Terms and Conditions

  1. Definitions

1.1 In this document, the following terms shall have the meanings specified below, unless the context indicates otherwise:

Artinfactory – represents the legal entity MITRAN DAVID-SHADI P.F.A., a Romanian national, with registered office at 13 Septembrie Avenue, Sector 5, Bucharest City, Postal Code: 050713, VAT number RO48105044, registered under number F40/206/19.01.2022.

Site – Represents the website owned by Artinfactory, accessible at www.artinfactory.com, through which the User has access to information about the services and products offered by Artinfactory.

Service – exclusively online commerce service conducted on the publicly accessible sections of the Site, allowing the Customer to purchase products and/or services using exclusively electronic means, including other means of distance communication (telephone).

Seller – Artinfactory.com

Buyer – can be any individual aged over 16, or a legal entity, who creates an account on the Site and places an order.

Client – Represents an individual aged over 16 who accesses the Site through any means of communication (electronic, telephone) for private or professional purposes and requires the creation of an account.

User – Represents an individual aged over 16 who accesses the Site through any means of communication (electronic, telephone) for private or professional purposes and has accepted the TERMS AND CONDITIONS of this Site, fulfilling all registration requirements.

Account – a combination of an email address and a password that allows a single User access to restricted areas of the Site, granting access to the Service.

Favorites – Allows the Buyer/User to create a list of Products and Services they wish to monitor for potential purchase.

Cart – Section of the Account that allows the Buyer/User to add Products or Services they wish to purchase at the time of adding or at a later time;

Order – an electronic document generated as a result of the Customer accessing the Site, through which the Customer communicates their intention to purchase Products and Services from the Site to Artinfactory.

Products and Services – any product or service listed on the Site, including the products and services mentioned in the Order, to be provided by the Seller to the Buyer following the concluded Contract.

Campaign – the action of exclusively electronically displaying a finite number of products with limited and predefined stock for a limited period of time established by Artinfactory.com for commercial purposes via the Site.

Content – represents:

  • all information on the Site that can be visited, viewed, or otherwise accessed using electronic equipment;
  • the content of any email sent to Customers or Users or by an Artinfactory employee via any electronic means and/or any other available means of communication;
  • information related to the products, services, and/or rates practiced by Artinfactory in a specific period
  • data related to Artinfactory, or other privileged data of Artinfactory.

Review – a way for the beneficiary or holder of a Product or Service to express their evaluation through written feedback.

Document – These Terms and Conditions

Transaction – the receipt or refund of an amount resulting from the sale of a Product and/or Service by Artinfactory to the Customer, using the services of the card processor approved by the Seller, regardless of the delivery method.

Description – all descriptions of the Products.

  1. Online Sales Policy

2.1 Access to place an Order is allowed to any User/Buyer.

2.2 All information used to describe the Products and/or Services available on the Site (static/dynamic images/multimedia presentations, etc.) does not constitute a contractual obligation on the part of Artinfactory; they are used exclusively for presentation purposes.

2.3 Promotions/Offers on the Site are valid for a certain period of time and within the limits of available stock.

2.4 By placing an Order on the Site, the Customer agrees to the form of communication (telephone or email) through which Artinfactory conducts its operations on the Site.

2.5 The notification received by the Customer immediately after placing the Order serves as information and does not constitute Order confirmation. This notification is sent electronically (via email) or by phone.

2.6 For justified reasons, Artinfactory reserves the right to modify the quantity of Products and/or Services in the Order. If we modify the quantity of Products and/or Services in the Order, we will notify the Customer at the email address or phone number provided to Artinfactory when placing the Order, and we will refund the amount paid.

2.7 Artinfactory does not consider an Order unconfirmed by Artinfactory as having the value of a Contract.

2.8 The Contract comes into force upon confirmation of the Order by Artinfactory.

2.9 All prices for products or services presented on the site are expressed in Romanian Lei (RON).

2.10 In the case of online payments, Artinfactory cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank if its currency differs from RON. The responsibility for this action lies solely with the Buyer.

