Terms & Conditions

Creative Media Development SRL, a Romanian company having its registered address at 4C Gara Herastrau Street, Building B, 11th floor, room 17, Bucharest, District 2, Romania, registered with the Trade Registry under no. J40/7596/2014, having sole fiscal identification no. RO29128734 ( “Twispay” “we” “us” “our”), has installed a demo system in the form of an online shop https://shop.twispay.com (“site” or “website”) that allows you to test and play around by using a voucher or a valid credit or debit card in order to buy different marketing products with our Twispay brand on it. 

 

This page tells you information about us and the legal terms and conditions (the “Terms”) on which Twispay sells any of the marketing products listed on our website. These Terms will apply for the online sale of marketing products to you on our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from our website. 

 

Also please note that, the use of this website is governed by the Terms. Accessing shop.twispay.com, the materials and information presented on the site, you confirm that you have read, understood, accepted and agreed upon this Terms.  

 

These Terms are in the English language. We may revise such Terms at any time and you should periodically check the website to review the then current Terms because they are binding on you. 

 

  1. Copyright and intellectual property rights

shop.twispay.com site content is protected by copyright law. All rights to the information provided on or via this site are reserved shop.twispay.com. This includes, but is not limited to: data, texts, technical sources of web pages, news, graphics, drawings, photos, illustrations, pictures, logos, services, APIs and any other mentions. The content of this site cannot be reproduced, copied, translated or modified in any way, partially or totally without our prior written permission. 

We may grant a limited, revocable and non-exclusive license to create a hyperlink to the home page of the site as long as this link does not describe in a false, wrong or offensive manner twispay.com or its partners and affiliates. The license granted for the hyperlink does not allow you to use the Twispay brand without a prior written consent from us. 

All intellectual property rights (which include copyright and rights to source code and databases) related to brand, trademarks, logos and all materials on the website are our property or used by us under a licence or with permission, and/or of our third party partners. 

Nothing contained on the site should be construed as granting by implication or otherwise, any licence or right to use any trademark displayed on the site without the written permission from us or such third party that may own the trademark.  

 

  1. Using the site. Disclaimer

Information and materials presented on this site will not be considered as product offerings and services from twispay.com., its main purpose being to provide a general source of information about how the Twispay Services work and how your customers experience when paying by credit or debit cards would look like. 

 

Twispay payment services are offered on twispay.com site to online merchants, in order for the merchants to accept payments through different payment instruments (like credit or debit cards or other alternative payment methods) on their websites and to make able their customers to pay for products or services by using such payment instruments (“TwispayServices”). 

 

This site can be used by our merchants or partners and by any other merchants or any other businesses who want to benefit of Twispay Services or wish to inform about them.  

 

Using this site is entirely the responsibility of the users, shop.twispay.com not being liable for heavy usage, inability to use the site or for direct or indirect damages of any nature arising or related to use of the site or its content. We do not assume any responsibility and will not be liable for damages or viruses that could infect your computer or other property as a result of using this site or downloading of files, text, images or any type of material from the site. 

 

We reserve the right to change the structure, content, location and any other details published on the site, at any time and without informing in advance. While the website is normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time. Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 

 

  1. Privacy

We are committed to respecting your privacy and the personal information of you and to ensure that all information required will be stored safely and treated with confidentiality. We collect or receive personal data from you via our website. Sometimes you give this to us directly (e.g. when you purchase from our website, when you create an account, when you contact us), sometimes we collect it (e.g. using cookies to understand how you use our website) or sometimes we might receive personal data from other third parties. 

 

As mentioned before, this site is designated to businesses. However, in case a natural person or an employee or representative of a business entity uses the site and places an order, we collect personal data which may include: name, e-mail address, telephone number, address and order details. Please read our privacy policies from twispay.com and/or secure.twispay.com websites in order to see how payer’s financial data, like card number, name on the card, expiration date (collected through our payment page secure.twispay.com) is being securely processed. 

 

We may use personal data we collect about you to: (i) process your order including delivering the products to the address you indicated and manage your orders, your payment or any dispute related to a purchase; (ii) send marketing communications; (iii) monitor and improve our websites; (iv) respond to your questions/enquiries and otherwise interact with you; and/or (v) manage any promotional campaigns, contests or surveys you enter; (vi) contact you to finalize your order where you have saved your shopping cart or placed products in your cart without completing the checkout process.  

