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1. DEFINITIONS OF TERMS IN THE DOCUMENT

SenDesign –  SC. SenDesign Development SRL organized based on Romanian law, registered at the Trade Register Office under number J40/15627/2020, TAX ID 43339753.

Website – sendesign.ro domain and its subdomains.

Content has the following definition:

• all information on the website that can be visited, viewed or otherwise accessed through the website;
• the content of any e-mail sent to its users or customers by SenDesign by electronic means and / or any other available means of communication;
• any information communicated by any means by an authorized employee or collaborator of SenDesign to the user or customer, according to the contact information, specified or not by him;
• information related to the products, services, promotions, contests and / or tariffs practiced by SenDesign in a certain period.

Service – The e-commerce service conducted exclusively on the publicly available portions of the website, in the sense of giving the customer the opportunity to view and purchase products using means of distance communication.

Customer – The person who has or obtains access to the content and service through any means of communication or based on a separate user agreement between SenDesign and it.

Order – An electronic document that intervenes as a form of communication between SenDesign, as seller and customer, as buyer, through which the customer transmits to SenDesign, through the website, his intention to purchase specific goods on the website.

Document – This distance contract that regulates the relations between SenDesign and the client, as a consumer, called the Terms and Conditions. For the avoidance of doubt, this document does not apply to relations between companies (B2B), in which case the provisions of the Civil Code on relations between companies are applicable.

Distance contract – According to the definition contained in GEO 34/4 June 2014 on consumer rights in contracts concluded with companies, as well as for amending and supplementing some normative acts art. 2, point 7, as transposed by Directive 2011/83 / EU on consumer rights: any contract concluded between a professional and a consumer in an organized distance sales or service system, without the simultaneous physical presence of the bidding company and the consumer. the consumer, with the exclusive use of one or more means of distance communication, up to and including when the contract is concluded. For clarity, the distance contract concluded between SenDesign and the client, in its capacity as consumer, is this document.

Personal data – Any information concerning an identified or identifiable natural person (“data subject”); in principle, it represents personal data: name and surname of the person, domicile, email address, identification number, telephone number, customer identification codes / online identifier, location data, etc.[/vc_column_text][vc_column_text]

2. GENERAL PROVISIONS

1. This document sets out the terms and conditions of use of the website by the customer, if he does not have another valid user agreement, concluded between SenDesign and him.
2. The Privacy Policy is attached to this document. Any other conditions of delivery, product return / other aspects related to the distance contract published separately on the website are incorporated and are also an integral part of the document.
3. The customer undertakes to constantly monitor the terms and conditions that can be updated, modified and completed. In case of misunderstandings, the Terms and Conditions valid at the time of placing and confirming the order in writing by SenDesign apply.
4. The magazin.sendesign.ro website is the property of SenDesign Development SRL and can be accessed free of charge by anyone who has reached the age of 18 and who is interested in the products that SenDesign offers.
5. SenDesign assumes no responsibility for any display errors that appear on the website, as well as for graphics displayed on the website that prove to be erroneous or cannot be viewed.
6. SenDesign assumes no responsibility for the suspension or interruption of the operation of the website.
7. The customer is solely responsible for all activities arising from the use of the website and is liable for any material, intellectual or electronic damage or any other nature caused to the website or SenDesign content, in accordance with Romanian law.
8. The client can send any objections / proposals if he does not agree and / or does not accept this document in its entirety, by sending an e-mail to mail@sendesign.ro.
9. This website is addressed to individual customers who are at least 18 years old and to legal entities who do not have an account suspended or closed by SenDesign, regardless of the reason for the suspension or removal. By becoming a customer, the person declares that he meets the conditions mentioned above.

