I. DEFINITIONS
1.1. The seller – RETROS Gallery SRL, located in Bucharest, District 1, 27 Pitar Moș Street, 5th Floor, Ap. 17, Fiscal Code RO 36903646, Trade Registry No. J40/193/2017, Bank account opened at Banca Romana pentru Dezvoltare, (Romanian Bank of Development) number RO36BRDE441SV88579324410
1.2. User – any natural person who has reached the age of majority or legal entity, legally constituted, registered on the Site, directly, or through its legal representatives, who, by completing the process of creating the Account, has agreed to the specific terms of the Site in the Terms and Conditions section.
1.3. Buyer/Customer – may be any natural person who has reached the age of majority or any legal entity or legal entity, legally constituted, who makes an Account on the Site, who has or obtains access to the Content, by any means of communication made available by the Seller (electronic, telephone, etc.) based on the creation of an Account and/or based on a user agreement existing between the Seller and the Seller and who, accepting the Terms and Conditions, places a valid Order on the Site (initiates, completes and finalizes an Order). Before becoming a Buyer/Customer, any natural person, legal person or any legal entity that makes an Account on the Site, first becomes a User.
1.4. Account – the section of the Site consisting of an e-mail address and a password that allows the User/Purchaser to submit Orders and that contains information about the Customer/Purchaser and the Purchaser’s history on the Site (Orders, invoices, Goods warranties, etc.). The User is responsible for ensuring that all information entered when creating the Account is correct, complete and up-to-date.
1.5. Cart/My Cart – section of the Account that allows the User/Shopper to add Goods and/or Services that he/she wishes to purchase at the time of adding or at a later time; if the Goods and/or Services are not purchased at the time of adding by placing the Order, the User/Shopper will benefit from the service offered by the Seller to track the Goods and/or Services by receiving Commercial Communications from the Seller.
1.6. Website – the online shop hosted at www.retros-gallery.com and its subdomains.
1.7. Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods and/or Services from the Site.
1.8. Goods and Services – any Product or Service listed on the Site, including the Products and/or Services mentioned in the Order, the characteristics of which have been agreed by the Buyer, to be supplied by the Seller to the Buyer as a result of the Contract concluded, including the related documents mentioned in this Document.
1.9. Campaign – the action of displaying for commercial purposes, a finite number of Goods and/or Services having a limited and predefined stock, for a limited period of time set by the Seller.
1.10. Contract – means the distance contract concluded between the Seller and the Buyer, according to GEO no. 34/2014, without the simultaneous physical presence of the Seller and the Buyer.
1.11. Document – these Terms and Conditions.
1.12. Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by the Seller to the Buyer, using the services of the card processor approved by the Seller, regardless of the method of delivery.
1.13. Specifications – all specifications and/or descriptions of the Goods and Services as set out in their description.
1.14. Newsletter – means of periodic information, exclusively electronic, on the Goods, Services and/or Promotions carried out by the Seller in a given period, without any commitment on the part of the Seller with reference to the information contained therein.
1.15. Link – link between documents/modules/pages belonging to the Site (internal links) or between the Site and other relevant sites outside the Site (external links).
III. THE OFFER AND AGREEMENT CONCLUSION
3.1. By registering and Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its business operations.
3.2. The notification received by the Buyer after the Order has been placed is for information purposes only and does not represent acceptance of the Order. This notification shall be sent electronically (e-mail) or by telephone to the dates indicated by the Buyer
3.3. For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in the Order, in order to decrease their number. In such a situation, the Seller shall notify the Buyer at the e-mail address or telephone number made available to the Seller at the time of placing the Order, and shall refund proportionally part of the amount paid.
3.4. The contract shall be deemed concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, via email (electronic mail) and/or SMS, of the notification of dispatch of the Order.
3.5. The document and information provided by the Seller on the Site shall form the basis of the Contract, which may be supplemented by a warranty certificate issued by the Seller or a supplier of the Seller for the Goods purchased.
IV. SALE OF GOODS AND SERVICES
4.1. The use of the Content, including but not limited to accessing, visiting and viewing the Content, implies the User/Customer’s adherence to and acceptance of these Online Terms and Conditions.
