Terms and Conditions

1. General Provisions

www.bavariamarket.md is the official website of the company Bavaria Market SRL, registered in accordance with the legislation of the Republic of Moldova, hereinafter referred to as "Bavaria Market".

This platform (the website) was created in order to provide all those interested in the Bavaria Market brand and products with information about them, as well as to enable the placing of online orders. Browsing and access to information are free of charge, while the purchase of products and services is made according to the prices displayed. The platform is operated and administered by Bavaria Market SRL.

Access to this platform, as well as its use, are permitted only in accordance with the terms and conditions set out below, as well as with the legal provisions applicable in this field. If you do not agree with the conditions of use, which also include the processing of personal data by Bavaria Market, please do not use this platform.

Acceptance of the terms and conditions occurs at the moment of creating the Customer Account, upon selecting the option "I agree to the Terms and Conditions". Selecting this option and the validation button indicates that you agree to comply with the Bavaria Market terms and conditions, which you have read, understood and accepted in full.

2. Terms and Definitions

2.1. User – any natural person over the age of 18, with full legal capacity, or any legal entity, that accesses the Bavaria Market platform, creates an account or places an order, thereby accepting this Agreement.

2.2. Seller/Administrator – the company Bavaria Market SRL, with its registered office in Chișinău mun., Republic of Moldova, which operates the Bavaria Market platform.

2.3. Bavaria Market Platform – includes the website www.bavariamarket.md and its subdomains.

2.4. Products – the goods displayed on the platform, available for sale at the time of placing the order. Their availability and characteristics are detailed on the Product Page.

2.5. Order – an electronic document that serves as a form of communication between the Seller and the Buyer, by which the Buyer conveys to the Seller their intention to purchase products from the platform.

2.6. Distance Contract – represents the order confirmed by the Seller. The contract is deemed concluded at the moment the Buyer receives the order confirmation notification.

2.7. Transaction – the collection of payment or refund of an amount resulting from the sale of a Product, through the payment methods accepted by the Seller (cash or card on delivery, bank transfer).

2.8. Delivery Fee – the amount owed by the Buyer for the home delivery of the products, displayed transparently at the time of finalizing the order.

2.9. Profiling – the automated processing of data regarding purchase history in order to provide personalized recommendations, in accordance with the Privacy Policy.

2.10. Order Validation Code (Order Code) – represents a unique and secure identifier, consisting of 6 alphanumeric characters (Latin letters and digits), automatically generated by the application for each confirmed order. This code is attached to the Pro Forma Invoice and serves as a mandatory authentication tool: it must be communicated to the Bavaria Market delivery staff in order to validate the Buyer's identity and to allow the handover of the parcel. The possession and presentation of this code by the User is equivalent to the full right to receive the products and to finalize the transaction.

2.11. Pro Forma Invoice / Order Receipt – Represents the electronic document automatically generated by the Bavaria Market platform following the placing of an order, having the role of confirming receipt of the purchase request. It is a document of an informational nature, with no fiscal value, which centralizes: the identification data of the Seller and the Buyer, the logistical details (delivery address and time slot), the list of products, the related costs (subtotal and delivery fee) and the Validation Code required for receipt. The Pro Forma Invoice serves as the basis for the payment to be made by cash or card at the moment of delivery of the products, with the Tax Invoice being issued exclusively after the processing of the final payment.

2.12. Tax Invoice – represents the official accounting document issued by Bavaria Market SRL in accordance with the fiscal legislation of the Republic of Moldova. Within the Bavaria Market Platform, the tax invoice is issued exclusively for Buyers who have selected the option "I need a tax invoice" at the moment of placing the order and have provided correct identification data. Given the accounting verification processes, the generation and transmission of the tax invoice is not carried out instantaneously, but may take between 1 and 3 working days from the moment of collecting the final payment. The invoice will be transmitted to the Buyer by electronic means or made available in accordance with the agreement between the parties, serving as a supporting document for accounting records.

3. Registration on the Site/Application and Data Security

3.1. Registration and Access by Phone Number: The User's account is uniquely linked to the mobile phone number entered at registration. Authentication is carried out by entering the number and confirming it through a unique code (OTP) received by SMS. If a User wishes to use a new phone number to manage an account, that User is required to create a new account. Modification of the phone number is permitted exclusively in the order form, strictly for delivery contact details, without changing the identification data of the main account.