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3. THE CONTENT

1. The content, as defined in Article 1, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the website, is the exclusive property of SenDesign and, after In the case of its collaborators, all intellectual property rights obtained for this purpose are reserved directly or indirectly, regardless of their nature (copyright and related rights or industrial property rights).
2. Customer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any content in any context other than the original intended by SenDesign, include any content outside the website sendesign.ro and its subdomains, the removal of the signs that signify the copyright of SenDesign on the content and participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content, except with the express consent of SenDesign.
3. The name „SenDesign” / „sendesign.ro”, the logos and symbols associated with it, as well as their combinations with any word, graphic symbol or in any other form, used on the website, are registered trademarks and are the exclusive property of SenDesign. They may not be used in any way by third parties without the prior written consent of SenDesign.
4. Any use of the Content for purposes other than those expressly permitted by the document or the accompanying use agreement, if any, is prohibited.
5. SenDesign reserves the right to display products only as a presentation, without the obligation to correspond with the products sold. All images and texts on magazin.sendesign.ro are by way of example. In this sense, the products delivered to order may be different from those presented online (cover, packaging, color, appearance, accessories, format, etc.). SenDesign will also be able to change at any time the details available online regarding the products offered for sale. The images and descriptions of the products may contain errors or may be different from reality, SenDesign not being responsible for such situations, but will try to resolve them as soon as possible after reporting them.
6. The prices of the presented products will be displayed on the website. The prices on magazin.sendesign.ro include VAT, but do not include delivery costs or other expenses, unless otherwise specifically specified on the website. Delivery costs and / or other costs are mentioned when the order is completed and will be specified when the order is confirmed by SenDesign.

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4. LIMITATION OF THE WEBSITE ACCESS RIGHTS

1. SenDesign reserves the right to limit the access of any visitor to the website (for example, without the following enumeration being of a limiting nature, in the event that it finds a violation by visitors of the Terms and Conditions of use of the website, if technical or security problems occur, etc.).
2. SenDesign may also restrict the right of visitors to the website if the content of the completed contact form / other internal or public communication channels by them is illegal, defamatory, offensive, threatening, abusive, vulgar, obscene, affects the privacy of another person, urges racial, ethnic hatred or is otherwise offensive, intimidating.

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5. ONLINE SALES POLICY

1. Access to the service is allowed to any customer who visits the website or registers an order on the website magazin.sendesign.ro, with the help of the shopping cart. In order to be allowed access to the service, the client will have to accept the provisions of the document.
2. Placing an order is not conditional on creating a customer account.
3. Orders can also be placed by e-mail or telephone, and this document is applicable in these reports.

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6. PRODUCTS

1. SenDesign may publish on the website information about the products in its own portfolio and / or promotions, contests or campaigns practiced by it, in a certain period and within the available stock.
2. In the images of the products and / or services SenDesign reserves the right to use other products (accessories, etc.) that may not be included in the costs of those products and implicitly will not be delivered when purchasing the products. In this case, it is expressly stated in the description of the products what good is for sale and is marked, if possible, in the image. The customer will carefully analyze the product presentation and any disclaimer displayed by SenDesign to ensure correct and complete consumer information.
3. All tariffs related to the products or services presented on the website are expressed in lei (RON) or euro (EUR) and include VAT.
4. The invoicing of the purchased products is done exclusively in RON using the information provided by the customer in the intended form. SenDesign is not responsible for the correctness of the information provided by the customer for the invoice, the customer understanding and accepting that SenDesign relates exclusively to the information provided voluntarily.
5. In the case of online card payments, SenDesign is not / cannot be held liable for any additional costs incurred by the customer, including but not limited to currency conversion fees charged by the issuing bank of the card, if the currency of its issuance differs from RON. The customer is solely responsible for this action.
6. If SenDesign will not be able to honor some of the products, it will notify the customer through the approved channels, providing him with any available options.
7. SenDesign can change prices, offers, quantities at any time according to internal criteria (stocks of raw materials, stock availability, etc.) in compliance with orders / contracts already placed. SenDesign cannot be forced to keep a certain price except for placed orders.
8. The products distributed on magazin.sendesign.ro are listed in several databases. For this reason, in the event of errors or latencies in updating the database, some products that are listed as in stock may actually be out of stock. In this case, the customer will be contacted as soon as this has been reported.

