1.DEFINITIONS

The term CONTENT has the following definition:
• All the information on the WEBSITE that can be visited, viewed, or otherwise accessed through the WEBSITE.
• The content of any email sent to USERS or CUSTOMERS through electronic means and/or any other available means of communication.
• Any information communicated by an authorized employee or collaborator to the USER or CUSTOMER through any contact information, whether specified by the USER or CUSTOMER, or not.
• Information related to products, services, promotions, contests, and/or fees applicable during a certain period.
SERVICE – The electronic commerce service, carried out exclusively on the publicly available parts of the WEBSITE, providing the CUSTOMER with the ability to view and purchase products using remote means of communication.
CUSTOMER – The person who has or gains access to the CONTENT and SERVICE through any means of communication (electronic, telephone) or based on a separate usage agreement between COLIBRI-DIET and the individual.
ORDER – An electronic document that serves as a form of communication between COLIBRI-DIET, as the seller, and the Customer, as the buyer, through which the Customer conveys to COLIBRI-DIET, through the website, their intention to purchase specific goods on the site.
DOCUMENT – A distance contract that regulates the relationship between the professional entity COLIBRI-DIET and the Customer, as the consumer, referred to as the Terms and Conditions. To avoid any doubt, this document does not apply to relationships between professionals (B2B), in which case the provisions of the Civil Code regarding relationships between professionals shall apply.
DISTANCE CONTRACT – According to the definition provided in Government Emergency Ordinance no. 34/4 June 2014 regarding consumer rights in contracts concluded with professionals, and according to the amendment and supplementation of certain normative acts, Article 2, point 7, as transposed from Directive 2011/83/EU on consumer rights, any contract concluded between a professional and a consumer within an organized system of distance sales or services provision, without the simultaneous physical presence of the professional and the consumer, using exclusively one or more means of distance communication, until and including the moment of contract conclusion. For clarity, the distance contract concluded between COLIBRI-DIET and the Client, in its capacity as a consumer, is the present Document.
PERSONAL DATA – Any information relating to an identified or identifiable natural person (“data subject”); personal data typically include the person’s name, email address, phone number, banking details, etc.

  1. GENERAL PROVISIONS

2.1. This document establishes the terms and conditions of the Customer’s use of the Site, except for the cases when there is another valid agreement concluded between COLIBRI-DIET and the Customer.
2.2. The following are incorporated into and form an integral part of this document:
COOKIES POLICY
This policy informs you about the cookies implemented on the website www.colibri-diet.com. Whenever you visit or interact with the website www.colibri-diet.com, we will automatically collect the following categories of personal data: your IP address, the browser you are using, the browser version, and the operating system. You will have the option to choose which categories of cookies to enable when browsing the site for the first time on a specific browser. In this regard, a cookie widget will appear on the screen, allowing you to make your selections according to your preferences. Our cookies do not retain personally identifiable information such as your name, email address, or banking details. This policy is complemented by the “Privacy Policy,” available on the website www.colibri-diet.com (referred to as the “Site”), regarding the protection of personal data, as well as the “Newsletter Subscription Policy.”
Cookies serve multiple purposes to make the internet browsing experience fast and interactive. For example, they are used to remember browsing preferences on the visited website, provide content that aligns with your preferences, and assist with page navigation. Refusing or disabling cookies does not mean that you will no longer receive online commercial communications, but it means that they will no longer be able to take into account your highlighted preferences and interests based on browsing behavior.
The cookies accepted by users of the website www.colibri-diet.com are used for several purposes, including:
• Optimal functioning of our online platform.
• Monitoring the performance of the website.
• Recording the number of simultaneous users.
• Analyzing visitors and their behavior.
• Analyzing advertising providers.
Cookies themselves do not request personal data in order to be used by the Operator on its own behalf and, in most cases, they do not personally identify internet users. Personal data processed through the use of cookies can only be collected to facilitate certain functionalities for the user. Therefore, the data is encrypted in a way that makes it impossible for unauthorized individuals to access it.
Because identity protection is highly valuable and represents the rights of every internet user, it is important to be aware of the potential issues that cookies can create. As cookies constantly transmit information between the browser and the website in both directions, and, if an attacker or unauthorized person intervenes in the data transmission process, the information contained in cookies can be intercepted. Other cookie-based attacks involve incorrect cookie settings on servers. If a website does not request the browser to use only encrypted channels, attackers can exploit this vulnerability to deceive browsers into sending information through unsecure channels. Attackers then use the information for unauthorized access to certain websites. It is crucial to be cautious in choosing the most appropriate method to protect personal information.

