Terms and Conditions

 

The website draculafishing.com (hereinafter “the Website” or “DraculaFishing”) is owned and operated by Marele Pescar Trade SRL, a company registered in Romania with the following details:

– VAT number: RO28598479
– Trade Register number: J40/7018/2011
– Registered office: Strada Ioachim Gheorghe 27, Sector 5, Bucharest, Romania
– E-mail: contact@draculafishing.com

By browsing the Website and/or placing an Order, any User or Client confirms that they have read, understood and accepted these Terms and Conditions (“Terms”).

DraculaFishing reserves the right to modify or update the content of the Website and these Terms at any time. The version in force at the time of placing an Order will apply to that Order and to the Contract resulting from it.

 

1. Definitions

 

User – any person who accesses or browses the Website.

Client – any natural person (consumer) or legal entity who places an Order via the Website.

SellerMarele Pescar Trade SRL, as identified above.

Products / Services – any goods or services listed on the Website and included in an Order.

Order – an electronic request placed by the Client via the Website, by which the Client expresses the intention to purchase certain Products/Services from the Seller.

Contract – the distance contract concluded between the Seller and the Client when the Seller confirms by e-mail that the Order has been dispatched.

Courier – any third party provider of parcel delivery services contracted by the Seller to deliver Products to the Client.

 

2. Intellectual Property Rights

 

All content on the Website – including, but not limited to, images, texts, graphics, logos, icons, scripts, software, design elements, trademarks and trade names – is the property of DraculaFishing, Marele Pescar Trade SRL or its suppliers and is protected by applicable copyright and intellectual property laws.

Any reproduction, distribution, modification, publication, transmission, or other use of the Website content without the prior written consent of DraculaFishing is strictly prohibited and may be sanctioned under applicable law.

DraculaFishing may grant a limited, non-transferable, non-exclusive right to use certain content of the Website, only for the purposes and within the scope agreed in writing. This does not grant any rights over other content on the Website.

 

3. Disclaimer

 

The Website and all its content are provided on an “as is” and “as available” basis. DraculaFishing does not guarantee that:

  • the Website will function continuously, without errors or interruptions;
  • the Website or the servers that host it are free of viruses or other harmful components;
  • the information presented is always accurate, complete or up to date.

Use of the Website is at the User’s own risk. To the maximum extent permitted by law, DraculaFishing shall not be liable for any direct, indirect, incidental or consequential damages arising from or in connection with accessing or using the Website or its content.

Product descriptions and certain technical details are provided or confirmed by suppliers and manufacturers. While we make reasonable efforts to ensure accuracy, DraculaFishing cannot be held liable for minor differences in packaging, colour, or non-essential characteristics.

The Website may contain links to third-party websites. These links are provided for convenience only. DraculaFishing does not control and is not responsible for the content, privacy practices or products and services offered on third-party websites.

 

4. User Content and Behaviour

 

Users may post reviews, comments, questions or other content, as long as such content is respectful and does not:

  • violate applicable laws or regulations;
  • contain defamatory, offensive, obscene or threatening material;
  • infringe upon privacy or intellectual property rights;
  • contain viruses or malicious code;
  • constitute commercial solicitation or spam.

By submitting content to the Website, the User warrants that the content is original and does not infringe the rights of third parties. The User grants DraculaFishing a non-exclusive, royalty-free, irrevocable, worldwide licence to use, reproduce, modify, publish and display such content in connection with the Website.

 

5. Personal Data Processing

 

The processing of personal data collected via the Website (such as name, address, email, phone, order details) is carried out by Marele Pescar Trade SRL in accordance with Regulation (EU) 2016/679 (GDPR) and applicable national legislation.

Detailed information on what data we collect, for what purposes, the legal bases of processing, retention periods, data subject rights (access, rectification, erasure, restriction, portability, objection, complaint), as well as contact details for data protection queries, are described in our separate Privacy Policy.

By creating an account, placing an Order or subscribing to newsletters, the Client acknowledges that they have read the Privacy Policy and agrees to the processing of their personal data as described therein.