4.2. The User/Customer may at any time revoke his/her decision to agree and/or accept the Document, in the form in which it will be available at that time, except as expressly stated in this Document. If the User/Customer/Customer does not agree and/or does not accept and/or revokes his/her acceptance of the Document, he/she must do so in writing, clearly, expressly and unequivocally, by sending an email to this effect to the Seller, at the email address: contact@retros-gallery.com. With the revocation of the acceptance for the Terms and Conditions, the User/Customer accepts that he/she renounces to: access to the Goods and/or Services offered by the Seller through the Site, receiving newsletters and/or communications from the Seller of any nature (electronic, etc.).
4.3. By way of exception, the Buyer/Customer may not revoke its agreement to comply with the Online Terms and Conditions during the term of a Contract until it has paid the consideration for all outstanding Contracts to the Seller for Products delivered and/or Services rendered under the Order honored by the Seller.
4.4. Access to place an Order is granted to any User/Purchaser.
4.5. For justified reasons, the Seller reserves the right to restrict the access of the User/Purchaser to place an Order and/or to some of the accepted payment methods, if it considers that, based on the conduct or activity of the User/Purchaser on the Site, his/her actions could in any way prejudice the Seller. In any of these cases, the User/Purchaser may contact the Seller, in order to be informed of the reasons that led to the application of the aforementioned measures.
4.6. Communication with the Seller can be made through direct interaction with the Seller or through the addresses mentioned in the “Contact” section of the Site. The Seller is free to manage the information received without having to justify it.
4.7. The Seller may publish on the Site information about Goods and/or Services and/or promotions offered by the Seller, in a certain period of time and within the limit of available stock.
4.8. All the information used for the description of the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations, etc.) does not represent a contractual obligation on the part of the Seller, as they are used exclusively for presentation purposes.
4.9. In the case of online or transfer payments, the Seller is/cannot be held responsible for any other additional costs incurred by the Customer, including but not limited to currency conversion fees applied by the bank issuing the card, if the currency of issue differs from the national currency RON, interbank fees, BNR fees, etc. The Customer is solely responsible for this action.
4.10. In the images presenting the Goods and/or Services, the Seller reserves the right to use other products/accessories etc., than those sold on the Site and which are used to create a pleasant environmental graphic, their presence in those images being only for illustrative purposes. Such products or accessories may not be included in the composition and/or costs of the Goods in question and therefore will not be delivered with them.
4.11. The information, respectively the images/pictures of the Goods on the Site are for information purposes only, and the Goods delivered may differ from their images on the Site in terms of color or shade.
4.12. The products marketed by Retros Gallery SRL are mostly unique, second-hand, restored or reconditioned pieces of furniture that have been used previously. The value of these products is given by their uniqueness and their age.
4.13. Information on each product can be found on the website www.retros-gallery.com , and the description of the condition of the product will help the Buyer to assess the condition of the product at the time of the choice. In this respect, the goods will be described as follows:
4.13.1. Product in very good condition (fully functional product, but with small traces of wear)
4.13.2. Product in good condition (fully functional product, but with minor scratches, faded finishes, minimal upholstery defects or visible reconditioning)
4.13.3. Product with minor defects (product with visible defects or small missing parts that can be reconditioned)
4.13.4. Restored product
4.13.5. Reupholstered product
4.14. The promotions/offers presented on the Site are valid within the limits of available stock. Promotions are valid for limited periods of time, usually mentioned. If no time period is mentioned, they are valid within the limits of available stock.
4.15. The presence of the Goods on the Site does NOT guarantee their existence in STOCK. Stock verification can only be done by processing the Order. If the Goods are no longer in stock, the Seller reserves the right to unilaterally cancel the order and refund the Buyer.
4.16. For his own good information, the Buyer will permanently monitor the Terms and Conditions, which may be updated, modified and completed at any time by the Seller.
4.17. In the event of any disagreement, the Terms and Conditions in force at the time the disagreement arises between the Parties and the Buyer notifies the Seller thereof in writing shall apply.
4.18. By using the Site, the User/Customer/Buyer is solely responsible for all activities that result from its use. He/she is also liable for any material, intellectual or electronic damage or any other damage caused to the Site, the Content, the Seller or any third party with whom the Seller has concluded contracts, in accordance with the Romanian legislation in force.
V. RIGHTS TO THE CONTENT OF THE SITE
5.1. The Content, as defined herein, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of the Seller, to which the Seller reserves all rights obtained in this regard directly or indirectly (through licenses of use and/or publication).
5.2. The User/Customer/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by the Seller, include any Content outside of the Site, remove any marks signifying the Seller’s copyright in the Content and participate in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying the Content, except with the express written consent of the Seller.
