TERMS AND CONDITIONS
Definitions:
The platform further means the online platform www.rafgallery.com.
Administrator of the platform www.rafgallery.com further means SC Fabrica de arta SRL, headquartered in Ploiești, str. Tunari, no. 3, cam. 2, Prahova, no. registration 41189935, IBAN: RO39BTRLRONCRT0508746301, TRANSILVANIA Bank.
Seller further means SC Fabrica de arta SRL with the identification data mentioned above, under the auspices of which www.rafgallery.com operates.
Buyer further means natural person or legal person or any legal entity that places an order online.
User further means any natural or legal person who visits or accesses the www.rafgallery.com platform and who wishes to use in any way or actually uses this service. By obtaining the quality of User of www.rafgallery.com it is considered the acceptance of these General Terms and Conditions. Further access to or visit to www.rafgallery.com, any page thereof and / or use of this service, as well as any component thereof constitutes your full and unconditional acceptance of the Terms and Conditions and any provision thereof. Failure to accept these General Terms and Conditions entails the User’s obligation to immediately stop accessing www.rafgallery.com
Artist further means the natural person or the Romanian legal person, with which the Seller has a contractual collaboration relationship, in order to promote and market art products or other products assimilated to it, created, owned or curated by him.
Online order means the electronic document that intervenes as a form of communication between the Seller and the Buyer, through which the Buyer transmits to the Seller, through www.rafgallery.com his intention to purchase Goods and Services from www.rafgallery.com.
Art products or similar means any product, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer.
Service means any product promotion and marketing service, including related ones (creation of virtual gallery space, creation and management of online stores for the artist, etc.), to be provided by the Seller, the Buyer.
Transaction means the collection or reimbursement of an amount resulting from the sale of a product and / or service by SC Fabrica de arta SRL, by using the services of the card processor agreed by the Seller, regardless of the delivery method.
Specifications means all specifications and / or descriptions of the Products and Services as specified in their description.
Intellectual property means all content in text format and any other material, transmitted in any form to Users (by direct viewing on www.rafgallery.com, by newsletters or by any other material directly or indirectly linked), the logo, the brand and any other graphics of www.rafgallery.com, including but not limited to, belong to the Administrator of www.rafgallery.com and its collaborators.
CONTRACTUAL DOCUMENTS
In order to purchase art products or other similar products on the platform www.rafgallery.com, Users must place an order online. Users have the obligation to provide real and complete information in the registration process in the “CONT” section, according to the registration form presented on www.rafgallery.com.
By registering an Order on www.rafgallery.com, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller carries out its commercial operations.
The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
The order is considered concluded between the Seller and the Buyer at the moment of receipt by the Buyer from the Seller, by e-mail, of the notification of shipment of the Order.
The document and the information made available by the Seller on www.rafgallery.com will be the basis of the Order, in its completion being the mandatory certificates provided by law to be issued by the Artist, for the purchased products.
Access to place an Order is allowed to any Buyer.
For justified reasons, the Seller reserves the right to restrict the Buyer’s access to place an Order and / or to some of the accepted payment methods, if he considers that based on the conduct or activity of the User / Buyer on www.rafgallery.com , his actions could in any way harm the Seller. In any of these cases, the User / Buyer may contact the Administrator www.rafgallery.com to be informed of the reasons that led to the application of the above measures.
The communication with the Seller can be done by direct interaction with him or by the addresses mentioned in the “CONTACT” section of www.rafgallery.com. The seller is free to manage the information received without having to provide justifications.
Orders that do not contain all of the Client’s identification data, as mentioned in these terms and conditions, will not be considered valid and, consequently, will not be honored.
The Seller may limit the resale right of some products for reasons related to the nature of the product and / or, as the case may be, the limitations imposed by the Artist. Such limitation is expressly mentioned in the product data sheet.
The seller reserves the right to publish images and descriptions of the art product or assimilated to it sold in any of the promotional materials.
PRODUCTS
The products exhibited on www.rafgallery.com are of the nature of art products or assimilated to it, created by Romanian Artists, suppliers of www.rafgallery.com.
Each product displayed on www.rafgallery.com has a product sheet, where all the information regarding its nature, classification and description, according to the legal provisions, is mentioned.
When selling a product, the Seller will provide the Buyer with authentication certificates, issued by the Artist.
According to the provisions of Law no. 182/2000 removing from Romania, by any means, the art products for which the temporary or definitive export certificate, issued under the law, was not obtained, constitutes an illegal export operation. If the Buyer wants to remove the good from Romania or for the delivery of the good to be made outside the Romanian territory, it is necessary to obtain the export certificate, in accordance with the law.