 

6. User Registration

 

To place Orders more easily, Users may create an account on the Website using a valid e-mail address. The User is responsible for:

  • providing accurate and up-to-date information;
  • maintaining the confidentiality of their login credentials;
  • all activities carried out under their account.

DraculaFishing reserves the right to suspend or close accounts created with false information, used abusively, or suspected of fraudulent activities, without prior notice and without liability for any damages.

 

7. Prices and VAT

 

All prices displayed on draculafishing.com are expressed in EUR and, unless otherwise indicated, include value added tax (VAT) applicable according to Romanian and EU legislation at the time of purchase.

Final prices payable by the Client may include, in addition to the product price:

  • shipping charges;
  • cash-on-delivery or payment processing fees, if applicable;
  • any other costs explicitly displayed on the Website before order confirmation.

In the case of cross-border deliveries within the EU, VAT is generally applied according to relevant EU rules (e.g. OSS schemes), depending on the Client’s country of residence and the value of sales in that country. Any such adjustments will be reflected in the final amount shown at checkout.

 

8. Orders and Contract Formation

 

By placing an Order on the Website, the Client:

  • confirms that all information provided is accurate and complete;
  • expressly agrees to be contacted by DraculaFishing by e-mail and/or phone regarding the Order;
  • acknowledges that the Order constitutes an offer to purchase the selected Products subject to these Terms.

The automated e-mail confirming receipt of the Order request does not yet constitute acceptance of the Order. The Contract is deemed concluded only when the Client receives an e-mail notification that the Products have been dispatched.

DraculaFishing reserves the right to refuse or cancel an Order, after informing the Client, in situations such as:

  • payment failure or rejection by the payment processor;
  • incomplete, incorrect or unverifiable Client data;
  • suspected fraud or abuse;
  • repeated failed deliveries to the same Client/address;
  • Product unavailability or obvious errors in price or description.

In case a Product is unavailable after the Order has been placed, DraculaFishing will inform the Client as soon as reasonably possible. Any amounts paid for unavailable Products will be refunded, or alternative options (replacement, partial shipment) will be proposed.

 

9. Invoicing and Payment

 

The price, payment method and payment terms are shown at checkout and in the Order summary. The Seller will issue an invoice for the delivered Products, based on the information provided by the Client, and send it electronically or include it in the parcel.

The only payment method available on the Website is online card payment, processed securely through the Netopia Payments platform.

The merchant does not collect, store or have access to any payment card details. All card transactions are processed directly by Netopia Payments in accordance with applicable security and data protection standards.

The Client undertakes to provide valid payment details and authorizes the Seller or its payment service provider to charge the corresponding amounts.

 

10. Warranty and Conformity

 

Products sold through the Website benefit from the legal guarantee of conformity applicable to consumer contracts under EU and national law, as well as any commercial guarantees offered by the manufacturer, where applicable.

The legal guarantee typically covers non-conformities existing at the time of delivery and manifesting within the legal term, provided the Products have been used according to the instructions and normal conditions of use.

To invoke the warranty, the Client must:

  • present proof of purchase (invoice/order confirmation);
  • follow the instructions explicitly communicated for warranty claims (e.g. contact details, return address);
  • not have altered the Product in a way incompatible with normal use.

Details about warranty terms, where applicable, may be included in the Product description or in the documentation provided in the parcel.

 

11. Delivery

 

Products are delivered via courier services to the delivery address indicated by the Client when placing the Order. Estimated delivery times and shipping fees are displayed on the Website and/or at checkout and may vary depending on destination.

Unless otherwise stated, the maximum delivery period shall not exceed 30 days from the date of Contract conclusion. If this term cannot be met, the Client will be informed and may choose between:

  • accepting a new delivery date; or
  • cancelling the Order and obtaining a refund of amounts already paid.

The Client is responsible for ensuring that someone is available at the delivery address to receive the parcel. Upon delivery, the Client (or the person authorized to receive) may be asked to present identification and sign the delivery note.

We recommend that the Client checks the parcel at delivery and notes any visible damage or discrepancies on the courier’s document. Complaints about transport damage may require such notes as evidence.