5.3. Any Content to which the User/Customer/Purchaser has and/or obtains access by any means whatsoever is subject to the Document, if the Content is not accompanied by a specific and valid use agreement entered into between the Seller and the User/Customer/Purchaser, and without any implicit or express guarantee made by the Seller with reference to that Content.
5.4. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying User Agreement, if any, is prohibited.
VI. ORDERS AND PAYMENTS
6.1. The Customer/Shopper can place Orders on the Site, by adding the desired Goods and/or Services to the Shopping Cart, and then complete the Order by making payment by one of the methods expressly indicated on the Site. Once added to the Cart, a Good and/or Service is available for purchase to the extent that there is stock available for it. The addition of a Good/Service to the Cart, in the absence of the completion of the Order, does not entail the registration of an Order, nor the automatic reservation of the Good/Service.
6.2. In order to complete an order, the Buyer must fill in all the fields in the form on the website. By completing the Order, the Buyer guarantees that all the data provided by the Buyer, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
6.3. By completing the Order, the Buyer consents that the Seller may contact the Buyer, by any means available / offered by the Seller, in any situation where it is necessary to contact the Buyer, within 48 hours to confirm the order.
6.4. The Seller may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without any subsequent obligation of either Party to the other or without either Party being entitled to claim damages against the other in the following cases:
non-acceptance by the Buyer’s card-issuing bank of the Transaction in the case of online payment;
invalidation of the Transaction by the card processor approved by the Seller, in case of online payment;
the data provided by the Customer/Purchaser on the Site is untrue, incomplete and/or incorrect;
6.5. If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the Seller shall inform the Customer/Buyer of this fact and shall return to the Buyer’s account the value of the Good and/or Service within a maximum of 14 (fourteen) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed its intention to terminate the Contract.
6.6. The prices of the Goods and Services displayed on the Site www.retros-gallery.com are in lei (RON) and/or EURO including VAT according to the legislation in force. The price of Goods is highlighted separately from the price of Services. The invoicing of the Goods and/or Services purchased is made using the information provided by the Buyer in the form provided for this purpose, which can be found on the Site. The Seller is not responsible for the accuracy of the information provided by the Buyer for the invoice.
6.7. Price, payment method, payment term, delivery term are specified in each Order. The Seller will issue the Buyer an invoice for the Goods and/or Services delivered, the Buyer’s obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
6.8. The Seller shall send to the Buyer the invoice for the Order containing Goods and/or Services sold by the Seller, as well as for any other payments related to the Order, and in electronic format, by adding the invoice to the Buyer’s Account or by e-mail, to the e-mail address mentioned by the Buyer in his Account or by sending it at the time of delivery of the product.
6.9. For a correct communication of the invoice related to the Order, the Buyer has the obligation to update whenever necessary the data in the Account and to communicate them by e-mail to the Seller and to access the information and documents related to each Order, existing in the Account.
6.10. In case the Customer chooses to pay the price through the online payment system or by bank transfer with a Payment Order, in order to purchase any Good or Service on the Site, the Seller will not deliver the Good purchased/ordered on the Site, until the Price of the Good and/or Services enters the Seller’s account. In the event that the Price of the Good and/or Services does not enter the Seller’s Account within 15 calendar days from the date of the Order, the Order will be cancelled and will be deemed not to have existed, the Seller being exonerated from any liability of any nature whatsoever towards the Client.
VII. TRANSPORT AND DELIVERY OF GOODS
7.1. Upon delivery of the Goods, the Good or Goods may be accompanied by a number of documents, insofar as Retros Gallery SRL holds them, as well as any other document required by the legislation in force at the time of delivery.
7.2. The Seller undertakes to deliver the ordered and purchased Goods directly or by means of a transport company as soon as possible or within a maximum of 30 days from the date of the Order.
7.3. Delivery times are assumed by the Seller, with the exception of legal holiday periods (e.g. Easter, Christmas, etc.), Black Friday promotions or other campaigns, when the processing and delivery of an Order may take longer. The Seller reserves the right to delay or cancel deliveries of Goods purchased online if they cannot be fulfilled for reasons beyond the Seller’s control, such as force majeure.
7.4. The Seller shall ensure proper packaging of the Goods and shall ensure the transmission of the documents accompanying the Goods. The Seller shall deliver the Goods and perform the Services only within the territory of the Member States of the European Union. If the Goods are to be delivered at different delivery times, all the Goods shall be collected and delivered at the same time, at the longest time provided for in any of the Orders of the same Buyer.
