dated on 17.04.2008 "On Consumer Protection", the Client has the right to withdraw from the contract without any penalty and without any reasons, within a period of 14 calendar days from the delivery date of the ordered goods.
11.2 The goods shall be returned to the address specified by Megatek, with its wrapping and packaging, goods should not have been used and should be accompanied by all accessories, instruction of use, documents certifying the online purchase and the completed return authorization form. This form may be printed by the Client from Megatek website.
11.3 Incomplete, damaged, used or dirty goods will not be accepted by Megatek.
11.4 The Client will be refunded the goods’ price. The costs of returning the returned goods shall be borne by the Client. The refund will be done throw the bank account which was used from the Client to place the order.
11.5 Promotional goods and upon request products (rugs, moquettes, electric cords, etc.) may not be returned by the Client in any case.
12. PRIVACY PROTECTION
12.1 Megatek has at its disposal information technology means for data processing of potential Clients and online shopping, and in this framework, it carries out personal data collection and processing, in the meaning of Law 9887, dated on 10.03.2008 “On Personal Data Protection”.
12.2 Privacy and personal data protection are matters of particular importance and Megatek is committed to rigorously comply with the entire legal framework on their protection and observance, in particular Law 9887, dated on 10.03.2008 “On Personal Data Protection”, as well as its respective bylaws.
12.3 With regard to personal data collection and processing, Megatek has complied with all preliminary formalities with the Personal Data Protection Commissioner.
12.4 The main purpose of the personal data processing is to ensure the correct delivery of the orders placed through Megatek website, to improve the service quality, allow information communication related to the orders placed and to Megatek offers that might interest the Client and best meet the latter’s expectations. Megatek obtains prior consent of the Client in relation to communication of promotional offers in Client’s personal phone number. The Client has the right, in any time and free of charge, to refuse the communication of the promotional offers from Megatek.
12.5 Personal data are retained by Megatek to ensure usage of the online shopping service and may be disclosed to Megatek business partners, only upon prior consent of the Client. Megatek reserves the right to transfer data only to its subcontractors, who may be located outside Albania, in compliance with the provisions of the legislation in force related to personal data transfer and it enters into contractual relationship with such subcontractors to ensure application of all security measures for personal data protection and confidentiality.
12.6 Megatek shall retain the personal data of Clients who visit and carry out transactions on Megatek website for a period of two years from the last visit of the Client on Megatek website, except in the event of any disputes between the Client and Megatek in relation to the transactions carried out, in which case the retention period may be extended.
12.7 Personal data are protected through the password you use to carry out the online purchase. The Client undertakes to always keep his password secret and confidential.
12.8 Should the Client think or doubt his account is being jeopardized, he shall immediately notify Megatek.
12.9 In accordance to the legal framework, the Client has the right to access, correct, delete all his personal data or object their processing. The Client may exercise these rights any time, by addressing to Megatek in writing at the following address: Megatek Sh.A., Katund i Ri, Superstrada Tiranë-Durrës, km 7, tek kthesa e Rinasit, Kashar, Tiranë or by e-mail: firstname.lastname@example.org.
13. TRANSFER OF PROPERTY
13.1 Megatek reserves the property right on the delivered goods until payment of the full price has been carried out by the Client (funds transfer in the bank account of Megatek).
14. CUSTOMER SERVICE
14.1 After-sales services will be offered only for those goods under warranty, when such a specification is provided in the description of the goods during the order placed by the Client.
14.2 Should you have questions, complaints or remarks relating to these General Terms and Conditions or your online purchase in Megatek website, please contact us in the following address:
Megatek Sh.A., Katund i Ri, Superstrada Tiranë-Durrës, km 7, tek kthesa e Rinasit, Kashar, Tiranë; Tel.: +355 (0)42 388 399; E-mail: email@example.com.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 This website is the official site of Megatek. All the elements used in it, including visual or sonic elements, including the basic technology, are protected by the author’s rights, trademark or patent. They are under the exclusive ownership of the company Megatek Sh.A.
15.2 This website is used under the general terms and conditions as explicitly defined herein. The Client has the right to use this website for his sole personal usage and any copying, unauthorized usage of elements of this website is prohibited.
15.3 The client is prohibited to use hypertext links that redirect to Megatek website; as well as he is prohibited to use the framing or deep linking techniques.
16. GOVERNING LAW AND JURISDICTION
16.1 These General Terms and Conditions are governed and interpreted in compliance with the law of the Republic of Albania.
16.2 Any disputes that might arise between Megatek and the Client in relation to these General Terms and Conditions, shall be resolved by Tirana District Court.