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7. TERMINATION OF THE DISTANCE CONTRACT

1. The distance contract is considered concluded between the parties (SenDesign, as seller and Customer, as consumer) when the order placed by the customer is electronically confirmed by SenDesign, in accordance with legal requirements. Moreover, before validating the customer’s order and before shipping the products, SenDesign has the right to contact the customer, by any means available / agreed by SenDesign, to obtain personal confirmation by the customer of the order or its identification and delivery data. . The customer understands and accepts that SenDesign cannot be forced to validate / deliver products to persons who have not confirmed the delivery and identification data.
2. By completing the order, the customer agrees that all the data provided by him, necessary for the purchase process are correct, complete and true at the date of placing the order, referred to in this document and the order issued.
3. Orders placed on the same day to the same destination by the same person are combined in a single order for which a single invoice / tax receipt is issued. The accumulation will be based exclusively on the order data provided voluntarily by the customer. Discount coupons or vouchers apply only once to the cumulative order.
4. At any order placed, the customer is obliged to go through this document in full, not being able to take advantage of the ignorance of the contractual clauses applicable to the relationship between the parties in the event of disagreements arising after the conclusion of the distance contract.
5. SenDesign will issue and transmit to the customer all the necessary documents certifying the purchase of the products by the customer according to the legislation in force.
6. The contract is concluded for a fixed term. It shall be deemed to have ceased when the parties have fulfilled their mutual obligations within the time limits and under the conditions set out in this document.
7. If there are differences between the number of products and the content of the package, the customer has the obligation to notify SenDesign within a reasonable time that can not exceed 3 days from receipt of the package, by phone or by e-mail to mail@sendesign.ro with the related details (photo, explanations, etc.).

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8. CANCELLATION OF ORDER BY SENDESIGN

1. SenDesign reserves the right to cancel the order if it cannot be honored for various reasons (for example, but not limited to the lack of stock, the existence of defective books).
2. The order will be partially or totally canceled by SenDesign with the prior notification of the customer by phone or e-mail within a maximum of 48 working hours.

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9. MODIFICATION OR CANCELLATION OF THE ORDER BY THE CUSTOMER

1. The customer can request the modification or cancellation of an order already placed by phone or e-mail, preferably on the same day it was placed and only if SenDesign confirms that the package has not been shipped. The customer is asked to contact SenDesign in such a case until 4pm on the day the order was placed, understanding that after this time there is a risk that SenDesign has shipped the order.
2. The changes can only be made to the extent that the order has not been shipped until SenDesign notifies it of its requests (until the time when the package is delivered by e-mail).

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10. UNILATERAL TERMINATION BY THE CUSTOMER

1. Unilateral termination of the order may be made by the customer if SenDesign delays delivery beyond the legal deadline of 30 days calculated from the date of conclusion of the contract or, as the case may be, over the one communicated following the postponement for the first communicated delivery term. The term by which SenDesign can increase the delivery term by postponing the initial one cannot exceed 30 days.
2. The unilateral denunciation must be made in writing and sent by e-mail, before the moment of taking possession of the ordered products.
3. In this case, if the payment has already been made by the customer, the money will be returned to him, within a maximum of 14 days from the receipt of the products not accepted by the customer, in the bank account designated by the customer in the denunciation request.
4. If the customer cancels an order with payment made in advance in compliance with the requirements on the right of withdrawal, by confirmed bank transfer or online card payment solution and where the bank issuing the customer’s card has authorized the bank transaction, this amount will be refunded by SenDesign within a maximum of 14 days from the date on which it found internally the conformity of the returned product. In order to avoid any doubt, SenDesign will return the amounts paid by the customer only after receipt and analysis in order to verify the conformity of the product.