7.5. In order to complete the delivery process, after visual inspection of the Goods, the Buyer will sign the delivery document which will be provided by the Seller’s representative/employee of the delivering transport company.
7.6. We recommend that you check the integrity of the packaging of the Goods upon delivery with a representative of the Seller or the transport company before signing the document certifying delivery.
7.7. At the time of receipt of the Goods from the carrier or from the seller’s representatives, you must mention on the shipping documents if: the boxes of the Goods are damaged, dirty, broken or incomplete in order to make the process of replacing the Goods/sub-assembly of that Good more efficient, if applicable.
7.8. Delivery does not include assembly. Therefore, defects resulting from improper assembly cannot be imputed to the Seller.
7.9. Delivery implies transport of the Goods to the address requested by the Buyer. If the Seller’s representatives, the transport company considers that it is possible that the delivery to the place indicated by the Customer is likely to damage the Goods, they will inform the Customer in this regard and will record the issues raised in the delivery document. The Customer has the right to accept the delivery ignoring the reported aspects, but in this situation, the Seller is exonerated from any responsibility regarding the possible damage of the Goods. The transport company is not obliged to deliver the Goods within the location.
VIII. WARANTY OF GOODS
8.1. The goods sold by the Seller benefit from warranty conditions according to the legislation in force and the commercial policies of the Seller. Goods purchased through the Site will be accompanied by warranty certificates upon delivery. At the Customer’s request, warranty certificates can also be sent by email.
8.2. Products with physical defects such as: dents, cracks, chipping, burnt or cracked components/parts, etc., incorrect assembly, exposure to high temperature and pressure variations, mechanical shocks, incorrect handling, use of the products in humid, dusty or noxious conditions or under the action of chemical substances, etc., penetration of liquids, metals or other substances inside the products, mechanical or plastic intervention on the products are not covered by the warranty.
X. DECREASE IN THE VALUE OF RETURNED GOODS
10.1. Since in the case of distance sales the Buyer does not have the possibility to inspect the Goods before the conclusion of the Contract at a distance between the Parties, the Buyer has the right to withdraw from the Contract. For the same reason, the Buyer is allowed to inspect the Goods it has purchased to the extent necessary to ascertain the nature, characteristics and functioning of the Goods.
10.2. In order to ascertain the nature, characteristics and operation of the Goods, the Buyer must handle and inspect them in the same manner as it would be permitted to do in an actual physical store. For example: the Buyer should only try on a furniture product, accessory product (e.g. mattresses, pillows, etc.) not use it as an accessory at a party or under heavy traffic/use conditions;
10.3. The Buyer shall be liable for any diminution in value of the Goods resulting from handling or other actions contrary to the recommendations for use and maintenance, other than those necessary to determine the nature, qualities and normal functioning of the Goods.
10.4. If the Buyer exercises the right of withdrawal after having used the Goods to an extent exceeding the limit necessary to establish their nature, characteristics and functioning, the Buyer shall be liable for any diminution in the value of the Goods.
10.5. The accessories in the box of the Good and its original packaging are an integral part of the Good. If a Good consists of several components/modules (e.g. modular furniture products, etc.), all these components are part of the Good. As a result, the Buyer is obliged when exercising its right of withdrawal from the Contract to return the Goods, as far as possible, in the original undamaged packaging, protected by wrapping with stretch plastic packaging film or packed in a cardboard box (without labels stuck on it, without cuts, tears, etc.) and together with all its components and accessories. If the Goods have been delivered palletized, in order to comply with environmental obligations, the Buyer shall also return the pallet together with the Goods.
10.6. Returned goods showing signs of use or wear (stains, scratches, dents, cracks, dents, discoloration, breakage, missing components and/or accessories, etc.) will be accepted for return only after they have been brought into conformity, involving the costs of sanitation, cosmeticizing, repair, replacement of any damaged parts and bringing them to a commercial form for sale as Reconditioned Goods. The final value shall be determined by the Seller according to the value of the parts to be replaced and the reconditioning labor or as the difference between the original value of the new Good and the resale value of the used Good and shall be communicated to the Buyer by e-mail.
10.7. Any diminution in the value of the Goods resulting from their handling, other than that necessary to determine the nature, qualities and functioning of the Goods, is the responsibility of the Buyer. For clarity, from the total price of the returned Goods, the Seller shall retain an amount of money representing the diminution in value of the Goods and, if applicable, the value of the return shipment. The amount of the reduction fee and – if applicable – the value of the return transport will be communicated to the Buyer after the qualitative and quantitative acceptance of the returned Goods. If the Buyer does not accept this reduction, the Seller may send the Product back to the Buyer on condition that the Buyer pays the freight charges.
