Terms and conditions 

1. GENERALITIES

www.linella.md is the official website of the Linella chain store, represented under legal name MOLDRETAIL GROUP SRL, incorporated under the laws of Moldova (IDNO 1010600022460), with registered office at bl. 121, sos. Muncesti, Chisinau, MD-2002, Moldova, hereinafter referred to as Linella.

This website has been developed in order to provide free information to all those interested in the Linella brand and products and to offer the possibility of placing orders online. The website is operated and managed by MOLDRETAIL GROUP SRL.

For the campaigns promoted by Linella, interested persons are required to consult the relevant rules in the Campaigns and Promotions section.

Access to this website and its use are allowed only in accordance with the terms and conditions given below and the applicable legal provisions.

If you do not agree with the terms of use of the website, which also involves the processing of personal data by Linella, please do not use this site.

The acceptance of the terms and conditions is made at the moment of creating a User Account, once the “I have read and accept the Terms and Conditions” option has been selected. Selecting it and the Validate icon indicates that you agree to comply with the Linella terms and conditions that you have read, understood and fully accepted.

2.  DEFINITIONS

CAMPAIGN means an action of exhibiting for commercial purposes a finite number of products within a limited stock for a limited period of time, established by Linella.

ZI DE ZI LOYALTY CARD means the magnetic or electronic medium issued by Linella, which gives its holder the right to access the Linella Loyalty Program.

CUSTOMER means any individual who has reached the age of 18 or a legal entity that accesses the Linella Website by creating and using an Account and that has agreed to these General Terms and Conditions.

ORDER means the buyer’s intention to purchase Products from the Website submitted to the Seller through the Website.

CONTRACT means these Terms and Conditions and establishes the general terms of online sale of products by Linella, and the rights and obligations of the Seller and the Customer/Buyer and it produces the effects of a distance contract made between the Seller and the Buyer, starting with the time of sending the Order acceptance confirmation by Linella.

SHOPPING CART means the online form of the cart that includes all the Products selected by the Customer/Buyer from the Website for purchase.

BUYER means a Customer that places an Order.

PURCHASE HISTORY means the totality of data stored in connection with previous purchases according to fiscal sales receipts (e.g., value of purchases, products, identification of stores/ online, date, time, etc.)

NEWSLETTER means an electronic publication issued by the Seller periodically to provide details regarding the Products and/or the promotions carried out in a certain period.

PRODUCT PAGE means the page dedicated to the Product sold on the Website, which provides detailed information about it. The information is accompanied by the image of the Product and can specify the name and type of the product, its price in Lei, nutritional content and ingredients, etc.

PROFILING means automatic processing of personal data related in general to the analysis of the purchase history in order to provide personalized offers, with or without associating the Account with a ZI DE ZI CARD, based on the consent of the data subject, under the terms described in the PERSONAL DATA PROTECTION AND PROCESSING POLICY.

PRODUCT means any item displayed on the website which at the time of placing the order is available and will be delivered to the Buyer based on the Buyer’s order. The Products are grouped by categories on the Website and can be displayed in detail up to the level of the Product Page, which shows the individual characteristics of the selected Product. The availability and restrictions applicable to the Products ordered from the Website are specified individually for each Product separately, in accordance with the applicable Product policy.

LOYALTY PROGRAM means the loyalty mechanism initiated by Linella, based on the ZI DE ZI loyalty card described herein.

WEBSITE means domain www.linella.md, its subdomains and mobile applications.

DELIVERY FEE means the amount that the Customer owes to the Seller as a result of the home delivery of the Products ordered through the Website. The delivery fee is included in the final price of the Order.

TRANSACTION means the collection or reimbursement of an amount resulting from the sale of a Product by Linella by using services of the payment processor agreed by the Seller, regardless of the delivery method.

LinellaConn - MOLDRETAIL GROUP SRL, incorporated under the laws of Moldova (IDNO 1010600022460), with registered office at bl. 121, sos. Muncesti, Chisinau, MD-2002, Moldova.

3. CONTENT

The Website specializes in the online sale, mainly of food and non-food products.