GDPR DATA PROTECTION
Any other delivery conditions, product return/other aspects related to the distance contract published separately on the Site are also incorporated and form an integral part of this Document.
2.3. The Customer is obliged to constantly monitor the terms and conditions, which may be updated, modified, and supplemented. In case of any misunderstandings, the Terms and Conditions at the time of placing and confirming the order written by Colibri-Diet, are applied.
2.4. The Site can be accessed free of charge by any person who has reached the age of 18 and who is interested in the products offered by COLIBRI-DIET.
2.5. COLIBRI-DIET does not assume responsibility for any display errors on the site, nor for graphic elements displayed on the site that are incorrect or cannot be viewed.
2.6. COLIBRI-DIET does not assume responsibility for the suspension or interruption of the site’s operations.
2.7. The Customer is solely responsible for all activities arising from the use of the website and is liable for any material, intellectual, electronic, or other damages caused to the site or COLIBRI-DIET’s content, in accordance with the current Moldovian legislation.
2.8. The Customer may submit any objections/suggestions if they do not agree and/or accept this Document in its entirety, by sending an email to [email protected].
2.9. This site is addressed to individual customers who are at least 18 years old, and to legal entities whose access has not been prohibited by COLIBRI-DIET, regardless of the reason for suspension or removal. By becoming a customer, the person declares that they meet the conditions mentioned above.

  1. CONTENT

3.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, trademarks, static images, dynamic images, text, and/or multimedia content presented on the Website, is the exclusive property of Colibri-Diet and, as applicable, its collaborators. All intellectual property rights obtained directly or indirectly in this regard, regardless of their nature (copyright and related rights or industrial property rights), are reserved to them.
3.2. The Customer is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any content in any other context than the original one intended by COLIBRI-DIET, include any content outside the COLIBRI-DIET website, remove the marks indicating the copyright of COLIBRI-DIET, or participate in the transfer, sale, distribution of created materials by reproducing, modifying, or displaying the content, except for the cases COLIBRI-DIET expressed consent.
3.3. The name “COLIBRI-DIET,” its associated logos and symbols, as well as any combinations thereof with any word, graphic symbol, or in any other form used on the Site, are registered trademarks and the exclusive property of COLIBRI-DIET. They cannot be used in any way by third parties without prior written consent from COLIBRI-DIET.
3.4. Any use of the Content for purposes other than those expressly permitted by the Document or the accompanying usage agreement, if applicable, is prohibited.
3.5. The company reserves the right to display products for presentation purposes only, without the obligation to correspond exactly to the marketed products. All images and texts on www.COLIBRI-DIET.com are for illustrative purposes. Therefore, the products delivered in an order may differ from those presented online (cover, packaging, color, appearance, accessories, format, etc.). Additionally, the company may modify the online information regarding the products offered for sale at any time. The images and descriptions of the products may contain errors or differ from reality, and COLIBRI-DIET is not responsible for such situations, but will commit to resolve them promptly upon notification.
3.6. The prices of the presented products will be displayed on the website. The prices on www.COLIBRI-DIET.com include VAT but do not include other expenses related to the payment procedure through available platforms, unless otherwise specifically stated on the site.

