General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the “GTCS”) govern the commercial relationship between QAPIROM PLAST SRL, a Romanian limited liability company registered under number J5/655/2000, with intra-Community VAT number RO12562282 and registered office at Loc. Borș, Parcul Industrial Borș, no. 2E, Bihor County, Romania (hereinafter the “Seller”), and any professional customer placing an order through the website https://www.qapistore.com (hereinafter the “Website”) or through any other commercial channel (hereinafter the “Customer”).
Article 1 — Purpose
These GTCS define the conditions under which the Seller markets injection-moulded plastic products to the Customer, including industrial bins, boxes, crates, composters, floor tiles, technical parts and other industrial or automotive products, whether made to order, customised or available from stock.
Article 2 — Scope and professional customers
These GTCS apply to every commercial offer and every order placed with the Seller. They prevail over any document issued by the Customer, in particular the Customer's general terms and conditions of purchase, unless an express written derogation is accepted by the Seller.
The Website and these GTCS are intended exclusively for professionals, whether natural or legal persons, acting in the course of their commercial, industrial, craft, liberal or agricultural activity. The Seller may verify this professional status before issuing an offer.
The Website is not intended for consumers within the meaning of the applicable legislation. Consequently, the rules relating to contracts concluded with consumers, including the right of withdrawal applicable to certain distance sales, do not apply to orders governed by these GTCS.
Article 3 — Products and published information
The products offered are those described on the Website or in the commercial offer. Photographs, illustrations, diagrams, descriptions and information published on the Website are provided for guidance only and have no contractual value. No information on the Website constitutes a firm offer for sale.
The contractual characteristics of a product are exclusively those stated in the commercial offer accepted by the Customer. The Seller may modify the characteristics presented to take account of technical improvements, supply constraints or developments in the manufacturing process, without affecting an order already accepted unless otherwise agreed by the parties.
Article 4 — Industrial tolerances, materials and colour shades
As the products are manufactured using industrial plastics-processing methods, their dimensions, weight, colour shades, finishes, textures, markings and other characteristics may vary within the agreed specifications and applicable industrial tolerances.
Where recycled or regenerated materials, or materials from different supply batches, are used, limited variations in colour shade, texture or appearance may occur between batches. Such variations do not constitute non-conformity provided that the essential characteristics and contractual specifications are met.
Article 5 — Availability
Quantities and availability displayed on the Website are indicative. For made-to-order products, availability depends in particular on production capacity, material availability and the required technical approvals. The applicable availability is that stated in the commercial offer.
Article 6 — Request for quotation and commercial offer
Each order is preceded by a request for quotation specifying the products, quantities and any special requirements. The Seller prepares a commercial offer specifying, in particular, prices, quantities, payment terms, estimated lead time and delivery arrangements.
The offer remains valid for the period stated therein. Upon expiry of that period, the offer lapses and the Seller may issue a new offer, in particular to reflect changes in the cost of raw materials, energy, transport or other economic factors.
Article 7 — Formation of the contract
The contract is formed when the Customer expressly accepts the commercial offer in accordance with the procedures stated therein. Payment of a deposit, issuance of a purchase order referring to the offer, or any express request to begin performance also constitutes acceptance of the offer and these GTCS, subject to acceptance of the order by the Seller.
Any subsequent amendment must be accepted in writing by the Seller and may result in a revision of the price, quantities, specifications or lead times. The Seller may refuse or cancel an order in the event of a previous payment dispute, inaccurate information, inability to verify professional status, or a legal or regulatory risk.
Article 8 — Customer account
Creation of a customer account may be required to track quotations and orders. Login credentials are personal and confidential. The Customer is responsible for safeguarding them and for operations carried out through its account until the Seller is notified of unauthorised use.
The Customer must report any suspected compromise without delay. The Seller may suspend, restrict or delete an account in the event of inaccurate information, fraudulent or abusive use, a payment incident, a security risk or failure to comply with these GTCS.
Article 9 — Prices and obvious errors
The contractual prices are those stated in the accepted offer. They are expressed in euros excluding taxes, unless otherwise indicated, and remain firm during the validity period of the offer. Any amendment requested by the Customer may result in an adjustment.
Prices or information appearing on the Website are indicative. In the event of an obvious material, typographical, technical or pricing error, the Seller may correct it and no contract may be formed on the basis of the erroneous information.