Users of this Website are expressly prohibited from using both the Website and the services provided through it for the purpose of uploading, downloading, publishing or transmitting any information whose content is illegal or contrary to morals and public order (e.g., it is defamatory, offensive, threatening, abusive, vulgar, obscene, it affects the right to privacy of other people, encourages violence or racial hatred, ethnicity or has an intimidating character).

This document establishes the terms and conditions applicable to all purchases made through the Website www.linella.md, with its subdomains and mobile applications.

Linella reserves the right to modify the content, structure and way of accessing the Website according to the changes that take place in relation to the products and offers posted on the Website and its own internal procedures. Continuing to use the Website by ordering and purchasing products shall be deemed to be Customer’s acceptance. In case of amendments to these Terms and Conditions, Linella shall inform the Customer/Buyer to that effect, the Customer/Buyer may continue to use the Account provided that the Customer/Buyer accepts the new Terms and Conditions.
 

4.  CUSTOMER REGISTRATION ON WWW.LINELLA.MD

Any customer, an individual aged 18 and older or a legal entity can register by creating an account, filling in the existing fields on www.linella.md.

Also, creating an Order on the Website does not require, in advance, the creation of an Account.

To place an order, the individual aged 18 and older or the legal entity shall register on the Website by creating an Account, specifying the e-mail address, name, surname and defining a Password.

It is not possible to register an account with just a phone number, it is necessary to fill in all the required fields, receiving a registration confirmation on the e-mail address specified.

If the Customer has forgotten the password, he/she should access the “I forgot the password” section. Following this step, the Customer receives a verification code on the email address with which the account was created, thus confirming the identity. The next step required to complete the process is to change the Account password.

An Order can be created without a prior registration on the Website. In order to be able to collect the Order, the Customer has to fill in all the required fields, providing correct data, telephone number and a valid e-mail address.

When registering an Order on the Website, the Buyer implicitly agrees to the way in which Linella sends the details related to the order (notifications) to the Buyer i.e. by e-mail, SMS or phone call. The contract shall be deemed to be executed when the Buyer receives from Linella an e-mail notification of the Order being sent.

An online order can be made only by the persons that select an address in Chisinau municipality, Moldova, for the delivery of the order and register on www.linella.md according to the terms below. The registration on the Website and the placement of an Order implies the implicit agreement of the Buyer to the Terms and Conditions and the way in which Linella communicates the details related to the Orders.

To place an Order, the individual aged 18 and older or the legal entity shall register on the Website by creating an Account, specifying the e-mail address, name, surname, date of birth, telephone number and defining a Password.

The Customer is solely responsible for the consequences arising from the use of the Website, and for any financial, intellectual, electronic or any other damage, in accordance with applicable law. Linella reserves the right to restrict/suspend the possibility of the Customer/Buyer to place orders on the Website, if it considers that the Customer’s actions on the Website could cause any harm. In such a situation, the Customer/Buyer may contact Linella’s Customer Relations Department.

By accepting these Terms and Conditions, the Customer/Buyer undertakes to comply with the provisions of Law on the Production and Turnover of Ethyl Alcohol and Alcoholic Products No. 1100 of 30-06-2000 and Law on Tobacco Control No. 278 of 14-12-2007 with regard to the prohibition to sell alcoholic beverages to minors. Linella cannot be held liable in any situation in which the Customer uses false/incorrect information regarding age to register/log in on the Website.

Linella may post on the Website the information about Products and/or promotions valid for a certain period of time and within the available stock. Linella reserves the right to refuse any Order for legitimate reasons.

All the information used to describe the Products available on the Website (static/dynamic images/multimedia presentations/etc.) is for illustration purposes only, it does not constitute a contractual obligation of the Seller, but only a way of illustration for information purposes. The products delivered may differ from the Products and descriptions contained on the Website.

It must be noted that the offers/promotions and recommendations posted on the Website may not be valid in the Linella stores. Moreover, the products, offers or promotions contained in the Linella catalogs or magazines are not always valid online.

5.  ONLINE ORDER

To place an online order on the Website, the Customer/Buyer must take the following steps:

The prices displayed on the Website are informative and can be changed unilaterally by Linella. No price change by Linella affects a confirmed order. Prices do not include delivery costs.

