TERMS and CONDITIONS

These terms and conditions apply to the use of the ESC.rocks website found at www.esc.rocks. Make sure you read and accept the terms and conditions before making a purchase on our website.

TERMS DEFINITION

ESC.ROCKS – is property of SC Create Momentum SRL, a Romanian legal entity registered under J12/3169/18.07.2018 at the Trade Register, registration number 39638943, under the address Jupiter street nr.2, Baciu, Cluj County, Romania.

ESC.ROCKS may be referred as ‘we’ or ‘us’ in the following statements.

Products and services:

These terms and conditions specifically refer to the following products and services which may be purchased or accessed via our website:
Experience Vouchers, Gift Cards, Event Tickets

  • Experience Voucher – an ESC voucher (PDF) generated for buying a specific experience.
  • Gift Card – an ESC voucher (PDF) with a RON value that can be used as currency to purchase from our website.
  • Event Tickets – an ESC ticket (PDF) generated for buying a ticket to a specific one time only event.
  • Gift Packs – a gift pack is a bundle of physical products combined with an ESC Gift Card (printed) – which is a voucher with a RON value that can be used as currency to purchase from our website. The gift card contains specific instructions on how to use it as well as its expiry date as stated on the Gift Pack’s page and on the voucher itself.

Throughout these terms and conditions, the above products and services are collectively referred to as ‘ESC Voucher(s)’.

Experience Provider

Experience Providers are independent businesses in charge of delivering the experiences.
ESC.rocks is not the provider of the experience, we (esc.rocks) act as agents in promoting local businesses by selling vouchers that you can redeem and enjoy experiences created by businesses that provide lifestyle and recreational services to customers.

Voucher redeem / activation

The process of activating your voucher in order to book and enjoy the experience you bought. For more detailed information please see How it works.

Booking

A booking refers to the action of requesting a date for your experience. You can do that during the voucher activation process.

PRIVACY & COOKIE POLICY

Make sure you read and understand and accept our Privacy & Cookie Policy which governs your use of esc.rocks services, as part of our Terms & Conditions.

HOW TO USE

Pricing

We reserve the right to change the price without notice.

There are no additional costs when making a purchase.

Sometimes, despite our best efforts, it may happen that the displayed price is lower than the correct price. In case that happens we will contact you to inform about the situation and give you the option to make a payment for the correct price or refund the money if you do not wish to continue with the purchase.

Making a purchase

When you purchase and/or use an ESC Voucher and click the box that says ‘I understand and accept the Terms and Conditions’, you become legally bound by these terms and conditions and the OUR PRIVACY POLICY. Please do not proceed to purchase/use your ESC Voucher until you have read, understood and accepted these terms and conditions.

When you make a purchase on behalf of another person (such as purchasing an experience or gift card for them) and you provide us with their personal information, you guarantee that you are authorised to provide us with that personal information and that we are able to use that personal information for the purposes as set out in our privacy policy (for example, using their email address to deliver of the voucher / gift card).

If you have any questions, please contact us at:
Phone: +40747219472
E-mail: connect@esc.rocks

Payment Policy

You can pay for your experience online with a valid banking card through EuPlatesc (Visa/Maestro/Mastercard).
If you have chosen the “Online banking card” payment method, you need to fill out a form with your card information on the secured payment processor page.
Visa and MasterCard (Visa / Visa Electron and MasterCard / Maestro) credit / debit card payments are made through the “3-D Secure” system developed by organizations providing online transactions with the same level of security as those achieved at the ATM or in the physical environment, at the merchant.

First of all, “3-D Secure” assures that no information about your card is transferred or stored at any time on the servers of the store or the payment processor’s servers, these data being directly entered into the Visa and MasterCard system.

Refunds / Returns

A) For ESC Vouchers

If you have purchased an Experience Voucher from esc.rocks and for whatever reason you wish to return it, you can request a refund of the Experience Voucher within 14 days of the purchase date, in compliancy with OUG 34/2014 – by Romanian Law.
Only the purchaser is entitled to request and receive a refund.

Conditions of Refund:

  • Refunds are only permitted for valid vouchers that have not been used, i.e. where an experience date has not yet been booked on the esc.rocks system. Once you have requested a booking, your voucher cannot be cancelled and is not refundable.
  • The refund will be processed back to the purchaser only.
  • After the elapse of 14 days from the purchase date, no refunds will be granted.