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11. UNILATERAL DENUNCIATION BY SENDESIGN

SenDesign will be able to unilaterally terminate and automatically cancel the order placed by the customer, even without prior notice to the customer, in the following cases:

1. Payment is not made by the customer. In this case the order will be considered canceled and will not be honored. SenDesign will have the right to request payment of compensation and / or may refuse to honor other customer requests for orders.
2. The customer placed more than two orders, which were later canceled by him.
3. Some orders require the customer’s consent for delivery conditions, payment, etc. Holders of these orders will be contacted by SenDesign by phone or email. If within 10 days the customer has not sent a reply, SenDesign assumes the right to cancel the order.

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12. DELIVERY OF ORDERS CONTAINING PRE-ORDER TITLES

1. The SenDesign offer may contain titles that are available with pre-order. These titles are being printed or reprinted, and the publisher reserves a number of copies depending on the number of orders placed. The shipping time for pre-ordered books is specified in the description field of that book in a distinct color for easy viewing.
2. Delivery of orders containing both securities in stock at the time of order and pre-order securities can be done as follows:
   • a single package shipped on the date the pre-order title arrives in the SenDesign warehouse containing all the books in the order;
   • two separate packages (a telephone or email request is required). A maximum of two parcels may be shipped if an order contains more than one pre-order title, one parcel with the books in stock and one parcel with the pre-order books when all are available.
   • if an order contains two or more pre-ordered securities and the order is not required to be delivered in separate packages, shipment shall be made when all pre-ordered securities are in physical stock.

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13. THE PAYMENT

1. Payment for the product / services ordered from magazin.sendesign.ro can be made in the following ways:
   • online by card, in complete safety, at the time of ordering. The cards accepted for payment are those issued under the logos VISA (Classic and Electron) and MASTERCARD (including Maestro). The payment processor in this case is Netopia.
   • payment by PO / deposit in account.
   • refund upon receipt of the order
2. SenDesign does not request or store data regarding the customer’s card or bank account.
3. The shipping cost appears in the cart before completing the order, the customer viewing the total cost of his order before placing it.
4. In certain cases (high value orders exceeding the amount of 1000 RON or products delivered to special order), SenDesign reserves the right to request an advance payment of no more than 50% of the value of the ordered products, payment not will be returned in case of cancellation of the order.
5. The invoice for an order will be sent electronically.
6. Upon request, the invoice can be printed and sent in the package with the ordered products if the request is received in due time. After sending the package, the printed invoice can be sent through a delivery service only for a fee, the amount of this service being communicated in advance to the consumer.

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14. DELIVERY AND TRANSPORT

1. The delivery of the products purchased from the magazin.sendesign.ro website is done in the following ways:
   • fast courier delivery
   • delivery by Romanian post
   • electronic delivery of books in digital format
2. The delivery term will not exceed the legal term of 30 days calculated from the conclusion of the contract. In the unlikely event that problems occur and SenDesign exceeds this legal sales deadline, it will inform the customer of the new delivery time, which may not exceed 30 days from the time when the delivery should have been made within the legal limits. A new postponement of the delivery term will be able to operate only with the written consent of the customer, otherwise SenDesign will have to cancel the order and return any amounts paid in advance.
3. Orders requesting delivery to Elocinței 48, Bucharest will be picked up within 5 working days of the order confirmation phone call. After this period, orders will be canceled automatically. Orders containing discount coupons / vouchers will only be picked up by the order holder.
4. In the case of courier delivery, SenDesign collaborates with the following courier companies: Fan Courier, DPD. SenDesign may extend its collaboration to courier providers, without the need to update this document in such a case.
5. The courier will deliver the ordered products from Monday to Friday. If delivery is desired on Saturday, this aspect must be mentioned in the comments section, this option being valid only in certain cities, according to the conditions established by the courier approved by SenDesign for delivery. The customer understands and accepts that the amount related to the transport can be increased in the event that the weight of the package exceeds 2 kg. Also, if the area in which the delivery is requested is considered by the courier service provider as the remote delivery area, the amount related to the standard transport may be increased.
6. In the case of international transport, the displayed cost is calculated for packages under 2kg. The cost will be recalculated if the weight of the package exceeds this value. The cost will also be recalculated in the case of remote delivery areas, according to the conditions established by the courier.
7. Orders registered on magazin.sendesign.ro on Fridays, after 6 pm, as well as on Saturdays or Sundays will be shipped on Mondays.