By completing the Order, the Customer agrees that all the provided data, which are required for the purchase process, are correct and complete, including the delivery address and the Customer confirms that he/she is 18 years old and older.

Each Order placed on the Website is assigned a unique order number that can be used to track and identify the Order.

The Order once placed cannot be changed or canceled 4 hours before its delivery:

Placing an Order implies the acceptance by the Customer of the prices and description of the Products offered for sale. Customers are encouraged to read each Product Page to get aware of its characteristics, and to check the labeling of Products when picking up the Order and before any consumption or use for obtaining complete information, and, if necessary, to exercise their right of withdrawal.

Linella may cancel the Order placed by the Buyer, notifying the Buyer in this regard, without any subsequent liability of any party to the other or without any party being able to claim damages from the other party in the following cases:

1.  non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment;

2.  invalidation of the transaction by the card processor approved by Linella in case of online payment;

3.  the data provided by the Customer /Buyer on the Website are incomplete and/or incorrect;

4.  lack of products in stock due to causes including, but not limited to packaging damage, quality deficiencies, labeling deficiencies, etc.

The Buyer also has the right to cancel the Order through the Linella application or the Website.

If a Product ordered by the Buyer cannot be delivered by the Seller, the latter shall inform the Customer/Buyer of this fact and shall reimburse the value of the Product to the Buyer’s account within 15 days from the date of notification. The Order, which is not received within 24 hours (Chisinau) since the Date and time interval selected at the time of placing the Order, shall be canceled by the Seller. In this case, the amount paid online shall be reimbursed to the Customer’s account within 15 days from the date of cancellation of the Order by the Seller.

Linella takes all necessary steps to place to the Buyer’s account the value of the Products/Orders that cannot be delivered or are canceled by either of the parties for various reasons, and the relevant amounts shall be reimbursed to the Buyer upon transaction processing by the payment processor and banking institutions participating in the transaction.

During the winter and Easter holidays, and during other Linella campaigns, the delivery of orders can take between 1-5 working days, but not more than 5 days from the selected delivery date.

1. The Customer must log in and in case he/she does not already have a Customer Account on the Website, he/she must create an Account.

2.  Once added to the shopping cart, the Product is available for purchase to the extent that it is available in stock. Adding a Product to the shopping cart without completing the Order does not entail either implicit registration of the Order or automatic reservation of the Product.

3.  Selecting the payment method: online with the card, cash, specifying if the Customer wants a tax invoice for his/her order.

4.  On the Order Confirmation page, the Customer can check the order details: order value, delivery method, time and date, and payment method. Upon sending the order or after the bank details have been verified by the Payment Processor, the Customer receives an e-mail confirming the placement of the Order on the e-mail address associated with his/her Account.

5. Please note that the order confirmation message does not imply acceptance of the Order by Linella, but only confirms that Linella has received the Order placed by the Customer. The Order acceptance will be confirmed later by Linella by sending an e-mail message regarding the Order processing. After processing, the Customer receives an e-mail message containing the final value of the purchase and the time of its dispatch. The contract refers only to the products listed in the Dispatch Confirmation.

6. The dispatch of the Order depends on the availability of products in the Linella stocks. In the event of supply difficulties or if the products are no longer in stock, Linella may inform the Customer about the replacement of products with the products of equal quality and value available in stock. If the Customer does not want the product replacement while having already made the payment for the products ordered, any amount of money paid under the Order shall be repaid in full.
 

6. PAYMENT METHODS AND PRICES

The price and the payment method are specified in each Order. The selling price of the Products is the one effective at the time of placing the Order, it is expressed in LEI (MDL) and includes VAT. Linella operates in LEI and does not charge any additional fees or surcharges for transactions associated with orders. However, given that the transactions are international in nature, due to the fact that the payment processor and the accepting bank are in another state, it is possible that certain costs may arise for the Buyer, as a result of foreign exchange or bank fees for international transactions according to the Terms and Conditions agreed between the issuing bank and the customer. For this reason, in case of card payment, if the amounts debited from the Buyer’s card in connection with a transaction or refunded to the card differ from the price displayed when completing the Order or from the confirmed amount to be refunded, please Contact the issuing bank of the card, to receive more information on bank fees and foreign exchange fees.