 

Where your personal data are collected by cookies or similar technologies when you browse the website or on third-party websites where we have cookies, we may collect data related to your use of our websites, such as login details, pages you looked at, products you selected to create your basket, IP address, device information.  

 

We may use cookies, together with other personal data you have already shared with us for the following purposes: (i) to deliver targeted advertising, that is to: show you online advertisements for products and or services which may be of interest to you; and/or ads and content on social media platforms or other websites; (ii) to tailor our services for you, that is to show you recommendations, marketing, or content based on your profile and interests; and/or display our websites in a tailored way, for example, show you products and/or services we think you might like; (iii) to allow our website to function properly, that is to: ensure the proper display of content; create and remember your shopping cart; create and remember your account login details, when applicable; interface personalisation, such as language, or any user-interface customisation; and/or improve our website, for example, by testing new ideas or layouts; (iv) to ensure our website is secure and safe, and to protect you against fraud or misuse of our website or services, for example through performing troubleshooting; or (v) to run statistics, that is to: avoid visitors being recorded twice; know users’ reaction to our advertising campaigns; improve our offers; and/or understand how you discovered our website; to allow sharing of our content on social media.  

 

You can opt out of targeted advertising by using the function available on our website – where applicable, or in your browser settings. For opting out of targeted advertising on social media platforms, please visit the relevant social media platform to explore the options they may provide. 

 

For more information relating to the processing of personal data please visit our privacy and cookie polices on our twispay.com website. 

 

  1. Links to other sites

The site may contain links to other third party sites which are considered to have a useful related content but are not under our control or guidance. When using these links, the Terms and Conditions that apply are the ones corresponding to those sites. We are not responsible for the content and accuracy of these sites and assumes no responsibility regarding the privacy protection system used by them. 

We can not guarantee or control the truthfulness or up-to-date of the information presented on the sites of third parties which make reference to the site. 

 

  1. Security

Unauthorized actions/attempts will be punished according to the regulations in force. These unauthorized actions/attempts include, but are not limited to, fraudulent use, misuse, unauthorized access, blocking access to other users, modifying, copying information for commercial purposes, IT attacks, etc. When applicable, if you have chosen a password which enables you to access our site, you are responsible for keeping this password confidential and complying with our instructions. You must not share credentials with anyone else, and you authorize us to act upon instructions and information from any person that enters your credentials. 

 

  1. Ordering products. 

As we have mentioned before, this is a demo site and it can be used by our online merchants or partners and by any others who want to benefit of Twispay Services or wish to inform about them.  

 

The marketing products presented on the site are not targeted to consumers. The products we are offering for sale on the website are intended for your personal use, but in relation to your professional activity. 

 

If you have a promotional coupon code that can be redeemed from us, please enter the code in the box in the checkout area. The promotion will be reflected in the subsequent pages.  

 

You should note that your order must not exceed a total of EUR 80. Moreover, you may only order a maximum of six (6) products with the same reference during a single sale and over a period of one (1) month. If the order exceeds the aforementioned amount and/or number, the order shall be deemed invalid. 

 

The products we offer are those listed on the website, on the date you consult the website, within the limit of available stock and subject to these Terms. Products are offered subject to availability and we may not be held liable if products are out of stock or unavailable. The images of our marketing products on our website are for illustrative purposes only. 

 

If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our website, we will not process your order. If you have already paid for the product, we will refund you the full amount of the product as soon as possible. If none of the items ordered are available we will also refund any delivery costs charged as soon as possible. 

 

  1. Prices and payment

The prices of the products are given in Romanian currency LEU. The price of a product includes VAT at the applicable rate chargeable in Romanian on the date of the order. The price invoiced to you is the price stated on the order confirmation sent via e-mail by us. The prices given will not include the delivery costs, which will be invoiced in addition and separately specified to you before the order is confirmed and when the order is definitively validated. 

 

You accept our right to modify the prices at any time, however the products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such products. The tariff in force is that stated on the website, unless there is a typographical error. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect price. 

 

You must read these Terms which can be accessed on the website and tick the “I accept the terms and conditions of sale” box when provided. After the input of credit/debit card information on our page secure.twispay.com, the order can then be validated by you. Orders are validated and you will be bound by the order once you have clicked the button “Pay now” to acknowledge that the placing of the order implies an obligation from you to pay. 