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15. WARRANTIES

1. Given the nature of the products distributed by SenDesign, the warranty actually refers to the initial condition of the products. Thus, when taking an order in the event of printing errors (covers or content linked backwards, missing or extra pages, etc.) the customer must check and report to SenDesign the inconsistencies observed. Following the finding, SenDesign will replace the defective product with a compliant one or in the absence of stock will return to the customer the amounts paid without other fees and without additional costs for the customer. Also, products that arrive in a non-compliant condition due to transport or other causes to the customer will be replaced under the same conditions. The customer will invoke the non-conformities within maximum 30 days from the date of delivery of the order.
2. In accordance with the applicable legal requirements, SenDesign will reimburse the costs related to the delivery and return of the products borne by the customer in the event that the non-conformity of the product is confirmed. The Customer understands and accepts that the return of the amounts related to the delivery and return of the non-compliant product is not to be confused with the return of the same amounts if the Customer exercises his right of withdrawal from the contract.
3. Books in digital format (ebooks) cannot be returned under any conditions. The customer has the responsibility to check the compatibility of the electronic formats available on magazin.sendesign.ro with the owned device. Secure electronic books cannot be converted to other formats. SenDesign may not return, convert or make available to the customer formats other than those purchased by the customer and existing on the website at the time of the transaction.

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16. RIGHT OF WITHDRAWAL

1. SenDesign will comply with the provisions of Emergency Ordinance no. 34 / 4.06.2014 on consumer rights in distance contracts, which gives the customer, as a consumer (only under the conditions of the said normative act) the right to within 14 working days from receipt all purchased products, without penalty and without invoking any reason, to return the purchased products.
2. The return request will be made by the customer, on the website, who will fill in the return form by accessing the Return page.
3. The deadline for responding to requests for return is 30 days from the unilateral denunciation made in writing.
4. The return of the products will be made at the customer’s expense, at the rates charged by the delivery agent during the shipment, and will receive within 30 days from the unilateral denunciation made on the website, the value of the order. Refunds may be deferred until receipt of the returned products or receipt of proof that the products have been shipped. SenDesign has the right, when it considers that the client’s actions were reluctant to claim damages / to withhold certain amounts from the total value due to the diminution of value of the product, under the conditions of the legislation in force. SenDesign also reserves the right to subsequently refuse to honor other orders of the customer who acted in bad faith exercising his right to withdraw from the contract.
5. If the return of the products is caused by the existence of problems related to the product, such as damage or inconsistency with the order placed, the return costs will be borne exclusively by SenDesign, under the conditions stipulated in this document.
6. The return address of the products is: Elocinței 48, Bucharest.
7. Returns, (regardless of the shipping method chosen), will never be shipped by the customer to SenDesign with a refund.

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17. COMPLAINTS

1. In case of any problems or dissatisfaction, they can be reported by the customer by e-mail or telephone, and SenDesign will fix the problem or contact him.

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18. LIMITATION OF LIABILITY

1. SenDesign cannot be held responsible in any way to any customer who uses the website or the content, other than within the limits of the articles that constitute the Terms and Conditions.
2. SenDesign is not responsible for the content, quality or nature of book descriptions and comments posted by website visitors. Also, SenDesign is not responsible for the content of the websites that are reached through links.