At the Buyer’ request, Linella can issue and send to the Buyer a tax invoice related to the Order, subject to the provision by the Customer of the data required by law for the tax invoice preparation. The tax invoice in physical form is delivered to the Buyer together with the order. The invoicing of the products purchased is done exclusively in LEI.

A fiscal receipt is issued for each order and it accompanies the products delivered.

The Buyer may use the following payment methods for orders placed on the Website:

In case of online payments, Linella is not/may not be held liable for any other additional costs incurred by the Customer, including but not limited to currency conversion fees applied by the issuing bank of the Customer’s card, if the card currency differs from LEI. The responsibility for this action is borne by the Customer only.

Examples of situations in which the value of the Order may decrease:

1. online payment with the Bank Card

2. cash payment upon delivery

3. payment by card upon delivery

4. lack of products in stock (packaging damage, quality deficiencies, labeling deficiencies, etc.)

5. lower values after weighing the products in relation to the price per kg.
 

7.  DELIVERY OF PRODUCTS

The products ordered by the Customer are delivered by courier to the address indicated by the Buyer.

All information regarding the value of the order, the delivery fee and information on possible discounts are available on the Website, in the “My Cart” section when placing an Order.

The ordered products are delivered to the address indicated by the Customer in the process of placing the Order.

The Customer must verify the correctness of the information provided regarding the delivery address prior to validation of the Order. In case of errors in entering the delivery details (street, house number, building, number, floor, contact person, telephone number) Linella shall not be held liable for the impossibility to deliver the Order.

At the courier’s request, the Customer shall prove his/her identity and communicate the order number.

If the Customer is not able to receive the Order, the Order will be left at the specified address only to a person aged 18 years and older and only in the case of communication of the order number to the courier.

An Order cannot be delivered if a Customer does not meet the above conditions.

The Buyer selects the desired delivery interval from the options displayed on the Website at the time of placing the Order.

The Customer has to make sure that he/she can receive the Order placed on the Website and facilitate the Courier’s access to the location specified in the Order. If the courier has no access to the communicated address, the delivery fails.

The delivery is considered to be fulfilled by Linella upon delivery of the ordered products to the Customer at the address selected by the Customer at the moment of Order validation.

In the event of exceeding the time interval set for Picking up /Delivery, either Linella or the courier informs the Customer by SMS or telephone and agrees upon the extension of the delivery term with the Customer.

Upon expiration of the extension period with the failed Picking Up/Receipt of the Products, Linella reserves the right to cancel the Order. In this case the amounts paid online by the Bank Card are refunded to the Customer within 15 days from the date of cancellation by Linella and in case of cancellation of the Order by the Customer following the Linella’s failure to comply with the delivery obligation according to the above, the refund term shall be 15 days maximum.

8. DELIVERY FEE

The delivery fee is displayed both at the time of placing the Order and after its completion.

Linella may offer free delivery of Orders that exceed a certain value or that contain certain products, regardless of the total value of the Order, according to the information posted on www.linella.md.

The delivery fee is charged as follows:

1.  1 MDL – 999 MDL - the delivery of products is 40 lei.

2.   > 1000 MDL - the delivery of products is free.
 

9.  WARRANTIES AND RETURN OF PRODUCTS

9.1 Warranties

Depending on the purchased product, Linella provides a guarantee according to the provisions of Consumer Protection Law No. 105 of 13-03-2003*.

Upon receipt of the Order, the Customer is encouraged to make sure that the products delivered meet the Customer’s expectations in terms of quality and quantity.

In accordance with Consumer Protection Law No. 105 of 13-03-2003, in case of lack of conformity, any Customer may request, first of all, the repair of the Product or the replacement of the Product, in each case free of charge, except in the situation where such measure is impossible or disproportionate. The Product replacement is possible within the available stock. If the Customer returns a Product because it has manufacturing defects and the Seller does not have a suitable product for replacement, the Seller shall return to the Customer the value of the Product.

The Customer may return the Products purchased from the Website in accordance with Consumer Protection Law No. 105 of 13-03-2003* or in the following situations:

If bringing to compliance or replacement of non-compliant Products is not possible, Linella shall reimburse the value of those Products.