  1. LIMITING ACCESS TO THE WEBSITE
    4.1. COLIBRI-DIET reserves the right to limit access to the website for any visitor (for example, but not limited to cases when visitors violate the Terms and Conditions of website use or when technical or security issues arise, etc.).
    4.2. COLIBRI-DIET may also restrict the rights of website visitors if the provided information in the contact section or if other internal or public communication channels contain illegal, defamatory, offensive, threatening, abusive, vulgar, obscene, privacy-invasive, racially or ethnically hateful, or otherwise offensive or intimidating content.
  2. ONLINE SALES POLICY
    5.1. The access to the Service is granted to any customer who visits the website or places an order on www.COLIBRI-DIET.com using the shopping cart. In order to be granted access to the service, the customer will need to accept the provisions of this document.
    5.2. Placing an order is not conditioned by creating a customer account.
  3. PRODUCTS
    6.1. COLIBRI-DIET may publish information on the website regarding the products that are part of its portfolio and/or promotions, contests, or campaigns, within a certain period and subject to available stock.
    6.2. All the products or services’ prices presented on the website are expressed in euros and include VAT.
    6.3. Invoicing for the purchased products is done exclusively in euros using the information provided by the customer in the form submitted with the order. The company is not responsible for the accuracy of the information provided by the customer for the invoice or for the shipment of the order. The customer understands and accepts that COLIBRI-DIET relies exclusively on voluntarily provided information.
    6.4. In case of online payments using a card, the company is not and cannot be held responsible for any additional costs incurred by the customer, including but not limited to currency conversion fees applied by the card issuing bank if its currency differs from the euro. The customer bears sole responsibility for this action.
    6.5. In the unlikely event that the company is unable to offer a part of the products, it will notify the customer through agreed channels, providing them with any available options.
    6.6. The company may modify prices, offers, and quantities at any time based on internal criteria (raw material stocks, stock availability, etc.), while respecting already placed orders/contracts. The company is not obligated to maintain a specific price except for orders already placed.
    6.7. The products placed on www.COLIBRI-DIET.com are listed in multiple databases. For this reason, in the event of errors or delays in database updates, some products listed as in stock may actually be unavailable. In such cases, the customer will be contacted as soon as this issue is reported.
    6.8. The products placed on www.COLIBRI-DIET.com marked with the symbol ‘*’ in the title will not be eligible for any discounts using promotional coupons.

7.CONCLUSION OF DISTANCE CONTRACT

7.1. The distance contract between the parties is considered concluded (COLIBRI-DIET, as the seller, and the customer, as the consumer) when the customer’s order is electronically confirmed by COLIBRI-DIET, in accordance with legal requirements. Furthermore, before validating the customer’s order and before sending the products, the company has the right to contact the customer through any means available/agreed upon by the parties to obtain the customer’s personal confirmation of the order or identification data. The customer understands and accepts that the company cannot be forced to validate/deliver products to individuals who have not confirmed their delivery and identification details. At the same time, to the extent that the company does not verify the customer’s identity, the customer understands that they are fully responsible for the accuracy of the provided data, and COLIBRI-DIET is not responsible for incorrectly completed data by the customer if the products do not reach them. The parties expressly agree that a resend can only be made to the extent that errors occur within the email address domains (e.g., @gmil, which should be corrected to gmail; @yahio, which should be corrected to @yahoo, etc.), not in the text preceding the domain. In such a situation, the customer must notify the company at the email address: [email protected], and the value of the products will be refunded to the same account from which the payment was made.
7.2. By finalizing the order, the Customer agrees that all data provided by them, necessary for the purchase process, are correct, complete, and true at the time of placing the order, referred to in this document as the issued order.
7.3. As a rule, discount coupons or vouchers are applied only once to the cumulative order.
7.4. In any placed order, the Customer is obligated to thoroughly review this document and cannot claim ignorance of the contractual clauses applicable to the relationship between the parties in the event of misunderstandings arising after the conclusion of the distance contract.
7.5. The Company will issue and transmit to the Customer all necessary documents attesting to the purchase of products by the Customer in accordance with the applicable legislation.
7.6. The contract is concluded for a specified period. It will be considered terminated once the parties have fulfilled their mutual obligations within the terms and conditions established by this document.
7.7. In case there are discrepancies between the number of products ordered and those received, or in the content of the order, the Customer has the obligation to notify COLIBRI-DIET within 24 hours of receiving the package, either by phone or by email at [email protected], providing the relevant details (photos, explanations, etc.).