Article 10 — VAT, taxes and formalities
The applicable VAT is that in force on the invoice date. The intra-Community supply or reverse-charge regime applies where the legal conditions are met. The Customer must provide a valid intra-Community VAT number and all necessary information.
Unless otherwise stipulated, customs duties, import taxes, customs-clearance costs and other charges payable in the destination country shall be borne by the party designated under the applicable Incoterm® rule or in the commercial offer.
Article 11 — Payment terms
Unless otherwise specifically agreed, payment shall be made by bank transfer in accordance with the procedures and due dates stated in the offer or invoice, in particular in the form of a deposit and payment of the balance before dispatch. The Seller may expressly offer another payment method.
No discount is granted for early payment unless agreed in writing. The Customer's bank charges and costs associated with its payment method remain payable by the Customer.
Article 12 — Late payment
Any late payment shall automatically, under Romanian legislation applicable to transactions between professionals, make late-payment interest payable at the statutory rate applicable to commercial matters from the day following the due date, together with the statutory fixed compensation for recovery costs and, upon supporting evidence, reasonable costs exceeding that compensation.
The Seller may suspend any order in progress, refuse any new delivery, declare all outstanding sums immediately due and make future orders conditional upon advance payment, without prejudice to its other rights.
Article 13 — Retention of title
The Seller retains title to the products until full payment of all sums due under the order, including principal and ancillary amounts. The Customer must preserve the identification of the products and immediately inform the Seller of any seizure or third-party claim.
Retention of title does not prevent the transfer of risk in accordance with the agreed Incoterm® rule or, failing that, when the products are made available to the Customer at the Seller's premises.
Article 14 — Delivery and transfer of risk
Delivery arrangements, transport, the designated place, costs and, where applicable, the applicable Incoterm® rule are defined in the commercial offer. Where an Incoterm® rule is used, it shall be understood in accordance with Incoterms® 2020 unless otherwise indicated.
In the absence of any stipulation, the products are made available for collection at the premises of the production site concerned by the order, currently Loc. Bors, Parcul Industrial Bors, nr. 2E, Jud. Bihor, Roumanie. Risk transfers when the products are made available. The Customer organises collection, loading and transport at its own cost and risk, subject to any mandatory provision to the contrary.
Article 15 — Lead times
The stated lead times are estimates and constitute a firm commitment only where the offer expressly so provides. They depend in particular on production capacity, availability of materials, technical approvals, the Customer's compliance with its obligations, transport and external circumstances.
A reasonable overrun does not entitle the Customer to compensation or cancellation. In the event of a manifestly excessive delay attributable to the Seller, the Customer may require performance within an additional reasonable period. Termination may occur only after a formal notice has remained without effect, unless a mandatory provision provides otherwise.
Article 16 — Receipt of goods
Upon receipt, the Customer must inspect the apparent condition, quantities, references and integrity of the packaging. Any reservation must be precise and detailed and addressed to the carrier in accordance with the applicable rules, with a copy sent to the Seller. Failing this, the products shall be deemed received in conformity with regard to apparent defects and quantities, subject to applicable mandatory provisions.
Article 17 — Complaints and product inspection
Any complaint relating to an apparent defect or non-conformity detectable upon receipt must be submitted to the Seller in writing within eight working days following delivery, together with the order references, photographs and a precise description.
The Customer must preserve the products concerned, cease any use likely to aggravate the defect and allow the Seller to inspect them before they are modified, destroyed, returned or disposed of. No return may be made without the Seller's prior written consent and return instructions.
Article 18 — Warranties
The Seller warrants the products against latent defects in accordance with the rules of Romanian law applicable between professionals, unless a commercial warranty is specified in the offer. Any warranty is excluded in cases of normal wear and tear, unsuitable storage, improper handling, non-compliant use, exceeding the agreed performance, modification or repair by a third party, or a defect arising from plans, specifications or materials imposed by the Customer.
Where a defect is acknowledged as attributable to the Seller, the Seller shall choose, within reasonable limits and subject to mandatory rights, between repair, replacement, issuance of a credit note or reimbursement of the product concerned.
Article 19 — Made-to-order or customised products
Products manufactured or customised according to the Customer's specifications may not be returned, exchanged or refunded after the order has been accepted and production has begun, except in the case of a defect acknowledged as attributable to the Seller. The Customer is solely responsible for the accuracy, completeness and suitability of the specifications it provides.