According to Law no. 182/2000 and H.G. no. 518/2004 For the approval of the Methodological Norms regarding the final or temporary export of movable cultural goods, art products – contemporary creation can be exported definitively or temporarily without an export certificate, following to certify before the customs authorities that the respective goods are works created by authors in life. For this purpose, the Seller may issue, at the request of the Buyer, free of charge, certificates according to the model provided in Annex 5 of H.G. no. 518/2004.
CORRECTION. RIGHT OF WITHDRAWAL. RIGHT OF REFUSAL
The Seller may refuse the execution of an order made by the Buyer, without any other formality except a prior notification addressed to him, without any subsequent obligation of one party to the other party or without any party being able to claim the other damages in the following cases :
– the acceptance by the issuing bank of the Buyer’s card of the transaction, in the case of online payments;
– invalidation of the transaction by the card processor approved by the Seller, in case of online payments;
– the data provided by the Buyer, in the registration process are incomplete or incorrect;
– in the case where, due to the Buyer’s fault, two orders have not been honored due to the non-payment of the price or the refusal to receive the ordered goods.
Any renunciation of the order made by the Buyer must be followed by sending to the Seller an email to confirm the renunciation.
Under the conditions of art. 9 of GEO no. 34/2014, the Buyer benefits from a period of 14 days to withdraw the order, without having to justify the withdrawal decision and without incurring costs other than transport costs for the return of the product. The Buyer is obliged to notify the Seller of his intention to cancel the Order and return the purchased products, in writing, by e-mail.
The Buyer will return the products within 14 days from the date on which he communicated to the Seller his decision to withdraw the Order.
The buyer will be responsible for the cost of transport and insurance (if applicable) on the returned products, until the seller receives and receives them.
All returned products must be received by the Seller in the same condition in which they were delivered to the Buyer. Otherwise, the Seller may refuse to receive the returned product and return it to the Buyer, withholding the amounts paid by the Buyer.
The Seller will refund all amounts received as payment from the Buyer, except for delivery costs, within a maximum of 14 days from the date of receipt of the written decision to withdraw the Buyer. The seller may postpone the refund until the date of receipt of the products that were the subject of the sale.
If, upon receipt of the products, the Seller ascertains that they have suffered damage, he shall inform the Buyer in writing of the refusal to receive the damaged product and will relay the Seller’s product, the Buyer being exempted from the obligation to return the sums paid by the Buyer.
In accordance with Art. 16 of GEO no. 34/2014, the Seller reserves the right not to accept the return of products which, by their nature, cannot be returned or which can deteriorate or deteriorate rapidly. If a product has been subject to a custom order, it is not allowed to return it. The buyer will be informed in the description of each product whether it is returnable or not.
THE PAYMENT
The payment methods when purchasing a product from www.rafgallery.com are:
- Refund (payment on delivery) – Payment in cash is made in lei, in full, upon delivery. The value of the package is the one from the moment of order confirmation. Proof of payment (receipt) is the document you receive from the courier.
- Bank card – At the time of placing the order, select the payment method and fill in the necessary data for payment with the card.
- OP (payment order) – Payment by payment order will be made only based on the proforma invoice issued by SC Fabrica de arta SRL. The proforma invoice will be issued only after the order confirmation.
Delivery of the products is made after confirmation of payment in the following account:
SC FABRICA DE ARTA S.R.L.
Headquarters: Strada Tunari, no. 3, room 2, Ploiești, Prahova
Trade Register j29 / 1957/2019, CUI: 41189935
Lei account: RO39BTRLRONCRT0508746301 opened at Banca Transilvania
Euro account: RO86BTRLEURCRT0508746301 opened at Banca Transilvania
DELIVERY
Delivery will be made to the address indicated by the Buyer in the order form through specialized courier or postal companies. The delivery cost is the one mentioned in the order form and is to be fully borne by the Buyer.
Given that art products and those assimilated to it impose special delivery conditions, due to the degree of fragility, delivery will be made within:
- 5 working days in Bucharest;
- up to 7 working days in the country;
- minimum 14 working days abroad, in compliance with the Seller’s operating schedule.
The delivery of the products will always be made after the payment of the price by the Buyer, in the case of payments by card or by PO, or at the same time with the payment of the price, in the case of cash on delivery.
The transfer of ownership and risks from the Seller to the Buyer will be done with the delivery of the products.