All payments must be made immediately over the Internet. Unless the server is unavailable, you may pay with a credit or debit card (or with other alternative payment methods as may be indicated by us from time to time). Visa, MasterCard and Maestro cards are accepted.  

 

Twispay reserves the right to refuse all orders or deliveries if the limits stated in clause 6 above are exceeded and/or if credit/debit card payment authorisation is refused by the banking organizations. 

 

  1. Delivery 

The products ordered shall be exclusively delivered in Romania. Only orders with an invoicing and delivery address located in Romania will be processed. Orders are prepared by us, then dispatched by the courier nominated by us. The estimated delivery date will be included in the dispatch confirmation sent to you. The estimated delivery time for Romania is 10 working days and are from the date on which you place your order. Please note that the delivery time-frames are an estimate only. 

 

  1. 9. Businesses cancelation and returns

You shall inspect the products immediately upon receipt and shall notify the us within 24 hours of delivery if the products are transit damaged. Products that are defective, must be reported to us within two (2) days of delivery by e-mail at: marketing@twispay.com. Where a claim of defect or damage is made then we will collect the faulty products and you shall be entitled to replacement or a full refund. Products to be returned (at the address specified at clause 10 below) must be fully re-packaged and sealed in the original packaging format clearly showing the order number obtained from us. Our marketing products acquired with any vouchers offered by us, are not in any case subject to returns. 

 

No liability of any nature shall be accepted by Twispay as a seller to you, as a buyer in respect of any express term of this Terms where such term relates in any way to: the correspondence of the products with any description; the quality of the products; or the fitness of the products for any purpose whatsoever. All implied terms, conditions or warranties as to the correspondence of the products to any description or the satisfactory quality of the products or the fitness of the products for any purpose whatsoever are hereby excluded. 

 

  1. 10.Consumers cancelationand returns 

This clause shall apply to consumers. The website and its demonstrative purpose is normally addressed to businesses. However, in case you are a consumer, you have a legal right to make a cancelation within 14 days after the day on which you receive the product. Your legal right to cancel starts from the date of the dispatch confirmation (the date on which we email you to confirm our acceptance of your order). We accept returns or exchanges of unused (and unwashed) products originally acquired on our website. Our marketing products acquired with any vouchers offered by us, are not subject to refund. 

 

You just need to let us know that you have decided to cancel the order. The easiest way to do this is to send an e-mail to us at marketing@twispay.com and we will email you to confirm we have received your cancellation.  

 

When emailing us please include details of your order to help us to identify it, including the order reference number. If you send us your cancellation notice by email, then your cancellation notice is effective from the date you send us the email. 

 

In case you make a cancelation we will refund you the price you paid for the products as soon as possible. We may withhold reimbursement until we have received the products back. We will refund you using the same means of payment you used for the initial transaction, unless expressly agreed otherwise. In any event, you will not incur any transaction fees as a result of the reimbursement. We do not accept returns with delivery charges due. Unless the product is faulty, you will be responsible for the cost of returning the products to us.  

You must send back the products bought to the below address:  

 

Attn: Creative Media Development SRL – Marketing Department 

4C Gara Herastrau Street, Building B,  

11th floor, room 17, Bucharest,  

District 2, Romania. 

 

  1. Force Majeure

Twispay shall not be liable for any delay or failure to perform any of its obligations under these Terms if the delay or failure results from events or circumstances outside its reasonable control, including without limitation: civil commotion, riot, insurrection, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake or other natural disaster, or failure of public or private telecommunications networks, severe disturbance in the security of the internet, technical failures, unauthorized access and/or intrusions into the website’s servers, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Twispay shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Twispay considers unreasonable, it may, without liability on its part, terminate the contractual relationship. 

 

  1. Otherimportantterms 

These Terms and any dispatch confirmation sent to you together form a contractual whole and constitute the entirety of the contractual relations between us. 

 

If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of the competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated. 

 

We may transfer our rights and obligations under these Terms to another entity, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or you obligations under these Terms to another person if we agree in writing. 

 

These Terms and our contractual relationship shall be governed by and construed in accordance with Romanian law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Romanian courts.