XI. PRIVACY
11.1. The seller will keep confidential the information of any nature you provide. Disclosure of the information provided will only be possible under the conditions mentioned in these Terms and Conditions.
11.2. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by Buyer/Customer with respect to the Order/Contract without Seller’s prior written consent.
11.3. By submitting information or materials through this Site, you grant and allow Seller unrestricted and irrevocable access to, and the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that Seller may freely use, for its own purposes, any such information, ideas, concepts, know-how or techniques that you submit to us through the Site. The Seller shall not be subject to any obligations concerning the confidentiality of the information sent, unless the legislation in force provides otherwise.
XII. LIABILITY
12.1. The Seller shall not be liable for damages of any kind which the Buyer or any third party may suffer as a result of the Seller’s performance of any of its obligations under the Order nor for damages resulting from the use of the Goods and/or Services after delivery and in particular for loss thereof.
12.2. By creating and using the Account, the 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, being responsible for the activity carried out through his/her Account.
12.3. By creating the Account and/or using the Content and/or placing Orders, the User/Customer/Buyer expressly and unequivocally accepts the Terms and Conditions displayed on the Site in the latest updated version that is communicated on the Site, existing at the date of creating the Account and/or using the Content and/or placing the Order.
12.4. Seller reserves the right to periodically update and modify the Terms and Conditions posted on the Site to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements. The document is binding on all Users/Customers/Buyers from the moment of posting on the Site. In the event of any such changes, we will display on the Site the amended version of the Terms and Conditions, which is why we ask you to periodically check their content.
12.5. The Seller is not responsible for the content, quality or nature of other sites reached through links in the Content, regardless of the nature of such links. For those sites, the liability is borne entirely by their owners.
12.6. The Seller is exonerated from any liability in case of use of the Sites and/or Content transmitted to the Customer, by any means (electronic, telephone, etc.), via the Sites, e-mail or an employee of the Seller, when this use of the Content may cause damage of any nature to the Customer and/or any third party involved in this transfer of Content.
12.7. The Seller does not guarantee the User/Customer access to the Site or to the Goods and/or Services, unless the User/Customer registers by completing the registration steps on the Site (registering a User/Customer Account on the Site).
12.8. The Seller shall not be liable for damages of any kind and nature whatsoever caused by the destruction of the purchased Goods and/or direct or indirect damages caused to other goods or persons by the purchased Goods, for which the Customer/Purchaser has ensured the assembly, by its own or subcontracted means, in violation of the assembly instructions and/or the provisions of the warranty certificate related to each individual Good, or those related to health and safety at work.
XIII. PROCESSING OF PERSONAL DATA.COOKIES
13.1. Please read the Privacy Policy regarding the processing of personal data, which forms part of these Terms and Conditions. Please review the Cookies Policy, found on the www.retros-gallery.com website.
XIV. FORCE MAJEURE
14.1. Neither Party shall be liable for non-performance of its contractual obligations, if such non-performance on time and/or properly, wholly or in part is due to an event of force majeure. Force majeure is an unforeseeable event, beyond the control of the Parties and which cannot be avoided.
14.2. If within 15 (fifteen) days from the date of occurrence, the event does not cease, each party shall be entitled to notify the other party of the termination of the contract without either party being entitled to claim any further damages.
XV. APPLICABLE LAW – JURISDICTION
15.1. This Document is subject to Romanian law. In case of any disagreement between the Seller and the User/Purchaser/Customer, the provisions of these Terms and Conditions shall apply.
15.2. Any disputes arising between the Seller and Users/Buyers shall be settled amicably. In the event that the amicable settlement of these disputes is not possible within a maximum period of 15 days from their beginning, the disputes will be settled by the competent Romanian Judicial courts at the Seller’s headquarters.
15.3. By using/visiting/viewing etc. the Site and/or any Content sent by the Seller to the User/Customer/ by accessing and/or sending by any means (electronic, telephone etc.), the User/Customer/ agrees to and accepts the provisions of these “Terms and Conditions”.
15.4. If any of the foregoing provisions shall be determined to be void, invalid, unenforceable, or illegal for any reason whatsoever, it shall not affect the validity of the remaining provisions of these terms and conditions.