WARRANTIES. COMPLIANCE
Every product sold on www.rafgallery.com, except for works of art, benefits from the warranty period mentioned in the product warranty certificate.
Each product, except for works of art, sold on www.rafgallery.com benefits from a guarantee of conformity under the conditions of Law no. 449/2003 on the sale of products and the guarantees associated with them.
INTELECTUAL PROPERTY
All content in text format and any other material transmitted in any form to Users (by direct viewing on www.rafgallery.com, by newsletters or by any other material directly or indirectly linked to www.rafgallery.com), logo, brand and any other graphics elements of www.rafgallery.com, including but not limited to, belong to the Platform Administrator and its partners.
By way of derogation from the above provisions, materials published on www.rafgallery.com that have been made available to the Administrator www.rafgallery.com on the basis of a legally concluded contract, or those materials for which on www.rafgallery.com a another rights holder, or another holder or source, does not belong to the Administrator www.rafgallery.com.
In cases where the content of www.rafgallery.com, regardless of the area in which it is located in www.rafgallery.com and regardless of the type is taken over by the Administrator www.rafgallery.com from other producers / issuers of content or materials in text format , image, graphics, video sequences, but without being limited to them, such a takeover is made in compliance with the legal provisions and incident rules in such cases.
Users understand and accept that all information, data, materials posted on www.rafgallery.com are for information and guidance only and that the Administrator of www.rafgallery.com can not be held liable in any case and in any way for the veracity and validity Content www.rafgallery.com or for any legal effect arising from its use.
Users undertake to respect all copyrights and related rights and any other intellectual property rights that the Administrator www.rafgallery.com and its partners own over / in connection with www.rafgallery.com, its Content, the Service, any their mode or component or in connection with their use. Users understand and agree that in the event of a breach of any of the above provisions in any measure, they may be held liable to the authors / copyright owners.
It is forbidden to copy, retrieve, reproduce, publish, transmit, sell, total or partial, full or modified distribution of the content www.rafgallery.com or any part of it made for any purpose other than personal.
LIMITATION OF LIABILITY. MAJOR POWER
The administrator of www.rafgallery.com will make every reasonable effort to ensure the accuracy and reliability of the platform and will endeavor to correct errors and omissions as soon as possible.
The administrator of www.rafgallery.com cannot be held liable for any loss or damage that may result from the use of any part, sequence, mode of the Content of the platform or the impossibility of using it, regardless of its cause, or the misinterpretation of any provisions of the Platform content.
Users understand and agree that the Administrator of www.rafgallery.com is discharged from any liability in the event of any outage, interruption, difficulty, malfunction or error in the operation of www.rafgallery.com, in the event of a technical error of any kind or any error in the supply The Service, as well as in any situation in which it would not prove certain that any errors or technical problems of the above mentioned are directly and exclusively due to the serious fault of the Administrator www.rafgallery.com.
Users expressly understand and agree that the Administrator of www.rafgallery.com is discharged from any liability for any direct or indirect damages, including but not limited to loss of profit, trade or other intangible losses, resulting from accessing www.rafgallery.com or the Content www.rafgallery.com in any way or any legal effects arising therefrom.
In cases of major force , the Administrator of www.rafgallery.com or its operators, directors, employees, branches, subsidiaries and representatives are fully exempt from liability. Cases of major force include, but are not limited to, malfunctions of the technical equipment of the Platform Administrator, failure of the internet connection, failure of telephone connections, computer viruses, computer attacks of any kind and interference with malicious software, unauthorized access to platform systems, operating errors, strikes, etc.
APPLICABLE LAW. DISPUTES
The rights and obligations of the Users and of the Administrator www.rafgallery.com, provided by these General Terms and Conditions, as well as all the legal effects they produce will be interpreted and governed in accordance with the Romanian law in force.
Any dispute arising out of or in connection with these General Terms and Conditions will be settled amicably. In case of impossibility to reach an agreement, the dispute will be solved by the competent Romanian court from the Administrator’s headquarters www.rafgallery.com.
MODIFICATION OF THE TERMS AND CONDITIONS
The administrator of www.rafgallery.com has the right to modify at any time and in any way any of the provisions of these General Terms and Conditions, without any prior notification and without being obliged to perform any other formality towards the Users.
Any modification will be considered as fully and unconditionally accepted by any of the Users by the simple use or access of any facility offered by www.rafgallery.com or the Service, or by accessing www.rafgallery.com, which occurred at any time after the modification operation, and not accepting any changes entails the obligation of the respective User to immediately stop accessing www.rafgallery.com.