2.11 Delivery details for products, including but not limited to delivery time, are not a contractual obligation on the part of Artinfactory.com, without either party being able to claim damages from the other if either party is or has been prejudiced in any way by the violation of these terms.

The document and information provided by Artinfactory on the Site form the basis of the Contract thus concluded.

The Terms and Conditions of use may be modified at any time by updating this Site, and these modifications become mandatory and effective immediately for all Users/Customers.

  1. Order

3.1 The Customer/User can place Orders on the Site by adding the desired Products and/or Services to the shopping cart and finalizing the Order by making payment using one of the specified methods.

3.2 Once added to the shopping cart, a Product and/or Service is available for purchase as long as there is stock available. Adding a Product/Service to the shopping cart, without completing the Order, does not constitute Order registration, and therefore, does not automatically reserve the Product/Service.

3.3 By completing the Order, the Customer consents that all data provided by them, necessary for the purchasing process, are accurate, complete, and true at the time of placing the order, referred to in this document as the issued order.

3.4 By completing the Order, the Customer consents that Artinfactory may contact them through any means available/agreed upon by Artinfactory, in any situation requiring Customer contact.

3.5 Artinfactory may unilaterally cancel the Order placed by the Customer, following prior notification sent to the Customer, without any subsequent obligation of either party towards the other, or without either party being able to claim damages from the other, in the following cases:

Non-acceptance by the issuing bank of the Customer’s card transaction in the case of online payments;

The invalidation of the transaction by the card processor approved by Artinfactory, in the case of online payments;

The data provided by the Customer on the Site is incomplete, and/or incorrect;

The Customer/User’s behavior may raise suspicions regarding the issuing bank or Artinfactory’s security.

3.6 Artinfactory is not responsible for and cannot be held liable for any damages of any kind that the Customer or any third party may suffer as a result of Artinfactory fulfilling any of its obligations according to the Order and for damages resulting from the use of Products and Services after delivery, especially for their loss.

3.7 Artinfactory reserves the right to withdraw any Product and/or Service from the Site, and/or change any Content of the Site, at any time, without prior notice, without any subsequent obligation of either party towards the other, or without either party being able to claim damages from the other.

3.8 Upon delivery, the Customer is obliged to check the integrity of the package in the presence of the courier. If necessary, the Customer must notify Artinfactory and the courier of any anomalies.

  1. Shipping

4.1 Delivery of products/services purchased is made through a fast courier company. The fast courier company processes the personal data of Artinfactory Customers exclusively for the delivery of products purchased from the company’s website and only in strict compliance with these Terms and Conditions of Artinfactory. Also, third-party partners of the fast courier company, mandated to fulfill transport services, which process personal data of Artinfactory Customers, are obliged to strictly comply with the terms and conditions of the law on the safety of personal data processing and the present Terms and Conditions of Artinfactory. In this regard, the fast courier company can contact Artinfactory Customers through any means of communication (email, phone, SMS) within the limits and for the purpose provided for in this article.

4.2 Artinfactory takes responsibility for adequate packaging of the Products and ensures the transmission of accompanying documents for the delivery of the Products.

4.3 If Artinfactory cannot execute the Contract because the Product is not available, Artinfactory will inform the Customer about this situation.

4.4 Delivery details for the Products/Services, including but not limited to delivery time, are not a contractual obligation on the part of Artinfactory, without either party being able to claim damages from the other if either party is or has been prejudiced in any way by the violation of these terms.

  1. Transfer of Ownership of Products

5.1 Unless otherwise agreed by Artinfactory and the Customer, ownership of the Products will be transferred upon delivery, after payment by the Customer at the location indicated in the Order (understanding by delivery – signing the transport document provided by the Courier).