Any notifications or complaints regarding an Order can be sent as described below:

9.2. Return of Orders

Customers may return an order in the following cases and ways:

1. The package is severely damaged, except for foodstuffs;

2. The products were delivered/invoiced incorrectly;

3. The products have manufacturing defects;

4. The products do not comply with the content specified at the time of the Order;

5. The products have quality defects.

To return an order, customers have the following possibilities:

1. By filling in the online form when accessing www.linella.md

2. By telephone, at the number +373 03 000 1515, followed by confirmation of the withdrawal request by email;

3. By email to relatiiclient@linella.md

4. The return can be made by courier at the time of delivery, on the spot after the Customer fills in a return report. Subsequently, the Customer may come to any Linella store within 14 days. He/she must present the fiscal sales receipt, the product to be returned, and must fill in the Return Report.

10.  FRAUD

Linella does not request from its Customers to provide confidential information such as account/bank card details or personal passwords by any means of communication (email/phone/ SMS/etc.).

The Customer assumes full responsibility for disclosing confidential information to a third party.

Linella disclaims any responsibility in the event that a Customer would be/is prejudiced in any way by a third party who claims to be/to represent Linella. The Customer shall inform Linella of such attempts, using the contact details provided by Linella.

Linella does not promote SPAM. Any Customer, who has explicitly provided his/her email address in the Web Store, may opt to deactivate the Customer Account related to this email address, or to unsubscribe from receiving newsletters/other commercial/promotional messages.

Communications made by Linella by electronic means of distance communication (i.e., email) contain the complete and consistent identity details of the sender or links to them, at the date of transmission of the content.
 

11.  FORCE MAJEURE

Neither party shall be held liable for failure to perform or improper performance of its contractual obligations, if such failure to perform in a timely and/or proper manner, in whole or in part, is caused by a force majeure event. Force majeure means an unforeseen event, which is beyond the parties’ control and cannot be avoided.

If within 15 (fifteen) days upon its occurrence, the respective event does not cease, either party may notify the other party of the complete termination of the Contract without either of them having the right to claim damages from the other.
 

12.  LIMITATION OF LIABILITY

Linella shall not be held liable in any way to any Customer who uses the Website or its content, other than within the limits of the provisions set forth herein.

Linella does not guarantee the Customer’s access to the Service offered through the Website in the absence of registration by taking the registration steps specified herein and does not give the Customer the right to download or partially modify and/or to reproduce in whole or in part the Content, to copy or to exploit any Content in any other manner or to transmit to any third party any Content to which the Customer has and/or has gained access under a usage agreement, without Linella’s prior written consent.

The website www.linella.md, owned by MOLDRETAIL GROUP SRL, may contain related links (called hyperlinks or links), which allow automatic connection to various Internet websites. These related websites are owned and managed by third parties. Linella is not responsible for the content, quality or nature of other websites that are accessed through links in the Content, regardless of the nature of these links. With regard to those websites, the responsibility lies entirely with their owners.

Pursuant to the provisions hereof, operators, administrators and/or owners of the website are in no way responsible for their relations or consequences resulting from, but not limited to, purchases, special offers, promotions, or any other type of relationship/connection/transaction/ collaboration/etc. which may arise between the Customer and any of those who promote themselves directly or indirectly through the Web Stores.

The information provided in the Product pages or in the “Promotions” sections does not create obligations for Linella in the sense that Linella does not assume responsibility for any text errors. The offer of the products presented in these sections is valid within the available stock.
 

13.  LIABILITY

1.   MOLDRETAIL GROUP SRL shall not be held liable for damages of any kind that the Buyer or any third party may suffer as a result of Linella’s fulfillment of any of its obligations under the Order and for damages resulting from the use of the Products after delivery and especially for their loss.

2.   By creating and using an Account, the Customer/User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account and, to the extent permitted by applicable law, the Customer shall be responsible for the activity carried out through his/her Account.

3.   By creating and/or placing Orders, the Customer/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Website in the latest updated version posted on the Website, existing at the date of creation of the Account and/or the use of the content and/or the date of placing the Order.
 