  1. CANCELLATION OF ORDER BY COLIBRI-DIET

8.1. COLIBRI-DIET reserves the right to cancel an order if it cannot be fulfilled for various reasons (e.g., but not limited to, defects, unavailability, etc.).
8.2. The order will be partially or entirely canceled by the company, with prior notification to the customer via phone or email. The amount corresponding to the undelivered products will be refunded to the same account used for payment. In such cases, the refunds will be processed within a maximum of 15 working days.

  1. MODIFICATION OR CANCELLATION OF AN ORDER BY THE CUSTOMER

9.1. The customer cannot request the modification or cancellation of an order.

  1. UNILATERAL TERMINATION BY THE CUSTOMER

10.1. The customer may unilaterally terminate the order if the Company exceeds the delivery period of 15 days calculated from the date of contract conclusion, except in cases of force majeure, with a minimum of 7 working days.
10.2. The unilateral termination must be made in writing and sent with confirmation of receipt, through confirmed email, prior to taking possession of the ordered products.
10.3. In this case, if the payment has already been made by the customer, the money will be refunded within a maximum of 15 days from the moment the customer receives the non-accepted products, according to the payment option specified in the order form.
10.4. Considering the specific nature of the Company’s activities, the customer understands that they are not entitled to the right of withdrawal according to the provisions of Government Emergency Ordinance 34/2014, considering that the entire digital content is not delivered on a physical medium.

  1. UNILATERAL TERMINATION BY THE COMPANY

11.1. The Company may unilaterally terminate and automatically cancel the order placed by the customer, even without prior notification to the customer, in the following cases:
a) The payment is not made by the customer. In this case, the order will be considered canceled and will not be honored. The Company will have the right to request compensation and/or may refuse to honor any further order requests from the respective customer.
b) The customer has placed more than two orders, subsequently canceled by them.

  1. DELIVERY OF ORDERS CONTAINING PRE-ORDER TITLES

12.1. COLIBRI-DIET’s offer may include, at a certain point, titles that are available for pre-order. These titles are upcoming releases. Customers agree that such programs will become accessible and will be shipped only after the release date.

  1. PAYMENT

13.1. The payment for the ordered product can be made through the following methods:
a) Online payment with a card, in full security, at the time of placing the order. The accepted cards for payment are those issued under the VISA, AMERICAN EXPRESS, and MASTERCARD logos. The payment processor in this case is Stripe.
b) Payment through PayPal.
13.2. The company does not request or store any data regarding the customer’s card or bank account. 13.3. The invoice related to an order will be sent along with the customer’s order to the email address provided by the customer.

  1. PRODUCTS DELIVERY

14.1. The delivery of products purchased on the COLIBRI-DIET website is conducted solely through electronic means, in a digital format.
14.2. The delivery period will not exceed 15 days from the date of contract conclusion. In the unlikely event that there are issues causing a delay beyond the legal delivery period, the Customer will be informed of the new delivery date, which will not exceed 15 days from the original scheduled delivery date within legal limits. A further delay in delivery can only occur with the written agreement of the Customer. Otherwise, the Company will be obligated to cancel the order and refund any advance payments made.
14.3. Orders placed from Monday to Friday after 6:00 PM, as well as on Saturdays or Sundays, will be sent via email on Monday.

  1. GUARANTEES

15.1. Considering the nature of the products distributed by COLIBRI-DIET, the warranty pertains to the initial condition of the products. Therefore, upon receiving an order, it is the client’s responsibility to verify and report any observed discrepancies or errors. After assessment, the product will be replaced or a refund will be issued at the discretion of the company.
15.2. Given the nature of COLIBRI-DIET products (ebooks), they cannot be returned under any circumstances. The client is responsible for verifying the compatibility of the electronic formats available in .pdf format and ensuring that they can be opened on their devices. Additionally, the customer guarantees that their device allows the opening of .pdf documents. The minimum requirements for the device are available at https://helpx.adobe.com/ro/acrobat/system-requirements.html. Furthermore, the customer must ensure that the option to read emails in HTML format is active and that their email server supports receiving emails in HTML format.
15.3. Additionally, the user ensures that they have a valid licensed ADOBE program that allows them to open the received documents.