 

How to request a refund:

If you wish to request a refund within the 14 days from the purchase do one of the following options:

  •  If you have an account: Go to My Account – Select the order you want to request a refund for – Click on the Request button – Complete the form and select the option for refund – Click submit.
  • If you don’t have an account: Go to our website and click on the Return/Exchange Request form (in the footer) – Submit your order number and the email you made the purchase from – On your order page click on Refund request button – Complete the form and click submit.

 

When requesting a refund you have 2 options:

  • Refund in Customer Wallet – if you choose this option the amount will be added to your Wallet and you can use it for further orders.
  • Refund Through Manual Method – if you choose this option the amount will be refunded in the account you made the purchase from.

 

We will process your refund request as soon as possible. After we review the request you will get an email notification about the status of your refund.

Note: Gift Cards can not be refunded as they work such as a coupon to purchase from our website.

 

B) For Gift Packs

If you have purchased a Gift Pack from esc.rocks and for whatever reason you wish to return it, you can request a refund of the Experience Voucher within 14 days of the purchase date, in compliancy with OUG 34/2014 – by Romanian Law.
Only the purchaser is entitled to request and receive a refund.

Conditions of Refund for Gift Packs:

• Refunds are only permitted for:
o Products that have not been used, opened or damaged in any way;
o valid vouchers that have not been used, i.e. where the code on the voucher was not used to get a discount on an order from www.esc.rocks. Once you have placed an order using the discount code, your voucher can not be cancelled and is not refundable.
• The refund will be processed back to the purchaser only.
• After the elapse of 14 days from the purchase date, no refunds will be granted.

According to the current Romanian Law, the following products can not be returned:

• products that are likely to deteriorate or expire quickly;
sealed products that cannot be returned for health or hygiene reasons and which have been unsealed by the consumer; (ex. Return of Cosmetic and personal care products is not accepted if they have been used, sealed or tested, for reasons of customer health protection or for hygiene reasons.)
• products that are, after delivery, according to their nature, inseparably mixed with other elements;
• alcoholic beverages whose price was agreed at the time of the conclusion of the sale contract, whose delivery cannot be made before 30 days and whose real value depends on the fluctuations in the market that the professional cannot control;

It is not allowed to return the Products on which unauthorized interventions have been carried out, those that show traces of wear or excessive use, scratches, scratches, strokes, mechanical / electrical shocks, the products that lack accessories.

Decrease the value of the returned Products
Any diminution of the value of the Products resulting from their handling other than those necessary to determine the nature, qualities and functioning of the Products is the responsibility of the Buyer. For clarity, from the total price of the returned Product, the Seller will retain a sum of money representing the diminution of the value of the Products in the proportion of 5% -50% of the initial value of the Product, as the case may be. The amount of the reduction fee will be communicated to the Buyer upon receipt of the returned Products.

How to request a refund for Gift Packs:
If you wish to request a refund within the 14 days from the purchase do one of the following options:
• If you have an account: Go to My Account – Select the order you want to request a refund for – Click on the Request button – Complete the form and select the option for refund – Click submit.
• If you don’t have an account: Go to our website and click on the Return/Exchange Request form (in the footer) – Submit your order number and the email you made the purchase from – On your order page click on Refund request button – Complete the form and click submit.

When requesting a refund you have 2 options:
• Refund in Customer Wallet – if you choose this option the amount will be added to your Wallet and you can use it for further orders.
• Refund Through Manual Method – if you choose this option the amount will be refunded in the account you made the purchase from.

After you’ve completed the refund request you need to return the product to the delivery point where you picked it up from. The returns will be made to this address exclusively – Bulevardul Nicolae Titulescu nr.4, from Monday to Friday, between 10 am – 5 pm

We will process your refund request as soon as possible. After we review the request you will get an email notification about the status of your refund.

Exchanging an ESC Voucher

The purchaser or recipient of an experience voucher, has the ability to make an exchange within 14 days of the purchase date, in compliancy with OUG 34/2014 – by Romanian Law.

Conditions of exchange:

  • Exchanges are only permitted for valid vouchers that have not been used, i.e. where an experience date has not yet been requested on the esc.rocks system.
  • The new experience voucher purchased will maintain the original expiry date of your exchanged voucher.