3.2. Accuracy and Type of Data: The User undertakes to provide correct, complete and up-to-date data depending on their status:

• Natural Persons: Last name, First name, mobile phone number and e-mail address.
• Legal Entities: The full name of the entity, the fiscal code (IDNO), the legal address, the phone number, the e-mail address and any other data necessary for the issuance of tax invoices.
• Editing Data: Currently, the user is permitted to edit directly within the account only the "Name" field (or the entity's name). Any other modification of identification data (IDNO, e-mail or main phone number) shall be carried out exclusively through technical assistance, for security reasons.

3.3. Age-Restricted Products (18+): Within the Bavaria Market platform, products in the restricted categories (alcohol, tobacco, etc.) are hidden by default. Access to viewing and ordering them is permitted only after the User explicitly confirms in the application that they are at least 18 years of age. By this confirmation and the finalization of the order, the User declares on their own responsibility that they meet the legal conditions.

3.4. Identity Verification on Receipt: Orders are delivered by Bavaria Market's own delivery staff. When handing over orders containing restricted products (18+), the delivery staff is required to verify the identity card of the person receiving the order. Bavaria Market (Bavaria Market SRL) bears no liability for the presentation of false documents by the customer.

3.5. Account Security and Disclaimer of Liability: The User bears full responsibility for the security of the device on which the Bavaria Market application is installed and for the confidentiality of the verification codes received by SMS. Any action carried out under the User's profile is deemed to have been carried out by that User personally. The transfer of access to third parties is strictly forbidden. Bavaria Market assumes no responsibility for the compromise of the User's personal data, for unauthorized access to the account, or for any damage caused as a result of the User's negligence in ensuring the security of their own device or phone number.

3.6. Administrative and Anti-Fraud Measures: In case of suspicion of fraud, provision of false data (including incorrect IDNO), money laundering or use of the account by a minor for restricted products, the Administrator has the right to block/delete the account and to notify the state authorities. The creation of multiple accounts for the same User is forbidden.

3.7. Geographical Restrictions: Registration is available only to persons located on the territory of the Republic of Moldova, using IP addresses assigned to local internet providers.

3.8. Data Protection, Profiling and Marketing: Registration is conditional upon acceptance of this Agreement and of the Privacy Policy. The User gives their consent for their data to be processed for:

• Order processing and the issuance of tax invoices;
• Profiling and Personalization: the analysis of preferences, of browsing history and of viewed/favorite products in order to provide product recommendations that the User likes;
• Marketing communications: receiving notifications (SMS, Telegram, Viber, social networks) regarding promotions and products of interest.
• Withdrawal of Consent: Given the technical architecture of the Platform, opting out of marketing communications and profiling can be carried out exclusively through the permanent deletion of the user account.

4. Intellectual Property and Copyright

4.1. General Protection: All results of intellectual activity used and displayed on the Bavaria Market platform (visual design elements, symbols, texts, graphics, illustrations, photographs, videos, software programs, music, trademarks and any other items) are the exclusive property of Bavaria Market (Bavaria Market SRL) or of its partners. They are protected by the legislation of the Republic of Moldova on intellectual property and by international conventions.

4.2. Prohibition of Use: The copying, reproduction, republication, downloading, transmission, sale or use of any content from the Platform, in part or in full, without the prior written consent of the Administrator, is strictly forbidden. Any unauthorized use may give rise to civil, administrative or criminal liability.

4.3. Use for Personal Purposes: The User's access to the content on www.bavariamarket.md is provided exclusively for personal, non-commercial use, for the purpose of being informed and of placing orders. The User has no right to download or save the content into the memory of their devices in order to redistribute or modify it.

4.4. Right of Administration: The Administrator reserves the right to modify, update or delete any element of intellectual property on the Platform, at any time, without prior notice to the Users.

5. Rights and Obligations of the Administrator

5.1. Obligations of the Administrator

5.1.1. Order Management: To receive and process the orders placed by Users, informing them about status changes, the estimated time and the cost of delivery.

5.1.2. Platform Security: To make the necessary efforts to prevent the posting on the Bavaria Market platform of files containing viruses or harmful programs.

5.1.3. Lawful Content: Not to promote criminal activities and not to publish instructions for the commission of unlawful acts.

5.1.4. Protection of Third Parties: Not to publish information that infringes the intellectual property rights of third parties.