14.  APPLICABLE LAW – JURISDICTION

These Rules shall be governed by applicable laws of Moldova. Any disputes arising between MOLDRETAIL GROUP SRL and Customers/Buyers shall be settled through negotiations or, if this is not possible, the disputes shall be resolved by the competent courts.

If any of the above clauses is found to be void or invalid, regardless of the cause, this clause shall not affect the validity of other clauses.
 

15.  ADVERTISING

Linella newsletters are sent via e-mail through specialized partners approved by Linella.

When the Customer creates an Account on the Website, he/she has the option to express his/her consent to the receipt of promotional messages. The option of consent selected by the Customer can be modified at any time, using the specially designed link in any Newsletter or by unchecking the existing option in the Customer’s Account. Please see the Linella Privacy Policy in this regard.

Waiver of receipt of Newsletters shall not imply waiver of acceptance of these Terms and Conditions.

In addition, Linella sends to the Customer confirmation messages by e-mail or SMS in the following situations:

1. Account creation (e-mail);

2. Change of the Account password (e-mail);

3. Order confirmation message, after making an Order (SMS);

4. Information about the Order preparation stage (e-mail)

5. Cancellation of the Order by the Customer (e-mail);

6. Picking up/receipt of the Order (e-mail);

7. Confirmation of the Customer’s unsubscription following his/her express request (e-mail);

8. Distribution of a shopping list (e-mail);

9. Distribution of a recipe (e-mail);

10. Distribution of a product from the Website (e-mail);

11. Modification of an already placed Order (e-mail);

12. Changing of the password when registering the card (e-mail);

13. Confirmation of the ZI DE ZI card connection (e-mail).
 

16.  INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The content of the Website including, but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content, shall be deemed to be the exclusive property of MOLDRETAIL GROUP SRL that reserves all rights obtained in this sense directly or indirectly (through licenses for use and/or publication). These elements are protected by Romanian law and by international texts regarding the observance of copyrights, trademarks, designs, patents, etc.

Any reproduction or representation, even partial, by any means, made without prior express written consent of Linella or its partners in the event they are rights holders, is prohibited and illegal. Failure to comply with this prohibition shall be deemed to be counterfeiting or an act of unfair competition that entails civil and criminal liability of its author.

Implementation of hyperlinks to any page of this Website requires prior express written consent of MOLDRETAIL GROUP SRL. The use of any information on the Website for purposes other than advisory, especially for public, commercial or humorous purposes, may be subject to criminal prosecution both in the REPUBLIC OF MOLDOVA and abroad.
 

17.  BENEFITS PROGRAM

The loyalty program aims to reward the loyalty of Linella customers by offering benefits and personalized offers available only to those who have a loyalty card (ZI DE ZI CARD). Participants in this program shall comply with the conditions of registration and participation in accordance with these Terms and Conditions. Customers aged 18 years and older on the date of registration, who have their domicile or residence in the Republic of Moldova and accept these Terms and Conditions, may enroll in the program. By accepting and enrolling in the program, participants declare on their own responsibility that they are over 18 years old. The employees of MOLDRETAIL GROUP SRL can enroll in the program according to the provisions below if they hold a loyalty card under the Internal Regulations.

The program is applicable both on the website www.linella.md and in Linella stores throughout Moldova and can be changed unilaterally by Linella at any time.

The rules of the Loyalty Program can be accessed at https://www.linella.md/ro/card_de_beneficii_zi_de_zi

18.  SUPPORT SERVICE

SRL MOLDRETAIL GROUP offers its customers the Support Service at the phone number +373 03 000 1515 as well as at the e-mail address relatiiclienti@linella.md

Working schedule of the Support Service:

Monday - Friday - working hours from 09:00 to 17:30

Saturday - working hours from 09:00 to 12:00

Sunday - day off.
 

19.  FINAL PROVISIONS

Linella processes your personal data in accordance with the PERSONAL DATA PROTECTION AND PROCESSING POLICY.

If you have any questions or suggestions to Linella, please contact us at the phone number +373 022 89 09 30, or by e-mail at: relatiiclienti@linella.md, or by sending a written request to the head office at sos. Muncesti 121, Chisinau.

Any comments, questions, feedback, ideas, suggestions or other communications or information about or relating to the functionality or improvement of the Website shall remain the property of Linella.