How to request an exchange:

If you wish to request an exchange within the 14 days from the purchase do one of the following options:

  • If you have an account: Go to My Account – Select the order you want to request an exchange for– Click on the Exchange button – Complete the form and select the experience you want to exchange with (browse the shop, click on the experience you want and click exchange)– On the Exchange form page Click submit.
    • If you exchange your voucher for an experience of lesser value, any remaining balance will be held in credit on your esc.rocks account and subject to the same expiry date as the original voucher.
    • If you exchange for an experience of higher value, you will be required and prompted to pay the difference. In order to do this go to My Account and click on ‘Pay’ to pay the difference and receive your new voucher.
  • If you don’t have an account: Go to our website and click on the Return/Exchange Request form (in the footer) – Submit your order number and the email you made the purchase from. Complete the form for returns. If the return is approved we will refund the value into your account and then you can make a new order.

After you have submitted your exchange request we will process it as soon as possible. After we review the request you will get an email notification about the status of your exchange request.

Important: Gift Cards can not be exchanged as they act as coupons to purchase from our website.

Transfers of an ESC Voucher

All valid and unused ESC Vouchers are fully transferable. ESC accepts no responsibility for any stolen or fraudulent Vouchers. It is the holder’s responsibility to ensure the safe keeping of the Voucher(s).

Lost ESC Voucher

If an ESC Voucher is received and lost, the recipient may be eligible to have a replacement voucher emailed to them.

Conditions for replacement:

  • The voucher is still valid and has not been exchanged or used.
  • You must provide the proof of the purchase made: order number, invoice, purchaser’s full name and email address.
  • We (esc.rocks) must be able to verify that you are the original recipient of the voucher.

Please note that as the recipient of the voucher you are responsible to provide us with all the data necessary to verify the purchase. If you can not provide the above information the voucher can not be replaced.

Delivery

The ESC Voucher or Gift Card will be delivered via email after completing the payment. It will also be available for download in your account page.

Gift Packs are only available in Cluj Napoca – they can be picked up at our pick up point @Bulevardul Nicolae Titulescu nr.4, from Monday to Friday, between 10 am – 5 pm

ESC.rocks is not responsible if an incorrect email address was provided by the purchaser or if the email was blocked by filters of firewall. If you made a purchase and did not receive a voucher please contact us to provide an alternative email address.

Availability

All experiences offered by experience providers are subject to availability. Bookings are recommended to be made at least 2 weeks in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. A booking is considered finalised when you receive the email entitled “Confirmation of your booking”.

All esc.rocks experiences are subject to removal from our website at any time without notice. In case that happens and the experience provider is not honoring the bookings, we will contact you immediately. You can opt to exchange your voucher or get a refund for your purchase.

  • If you choose to exchange your voucher for another experience please contact us by email at connect@esc.rocks and we’ll take care of it.
  • If you decide to get a refund the original purchaser of the experience must request it and the payment will be made in the account provided at the moment of the initial pruchase.

Esc.rocks accepts no liability for the removal of experiences from the website.

Expiry & Extensions

ESC Vouchers /Gift Cards must be booked and taken within 6 months of purchase.
The expiry date is clearly stated on your ESC Voucher / Gift Card.
All vouchers/gift cards must be used within the validity period. This means that you must book and take your experience before the expiry date.
Once an ESC Voucher has expired ESC.rocks is under no obligation to offer an extension.
After a voucher has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of esc.rocks.

Booking your experience

To make a booking for your experience please go to esc.rocks and click ACTIVATE VOUCHER.
Please make sure to book ahead of time to avoid any disappointment. Follow the instructions as stated on each experience page. For more information on how to make a booking please see HOW IT WORKS or FAQ.

Cancellation Policy

Our experience providers have their own cancellation policies which you are bound to follow. Once your booking has been made, if you cancel it, you may loose the right to reschedule the voucher. Please check the cancellation policy on each experience page. It will also be stated in the Experience provider’s specific Terms and Conditions that are different from ESC.rocks Terms and conditions that you need to accept when you make a booking.

If an experience provider needs to cancel an experience for any reason, you will be notified as soon as possible in order to reschedule a convenient alternative date. Esc.rocks will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.

The Weather

Some of the experiences are weather dependent. If the meteorological conditions are not suited the experience will be rescheduled for another suitable date at no cost for you.