5.1.5. Payment Processing: To accept payments for products through the methods available on the Platform (bank card, cash on delivery, etc.).

5.2. Rights of the Administrator

5.2.1. Content Control: To modify, supplement or delete, at its sole discretion, any information or content published on the Platform, including prices, product descriptions or promotional materials.

5.2.2. Modification of the Terms: To modify this Agreement without specific prior notice. The new conditions enter into force from the moment of their publication on www.bavariamarket.md.

5.2.3. Verification of Data: To request the User at any time to confirm the data in the account (including identity documents for verifying age or legal identity). Refusal to provide them gives the Administrator the right to suspend the account or to cancel orders.

5.2.4. Customer Interaction: To moderate and respond to comments or reviews left by Users on the Platform.

5.2.5. Restriction of Access: To restrict access to the Service for Users who breach the rules of conduct or attempt fraudulent actions.

6. Rights and Obligations of the User

6.1. Obligations of the User

• 6.1.1. Payment: To pay for the Products and the cost of delivery according to the prices displayed on the Platform at the moment of finalizing the order.
• 6.1.2. Receipt: To receive the products at the location and within the time slot established. In the event of changing the delivery location after confirmation, the User accepts to bear the additional transport costs.
• 6.1.3. Accuracy of Information: To guarantee the truthfulness of the data provided at registration (Name, IDNO, phone, etc.) and to update it periodically in order to ensure correct invoicing and delivery.
• 6.1.4. Lawful Use: To use the Bavaria Market Platform exclusively for lawful purposes, complying with the legislation of the Republic of Moldova and with the conditions of this Agreement.
• 6.1.5. Device Security: To take measures to ensure the security of the device on which the application is installed and of the phone number on which the access codes are received.
• 6.1.6. Integrity of the System: To refrain from any action intended to destabilize the operation of the platform, to avoid attempts at unauthorized access or the copying of content protected by copyright.
• 6.1.7. Prohibition of Advertising: Not to transmit advertising messages or spam through the platform to other users or to the Administrator, without the latter's prior written consent.
• 6.1.8. Non-Commercial Use: Not to reproduce, sell or use for commercial purposes any part of the Bavaria Market content without the written permission of the Administrator.
• 6.1.9. Conduct and Prohibited Content: The User is forbidden from uploading or distributing through the platform any information which:
  • Is vulgar, obscene or contains licentious language;
  • Promotes racial, ethnic or religious hatred;
  • Infringes the rights of minors or the private life of third parties;
  • Contains viruses, harmful links or is fraudulent in nature.

6.2. Rights of the User

• 6.2.1. Information: To receive correct and detailed information about the Products displayed on the Platform.
• 6.2.2. Delivery Service: To receive the ordered products at the time and at the location agreed, except in cases of force majeure.
• 6.2.3. Account Closure: To cease using the service and to request the permanent deletion of the account (which will automatically result in the cessation of profiling and marketing messages).
• 6.2.4. Data Protection: To benefit from the rights provided by the Law on the protection of personal data, within the technical limits described in Section 3.8 of this Agreement.

7. Order Procedure and Delivery of Products

7.1. Placing the Order: In order to place an Order, the User selects the desired products on the Platform, confirms the age (where applicable) and enters the data necessary for delivery and invoicing.

7.2. Confirmation and Conclusion of the Contract: The contract of sale is deemed concluded and acquires legal force at the moment when any of the following actions occurs:

• The User receives the order confirmation notification by e-mail or in the application;
• The User is contacted by telephone by a Bavaria Market operator and verbally confirms the details of the order.

7.3. Execution of the Order: The Administrator undertakes to collect, package and dispatch the products in accordance with the details of the order. The final price includes the cost of the products and, where applicable, the cost of the packaging materials necessary for transport.

7.4. Method of Delivery and Payment Conditions: Delivery is carried out to the address indicated by the User, by Bavaria Market's own delivery staff. Payment may be made in cash or by card on delivery, or by bank transfer, in accordance with Section 9 of this Agreement.

7.5. Modifications of the Order: In the event that a product is not in stock, the Administrator will contact the User by telephone or messaging in order to agree on the replacement of the product or the partial cancellation.