 

12. Promotions, Vouchers and Discount Codes

 

From time to time, DraculaFishing may run promotions, campaigns, voucher codes or other special offers. The specific rules of each promotion are communicated on the Website or by e-mail and apply only during the validity period and while stocks last.

Unless explicitly stated otherwise:

  • promotions cannot be combined with other discounts or vouchers;
  • only one voucher/discount code may be used per Order;
  • vouchers cannot be exchanged for cash and cannot be applied retroactively to past Orders;
  • if an Order made with a voucher is cancelled or fully returned, the voucher is considered used and will not be re-issued, except where the promotion rules provide otherwise.

DraculaFishing reserves the right to modify, suspend or cancel a promotion at any time, with prior information published on the Website, without affecting Orders already placed and confirmed under the initial terms.

 

13. Returns and Right of Withdrawal (Consumers)

 

Consumers within the EU who purchase Products via the Website have the right to withdraw from the distance contract without giving any reason, within 14 days from the date on which they (or a third party indicated by them) take physical possession of the Products.

Return procedure:

  • The Client must notify DraculaFishing of the decision to withdraw (e.g. by e-mail to contact@draculafishing.com) within 14 days from receipt of the Products.
  • The Client must send back the Products to the return address indicated (e.g. warehouse / return centre) within 14 days from the date of withdrawal notification.
  • Return shipping costs are borne by the Client, unless otherwise stated in the Seller’s commercial policy.

Condition of returned Products:

  • Products must be returned in a condition allowing resale: unused (except for reasonable testing), complete, with original packaging, labels and all accessories and documentation received.
  • Products that are clearly used beyond what is necessary to establish their nature, characteristics and functioning may be subject to a reduction in refund proportional to the loss in value.

Refunds:

Upon valid withdrawal, DraculaFishing will refund all payments received from the Client for the returned Products, including standard delivery costs (if applicable), without undue delay and no later than 14 days from the date on which it is informed of the Client’s decision to withdraw. The Seller may delay reimbursement until the Products are received back or until proof of return has been provided, whichever is earlier.

Refunds will be made using the same payment method used for the original transaction, unless the Client expressly agrees to a different method that does not involve additional costs.

Certain categories of Products may be excluded from the right of withdrawal under Article 16 of Directive 2011/83/EU (for example, sealed goods not suitable for return due to health or hygiene reasons and unsealed after delivery, goods made to the consumer’s specifications, rapidly perishable products, etc.). Any such exclusions will be indicated where relevant in the Product description or during checkout.

 

14. Force Majeure

 

Neither party shall be liable for failure to perform or delayed performance of its obligations if such failure is due to a force majeure event as defined by applicable law (e.g. natural disasters, war, riots, strikes, major technical failures, decisions of authorities).

The party invoking force majeure shall inform the other party as soon as reasonably possible. If the force majeure situation lasts longer than 30 days, either party may terminate the Contract without liability for damages.

 

15. Governing Law and Dispute Resolution

 

These Terms and any Contract concluded via the Website are governed by and shall be interpreted in accordance with the laws of Romania, without prejudice to any mandatory consumer protection rules in the Client’s country of residence within the EU.

The parties will seek to resolve any dispute amicably. If this is not possible, consumers may:

  • refer the dispute to the competent courts in Romania; and/or
  • where EU law so provides, address the courts of their country of residence; and/or
  • use available alternative dispute resolution (ADR) or the EU Online Dispute Resolution platform (ODR).

 

16. Fraud and Abuse

 

Any attempt to create multiple accounts, use false identities, manipulate promotions, place fraudulent Orders, access or modify Website data without authorization, or engage in any conduct that may harm DraculaFishing or its Clients may lead to:

  • suspension or closure of the related accounts;
  • cancellation of Orders and withdrawal of related benefits or discounts;
  • reporting to competent authorities and seeking civil or criminal liability.

 

17. Final Provisions

 

If any provision of these Terms is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions, which will continue in full force and effect.

DraculaFishing may update these Terms from time to time. The updated version will be published on the Website and will apply to Orders placed after the date of publication.

Last updated on: 17.03.2025Marele Pescar Trade SRL / draculafishing.com