Restrictions

Some of the experiences are subject to minimum age, health or other restrictions. These restrictions are stated on the experience page and in your booking confirmation. Please read them carefully as it is your responsibility to accept and understand the restrictions prior to book the experience. If you cancel the experience due to restrictions you might lose the right to re-book or may be subject to charges. Please check the cancellation policy for each provider.

Experience Duration

The duration of each experience is stated on each experience page and is provided by our experience providers as an estimate of the time you will spend enjoying your experience.

Experience Locations

esc.rocks experience providers are located at many of Cluj’s best locations. We are continually adding locations but occasionally we may need to stop featuring some venues.
If not stated on the experience page you will receive the details of the exact location when you receive your Booking Confirmation.

Promotions

ESC.rocks can offer promotional discounts or special offers in compliancy with  OG 99/2000 atr.32 bounded by Romanian Law.

By redeeming any Promotional Codes or Promotional Offers you agree to accept and comply with all the following terms and conditions of use:

• Promotional Offers and Promotional Codes cannot be used in conjunction with Gift Cards.
• If you have been provided a valid Promotional Code, you must enter it into the designated field in the shopping cart. Otherwise, it will not be applied.
• Promotional Codes must be used before the designated expiration date.
• Promotional Codes and Promotional Offers cannot be combined.
• Unless otherwise specified Promotional Codes may only be used once per person.
• Where multiple Promotional Codes are offered, only one can be used per transaction.
• Where multiple discounts apply, the user will receive the maximum discount available.
• ESC.rocks reserves the right to verify the validity of Promotional Code use at any time. If there has been (or we have reason to believe there has been) any unauthorised use we will immediately cease all activity on your Account.
• ESC.rocks reserves the right to remove any Promotional Offer or Promotional Code without notice at any time.
• Promotional Offers and Promotional Codes may be subject to additional terms and conditions as specified in the relevant Promotion from time to time, including but not limited subscription to the ESC newsletter.

RIGHTS & OBLIGATIONS

Copyright

The text and illustrations (including photographs) used by esc.rocks are protected by copyright and must not be copied in whole or in part with the express permission of esc.rocks.

Customer Ratings & Reviews

We would really love to get your feedback on the experiences you experienced through Esc.rocks.

By submitting any content to esc.rocks, you understand and agree that:

 

  • All submitted content is subject to these terms of use. In the case of a conflict between these terms and our Privacy Policy, these terms will prevail;
  • For any content you submit you grant ESC.rocks the right to use, copy, modify or publish, translate and distribute the content into any form or medium without compensating you.If completing a review for an experience that includes alcohol you are at least 18 years old;
  • You have not been compensated or granted any consideration by any third party for your review;
  • The content you provide is not false, inaccurate or misleading; it does not violate any law, statute, ordinance or regulation, it does not contain any content which is defamatory, hateful, racially or religiously biased or offensive to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files;
    The content you provide does not contain any of the following: obscenities, discriminatory language, advertisements, “spam” content, or references to other products, offers, or websites; email addresses, URLs, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other reviews posted on the page or their authors.
  • ESC.rocks reserves the right to change, condense or delete any content on our website that violates the content guidelines or any other provision of these Terms of Use.

By submitting your email address in connection with your rating and review, you agree that ESC.rocks and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

In some cases, we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.). Please note that what matters most is that the reviews are honest – therefore these incentives will be available to customers regardless of whether the review is positive or negative.

REVIEW WRITING GUIDELINE:

A few guidelines to consider when writing your review:

  •  Focus on the product you have purchased or experienced and your individual experience using it
  • Omit any personally identifying information, such as names
  • Avoid writing about customer service, contact us instead if you have issues requiring immediate attention
  • Refrain from mentioning company names, competitors or the specific price you paid for the product.

Liability

ESC.rocks is not responsible for any of the experiences provided.

ESC.rocks has no liability for any act, omission or default, whether negligent or otherwise of any experience provider or third party.
ESC.rcoks has no liability for any loss or damage occasioned by any negligent act or omission of any experience provider or third party.

Disputes & Applicable Law

The experiences take place in Romania therefore are bounded and comply to Romanian Law.
In case that you have a problem with our services we highly recommend to talk to us about it. If it really can not be solved by talking, the issues will be settled by arbitration or will be submitted for resolution to the competent courts of Cluj-Napoca.