7.6. Verification on Receipt and Complaints:

• The User is required to verify the integrity of the parcel at the moment of receipt.
• Any complaint regarding the quantity or integrity of the products must be reported by 12:00 p.m. of the following day, and shall be mandatorily accompanied by clear photographs of the product/parcel and a copy of the fiscal receipt/invoice.
• In the case of orders paid by bank transfer, the User must present, upon request, confirmation of the transaction (account statement or proof of payment from the banking application) attesting the transfer of funds to Bavaria Market SRL. In the absence of such evidence, the Administrator reserves the right to reject the complaint.

7.7. Return of Products: Carried out under the conditions of the law, with the exception of perishable or unsealed (hygiene) products.

7.8. Age Verification (18+): The Bavaria Market delivery staff shall mandatorily request the identity card for restricted products. The absence of the document or non-compliant age leads to the automatic cancellation of the handover of the respective products.

7.9. Refusal of Execution and Refund of Funds: The Administrator may refuse an order for justified reasons (fraud, negative history). In the case of cancellation of an order already paid for, the refund will be made through the same method used for payment, within the time limits set by the issuing bank. The User bears the technical risk and any banking transfer fees in the event that the cancellation occurs through their fault.

7.10. Failed Deliveries and Sanctions: In the event that the delivery fails through the User's fault — due to inaccessibility, lack of response of the Buyer or unjustified refusal of receipt — the following measures shall apply:

• Financial deductions: The Administrator has the right to retain the cost of transport and packaging from the amount paid, returning to the User only the value of the products.
• Restriction of access: The Administrator reserves the right to block or permanently delete the User's account in the event that the User has a history of failed deliveries or if it is considered that their actions cause operational damage to the Bavaria Market Platform. The unblocking of the account in such cases may only be carried out at the sole discretion of the Administrator.

8. Liability and Limitation of Liability

8.1. Service Availability: The Administrator provides the possibility of using the Bavaria Market Platform "as is", without any guarantees of permanent or uninterrupted access. The Administrator is not responsible for interruptions caused by situations beyond its technical competence (errors of internet providers, external server maintenance or cyber attacks).

8.2. Disclaimer of Liability: The User accepts that the Administrator bears no liability towards them or towards third parties for:

• 8.2.1. Subjective Expectations: Any non-conformity of the Products with the personal standards or subjective expectations of the User, which are not related to the objective quality of the product or to its description.
• 8.2.2. External Events: Delays, malfunctions or incorrect deliveries caused by force majeure or extreme weather conditions.
• 8.2.3. Erroneous Data: Non-execution or improper execution of the order due to the User's provision of incomplete, false or outdated data (including, but not limited to: name, phone number, e-mail or invoicing data mentioned in Section 3.2). The Administrator shall not be responsible for the impossibility of delivery or of issuing correct tax invoices in such situations.
• 8.2.4. Account Security: Damage caused by unauthorized use of the account by third parties, as a result of the loss of the device, theft of data or disclosure of access codes (SMS OTP) by the User.
• 8.2.5. Technical Equipment: Malfunctions of the User's software or hardware caused by improper use of the application or of the website www.bavariamarket.md.

8.3. External Content and Links: The Platform may contain links to external resources (social networks, external websites). The Administrator does not control and is not responsible for their content, privacy policies or availability. Any access to such links is made at the sole risk and responsibility of the User.

8.4. Responsibility of the User:

• 8.4.1. Truthfulness: The User is solely responsible for the accuracy of the registration data and of the information entered in the Order, in accordance with the structure in Section 3.2.
• 8.4.2. Indemnification: In the event that the Administrator (Bavaria Market SRL) suffers losses, receives fines from the supervisory authorities (e.g.: State Tax Service, Consumer Protection Agency) due to false or incomplete data provided by the User in accordance with the requirements in Section 3.2 (e.g.: false IDNO, incorrect name of the legal entity, incorrect legal address, or age not correctly declared in the case of 18+ products), the User undertakes to indemnify the Administrator in full for these costs, including the fines, court costs and any other damages caused.
• 8.4.3. Conduct and Comments: The User is directly responsible for the opinions, reviews and comments posted on the Platform. These must comply with the legislation in force and must not harm the image of Bavaria Market or of other users.

8.5. System Errors: The Administrator is not liable for errors in the operation of the Service that arise as a result of acts/omissions of third parties involved in the payment process (banks, payment processors), where such parties are not under the direct and exclusive control of Bavaria Market.