  1. WITHDRAWAL RIGHTS
    16.1. The Company shall comply with the provisions of Emergency Ordinance no. 34/4.06.2014 regarding consumer rights in distance contracts. 16.2. Taking into account the provisions of the above-mentioned Ordinance, the Customer understands and accepts that, in accordance with the provisions of Article 16 letter m), the materials sold by COLIBRI-DIET cannot be returned.
  2. COMPLAINTS
    17.1. In case of any issues or dissatisfaction, these can be reported by the Customer via email, and the Company will address the problem or contact them.
  3. LIMITATION OF LIABILITY

18.1. The Company cannot be held liable in any way towards any Customer who uses its website or content, except within the limits specified in the Terms and Conditions.
18.2. The Company is not responsible for the content, quality, or nature of the descriptions. Additionally, it is not liable for the content of websites accessed through links.

  1. CONTACT

19.1. By contacting COLIBRI-DIET, the Customer understands it may be contacted through any available means, based on the provided contact information, including electronic means.
19.2. Regarding ongoing distance contracts, the Company may contact the Customer using all voluntarily provided contact details, with the legal basis for data processing being, in this case, the execution of the contract itself.

  1. DATA PROTECTION

20.1. We make every effort to ensure the protection and respect of your personal data by implementing the necessary measures provided by the current laws and regulations regarding data protection, including the General Data Protection Regulation (GDPR) (EU) 2016/679.
20.2. For more information regarding your rights concerning personal data and its storage, please refer to the page https://colibri-diet.com/privacy-policy/ (Privacy Policy).
20.3. For any additional information, inquiries, or requests regarding personal data, you can contact us by phone at +37360103886 or by email at [email protected].

  1. FORCE MAJEURE AND FORTUITOUS EVENTS

21.1. Unless expressly stated otherwise, neither party to an ongoing contract shall be held responsible for the untimely or inadequate performance, total or partial, of any of its obligations under the contract if such non-performance is caused by a force majeure event.
21.2. The party or legal representative invoking the aforementioned event is obliged to immediately and fully inform the other party of its occurrence and take any measures available to limit the consequences of the event.
21.3. The party or legal representative invoking the aforementioned event is exempt from this obligation only if the event prevents it from fulfilling its obligations.
21.4. If, within 15 days from the date of its occurrence, the event does not cease, each party shall have the right to notify the other party of the automatic termination of this contract, without either party being able to claim any further damages.
21.5. The party invoking the force majeure event must provide evidence of the impossibility to fulfill its obligations within 30 days from the date of the event.

  1. DISPUTES

22.1. By using/visiting/viewing/etc. the Website and/or any Content sent to the Customer through any means (electronic, telephone, etc.), the Customer agrees at least to the provisions of the “Terms and Conditions” as well as any other policies/rules published on the Website, which are an integral part of this Document.
22.2. The Contract is considered to be concluded in the Republic of Moldova and is governed by the applicable laws on the territory of the Republic of Moldova. Any dispute arising from this document between the customer and the Company shall be resolved amicably. If this is not possible, the conflict shall be settled by the competent court according to the law.
22.3. In accordance with the provisions of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, the Company provides the customer with the option to opt for extrajudicial settlement of any disputes by using the European Online Dispute Resolution platform (ODR platform), a digital tool created by the European Commission to facilitate independent, impartial, transparent, effective, fast, and fair extrajudicial resolution of disputes concerning contractual obligations arising from online sales or services contracts between a consumer residing in the European Union and a trader established in the European Union.
22.4. If any of the above clauses are found to be null or invalid, regardless of the cause, such clause shall not affect the validity of the other clauses.

  1. FINAL PROVISIONS
    23.1. The Company reserves the right to make any modifications to these provisions, as well as any modifications to the Website/its structure/service, and any Content without prior notice to the Customer.
    23.2. If you have any questions or suggestions, please send us an email to the address provided at the beginning of the document, and your inquiry will be answered as soon as possible.