Any cancellation exceptionally accepted by the Seller may give rise to invoicing for studies, ordered materials, work performed, reserved capacity and other costs incurred.
Article 20 — Moulds, tooling and property entrusted by the Customer
Moulds, inserts, tooling, components, materials, documents or other property belonging to the Customer and entrusted to the Seller remain the Customer's property. They are kept and used with reasonable care for the purposes of the agreed orders.
Unless specifically agreed in writing, the Seller is not required to insure such property or retain it beyond the period necessary for the commercial relationship. Maintenance, repair, refurbishment, adaptation, extended storage or destruction may be subject to prior invoicing. The Customer warrants that it holds all necessary rights in the entrusted items.
Article 21 — Intellectual property and ownership of developments
Unless otherwise agreed in writing, studies, plans, drawings, files, models, concepts, moulds, cavities, tooling, software and technical developments created or financed by the Seller remain its exclusive property, including where they were produced at the Customer's request or with a financial contribution from the Customer.
The order transfers no intellectual or industrial property right to the Customer. The Customer warrants that the plans, trademarks, content and specifications it provides may be used without infringing third-party rights and shall indemnify the Seller against the consequences of any claim based on such items.
Article 22 — Limitation of liability
The Seller may be held liable only for proven fault directly causing direct loss. Subject to cases in which limitation is prohibited by law, the Seller's total liability is limited to the amount of the relevant order excluding taxes.
The Seller shall not be liable for indirect loss, including loss of operations, production, turnover, customers, orders, data, margin, reputation or opportunity. These limitations do not apply in cases of intentional or gross fault or in any other cases in which they are prohibited by Romanian law.
Article 23 — Force majeure
Neither party shall be liable for delay or non-performance caused by a force majeure event within the meaning of Romanian law. Such events may include, where they meet the legal criteria, natural disasters, fires, conflicts, acts of authorities, strikes, epidemics, major cyberattacks, prolonged interruption of energy or communications, critical failure of transport infrastructure and unforeseeable unavailability of a strategic supplier.
The affected party shall inform the other party within a reasonable period and take reasonable measures to limit the consequences. The affected obligations are suspended for the duration of the impediment. If it continues to such an extent that the order is deprived of its essential purpose, the parties shall consult regarding its continuation or termination, without compensation for the prevented party.
Article 24 — Export controls and sanctions
The Customer undertakes to comply with the applicable rules on export and re-export controls, economic sanctions, embargoes and trade restrictions. It shall provide the necessary information concerning the destination, end user and intended use where required.
The Seller may refuse, suspend or cancel an order whose performance is prohibited or is liable to expose the Seller to a regulatory breach, without incurring liability on that account.
Article 25 — Data protection
Personal data communicated in connection with the commercial relationship are processed in accordance with the Website's Privacy Policy. The Customer shall ensure that it informs the persons whose contact details it provides to the Seller and warrants that it is authorised to communicate such data.
Article 26 — Governing law and Vienna Convention
These GTCS and all orders are governed by Romanian law. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded unless expressly agreed otherwise in writing by the parties.
Article 27 — Dispute resolution and jurisdiction
In the event of a dispute, the parties shall endeavour to reach an amicable solution. If no amicable settlement is reached within a reasonable period, any dispute relating to the formation, validity, interpretation, performance or termination of the commercial relationship shall fall within the exclusive jurisdiction of the Romanian courts having territorial jurisdiction over the Seller's registered office, including in the event of multiple defendants or third-party proceedings, unless a mandatory rule provides otherwise.
Article 28 — Entire agreement, severability and non-waiver
The accepted offer, these GTCS and the documents expressly incorporated therein constitute the entire agreement between the parties in respect of the relevant order and replace prior exchanges concerning the same subject matter.
If any provision is declared void or unenforceable, the remaining provisions remain in force. A party's failure to exercise a right does not constitute a waiver of its later exercise.
Article 29 — Language and versions
The GTCS may be made available in several languages. In the event of a discrepancy in interpretation, the version expressly designated in the commercial offer shall prevail. In the absence of such designation, the French-language version shall be the reference version, subject to applicable mandatory rules.
Article 30 — Entry into force and amendment
These GTCS apply to offers issued and orders accepted as from their update date. The Seller may amend them for the future. The version applicable to an order is the version attached, referred to or accessible when the offer is accepted.
Last updated: 28 September 2026.
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