8.6. Liability for Restricted Products (18+): The Administrator is exonerated from any legal liability if the User has managed to place an order of restricted products by defrauding the verification system (e.g.: using the data or device of an adult), or if the person who physically received the products at home misled the delivery staff as to their identity or actual age.

8.7. Unauthorized Use of Intellectual Property: The User bears full liability for any infringement of the copyright mentioned in Section 4, and is required to cover any material or reputational damage caused by the unlawful copying or distribution of the Platform's content.

9. Price and Methods of Payment

9.1. Methods of Payment: The Administrator offers the User the following options for paying for the Products:

• Card Payment on Delivery: Through the portable POS terminal carried by the delivery staff.
• Cash Payment: Directly to the Bavaria Market delivery staff, at the moment of receiving the order.
• Bank Transfer: Intended for legal entities, on the basis of the tax invoice issued in accordance with the data in Section 3.2.

9.2. Pricing Policy: The prices of the products are those displayed on the Platform at the moment of placing the order and include VAT. The Administrator may modify the prices without prior notice, but such modifications shall not affect orders that have already been confirmed.

9.3. Additional Costs: The User accepts to pay the cost of transport and of packaging, which will be clearly indicated in the order summary before payment.

9.4. Liability for Invoicing: The User is responsible for the correctness of the data provided (Name/IDNO). Any error in the data provided in accordance with Section 3.2 is the User's responsibility, and the Administrator will not reissue tax invoices for incorrect data already reported in the fiscal system.

9.5. Non-Returnable Products: The User confirms that they have been informed about the list of products that cannot be returned (food products, perishables, unsealed hygiene products), in accordance with Law No. 105/2003 on consumer protection.

9.6. Refund of Funds: Refunds for cancelled orders or accepted returns are made through the same method by which the payment was made, respecting the banking processing time frames.

9.7. Logistical Penalties: In the case of incorrect contact data, lack of response upon delivery or last-minute change of address, the User undertakes to cover the additional transport costs generated.

10. Confidentiality of Information

10.1. Obligation of Confidentiality: The User undertakes to keep confidential the information to which they have access in the course of using the Bavaria Market Platform. All information regarding the Administrator, the internal work processes, the marketing strategies, as well as any technical or commercial data not intended for the general public, is considered confidential.

10.2. Prohibition of Disclosure: The User undertakes not to transmit confidential information to third parties without the prior written consent of the Administrator, except for requests received from the competent state authorities, under the conditions and procedure set out by the legislation of the Republic of Moldova.

10.3. Liability for Disclosure: In the event that the User breaches the obligations of confidentiality and this leads to the unauthorized disclosure of information, the Administrator has the right to hold the User liable in accordance with the legislation in force and to seek full recovery of the material or reputational damage caused.

10.4. Monitoring and Recording of Communications: The Administrator reserves the right to record the User's telephone conversations with Bavaria Market operators, as well as the chat history within the application. The purpose of these recordings is:

• Ensuring the quality of services;
• Confirming the details of orders;
• Use as evidence in the case of any disputes or complaints.
• Data Protection: The Administrator undertakes to prevent unauthorized access to these recordings and not to transmit them to third parties that are not directly connected with the execution of orders or with legal proceedings.

11. Final Provisions

11.1. Applicable Law: This Agreement and all legal relations between the Administrator and the User are governed and interpreted in accordance with the legislation in force of the Republic of Moldova.

11.2. Severability Clause: If, for any reason, certain provisions of this Agreement are declared null or without legal effect, this shall not affect the validity or applicability of the other clauses, which shall remain in force.

11.3. Entry into Force and Duration of the Contract: This Agreement is deemed concluded for an indefinite term and enters into force at the moment when the User explicitly ticks the box "I agree to the Terms and Conditions" within the registration process. The technical validation of identity is subsequently carried out by entering the unique code received by SMS (OTP).

11.4. Amicable Settlement: Any disagreements or disputes arising in connection with this Agreement shall be settled, in the first instance, amicably, through direct negotiations between the parties.

11.5. Competent Court: In the event that no agreement is reached through negotiations, any dispute arising from this Agreement shall fall within the exclusive jurisdiction of the courts of the Republic of Moldova (Chișinău mun.), in accordance with the procedural rules in force.

11.6. Individual Termination: In the event that the Administrator decides to terminate the contract with a particular User (for reasons of fraud or breach of the terms), the User shall be notified by e-mail or by blocking access to the account.