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19. CONTACT, NEWSLETTERS AND ALERTS

1. By contacting SenDesign, the customer understands that he will be contacted by any available means and by reference to the contact information provided, including electronic means, by a SenDesign representative (but without any obligation on the part of the company in this regard).
2. With regard to ongoing distance contracts, SenDesign can contact the customer using all contact details provided voluntarily by the customer, the legal basis for data processing being, in this case, the execution of the contract.
3. Regarding the newsletters, SenDesign can send messages of interest regarding the activity, promotions, contests, organized events, etc., only with the express consent of the client, the legal basis of the data processing being, in this case, the consent. Also, for clients who have an active account, SenDesign may send relevant messages regarding the general activity, promotions, contests, organized events, etc., based on the relevant relationship between the client and SenDesign, the legal basis of data processing being, in this hypothesis, the legitimate interest of the operator.
4. Each newsletter sent by SenDesign contains an unsubscribe link, the customer having the opportunity to opt for this option at any time, except for this rule may make cases where the newsletter is sent to account holders, based on the relevant relationship between SenDesign and Client.
5. Emails sent by SenDesign without offering the unsubscribe option are the exclusive ones regarding the order flow (confirmation, delivery and any other aspects regarding the order placed by the customer).
6. The personal data collected for this purpose will not be used for other purposes, and for more details you can consult the Privacy Policy.

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20. PROTECTION OF PERSONAL DATA

1. We make every effort to ensure that we protect and respect the confidentiality of your personal data by implementing the necessary measures required by applicable data protection rules and regulations, including General Regulation (EU) 2016/679 on data protection (“GDPR”). .
2. For more information regarding your rights regarding personal data and its storage, please consult the Privacy Policy.
3. For any additional information, ambiguity or requests regarding personal data, you can contact us at mail@sendesign.ro.

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21. MAJOR FORCE AND FORFEIT

1. Unless expressly provided otherwise, none of the parts of a concluded contract, which is still in progress, shall be liable for the failure to perform on time and / or properly, in whole or in part, any of its obligations. incumbent on the contract, if the non-performance of that obligation was caused by an event of force majeure.
2. The party or legal representative of the party invoking the above-mentioned event is obliged to inform the other, immediately and completely, of its occurrence and to take any measures available to it in order to limit the consequences of that event.
3. The party or legal representative of the party invoking the above-mentioned event shall be exempted from this obligation only if the event prevents it from carrying it out.
4. If within 15 days from the date of its occurrence, that event does not cease, each party shall have the right to notify the other party of the full termination of this contract without any of them being able to claim damages from the other.
5. The party invoking the event of force majeure must prove the impossibility of fulfilling the obligations within 30 days from the date of the event.

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22. DISPUTES

1. By using / visiting / viewing / etc. website and / or any content sent by SenDesign to the Customer by accessing and / or sending by any means (electronic, telephone, etc.), he agrees at least with the provisions of the „Terms and Conditions” as well as with any other policies / rules published on the website, these being an integral part of this document.
2. The contract is considered concluded in Romania and is governed by the legal provisions applicable in Romania. Any dispute regarding this document that may arise between the client and SenDesign will be settled amicably. If this is not possible, the dispute will be resolved by the competent court according to law.
3. Having regard to the provisions of Regulation (EU) no. 524/2013 on the online settlement of consumer disputes and amendment of Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC, SenDesign offers the client the possibility to opt for out-of-court settlement of possible disputes, by using the European online dispute resolution platform (SOL platform), a digital tool created by the European Commission to facilitate the independent, impartial, transparent, effective, expeditious and equitable out-of-court settlement of disputes concerning contractual obligations arising out of contracts for the sale or supply of online services between a consumer residing in the Union and a trader established in the Union .
4. If any of the above clauses is found to be void or invalid, regardless of the cause, this clause will not affect the validity of the other clauses.

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23. FINAL PROVISIONS

1. SenDesign reserves the right to make any changes to these provisions, as well as any changes to the website / its structure / service as well as any content without prior notice to the customer.
2. If you have any questions or suggestions regarding SenDesign, please call the call center, Monday to Friday, 09:30 to 18:00.

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