  1. Return

6.1 According to Emergency Government Ordinance 34/2014, Art.16, para.(c), the right of withdrawal provided for in Articles 9-15 regarding distance contracts and contracts concluded outside commercial premises does not apply to the following: (c) the supply of products made to the consumer’s specifications or clearly personalized.

  1. Intellectual Property Rights

7.1 The information published on Artinfactory.com belongs to the website; therefore, this information cannot be published, transmitted, or copied by any method without the prior written consent of MITRAN DAVID-SHADI P.F.A.. Non-compliance with these conditions is punishable under the applicable law. Any violation of copyright can be reported to the email address [email protected].

  1. File Ownership: permissions, responsibility, restrictions

8.1 MITRAN DAVID-SHADI P.F.A. does not claim ownership of the content of the files uploaded by the User/Customer through our product customization services. The User/Customer is solely responsible for the files uploaded to the Artinfactory.com website.

8.2 By using our product customization services, the User/Customer guarantees that they have all necessary permissions for each file (images, videos, etc.), including copyright and other intellectual property rights, to distribute, transfer, store, and/or make them available as part of the customization services offered by Artinfactory.com.

8.3 By uploading files within the customization of the Products, the User/Customer agrees to comply with the following conditions:

The Customer agrees not to transfer, distribute, or store files that:

  • are obscene, defamatory, slanderous, profane, indecent, or illegal;
  • contain child pornography;
  • promote racism, violence, or hatred;
  • are false or misleading;
  • violate or appropriate intellectual property rights, privacy rights, including personal data protection rights, and/or any other rights;
  • violate any applicable law or regulation;
  • constitute “hate speech” regardless of whether it is addressed to an individual or a group and whether it is based on the race, gender, nationality, religious affiliation, sexual orientation, or language of such an individual or group;
  • promote gambling or the sale/use of alcoholic beverages, tobacco products, or illegal drugs.
  1. Writing Reviews

9.1 Reviews can be written by Users/Customers/Buyers in the “Reviews” section. The information entered can be both positive and negative and will refer to the characteristics and use of a product or service.

9.2 When registering a specific Review, Users/Customers/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, unlimited territorial license and grant the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute, and display this content.

9.3 When registering a specific Review, the User/Customer/Buyer agrees to comply with the following conditions:

Refer only to the ordered products, avoiding information related to aspects that may change (price or promotional offers);

Use appropriate, non-offensive language, without terms that could offend or affect any other User/Customer/Buyer in any way;

Do not violate or appropriate intellectual property rights, privacy rights, including personal data protection rights, and/or any other rights;

Do not provide or request, in any way or to any extent, personal data (contact details, information about the delivery or home address, phone numbers, email addresses, names and/or surnames, etc.) or any other information that may lead to the disclosure of such personal data;

Do not violate any applicable law or regulation;

9.4 When a Review is reported by a User/Customer/Buyer as having inappropriate content from a strictly subjective perspective, this content is carefully examined by the Seller to determine if it violates the Site’s Terms and Conditions. The texts, photographs, or videos entered are removed from the Site only after examination by the Seller.

  1. Liability

10.1 Artinfactory cannot be held responsible for any damages of any kind that the Customer or any third party may suffer as a result of Artinfactory fulfilling any of its obligations according to the Order and for damages resulting from the use of Products and Services after delivery, especially for their loss.

  1. Personal Data Processing

11.1 Artinfactory processes personal data within the Site www.Artinfactory.com. The conditions under which personal data processing takes place can be accessed in the Privacy Policy, which is part of this Document.

  1. Final Provisions

12.1 By accessing/using the Site, the User/Client/Buyer agrees to the Terms and Conditions of the Site.

12.2 Artinfactory reserves the right to make changes to these provisions, as well as any changes to the Site/its structure or to any other content within the Site, without requiring any prior notice.

12.3 If any provision of this Agreement is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

12.4 This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all other agreements and understandings, whether oral or written.

12.5 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.