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Terms and conditions

Definitions

The terms and conditions are applied to all goods and service purchases fulfilled by S.C. LUCAS IMPEX S.R.L., through its online store www.pictorshop.ro, known as Seller, for the Buyer and can be modified only with the mutual and written agreement of both parties.

Seller – the S.C. LUCAS IMPEX S.R.L. company, based in Tulcea, str. Elizeului, nr.44, with identification number RO7591729, registration number J36/538/1995.

Buyer – any physical person or company that places an Order.

Goods and Services – any product or service, including documents and services mentioned in the Order, that are due to be delivered by the Seller to the Buyer.

Order –  electronic document,  as a mean of communication between the Seller and the Buyer, through which the Seller agrees to deliver Goods and Services to the Buyer and the Buyer agrees to receive the Goods and Services from the Seller and pay their value.

Contract – the order confirmed by the Seller.

Intelectual property – all rights non-material, such as the know-how, copyright, database rights, projection rights, model rights, patents, trademarks and the registration of web domains for any of the above.

Specifications – all the Goods and Services speficications and descriptions, as presented in the Order.

Contractual documents

By placing a telephone or online order on www.pictorshop.ro, the Buyer agrees with the communication mean (telephone or email) through which the Seller will run the operations.  

Order contains the following documents:

a. Order (together with clear notes regarding billing and delivery details) and its specific conditions

b. Buyer’s specifications (if applicable)

c. Terms and conditions

If the Seller confirms the order, this implies full agreement on terms and conditions. The Seller’s acceptance of the order is complete when there is a verbal (on the telephone) or written (e-mail) confirmation from Seller to Buyer. The Seller does not classify an unconfirmed order as a Contract.

This Contract becomes available when the Order is confirmed by the Seller. The confirmation is made over the telephone or electronically (e-mail).

Other commitments

a. The Seller will make use of his/her professional and technical knowledge to satisfy the Order and deliver the Goods and Services in agreement with the Buyer’s requests.

b. Information presented on www.pictorshop.ro has an informative character and can be modifies by the Seller, without prior notice. As well, for space reasons and the coherence of the information’s structure, the product descriptions can be incomplete, but the Seller has the best intentions to present the most relevant specifications, so that the product can be used in appropriate conditions;

c. Communication with the Seller – the Buyer can express his/her opinions regarding the Goods and Services through the “Comments” section or the “Contact us” form. Comments using inappropriate language will be eliminated. The Seller has the freedom to manage the received information without justification.

Cession and outsourcing

The Seller can cession / outsource a third party for services regarding order processing, communication with the Buyer, without his/her agreement. The Seller is always responsible against the Buyer for all contractual obligations.

Intellectual and industrial property right (IPR)

The Buyer understands the intellectual property and will not disclose to any third party or make public (on the internet or media), none of the notifications received from the Seller.

Website’s name, its content and graphic design are property of S.C. LUCAS IMPEX S.R.L. and cannot be taken into possession, copied or used, without written agreement from the Seller.

Confidentiality

Any kind of information supplied by the Buyer to the Seller will remain under the Seller’s property. It can be used only to fulfil the contract and can be made public only with the written agreement of the Buyer and only after accepting  a confidentiality agreement from the other party.

The Buyer cannot make any public allegation, promotion, press release or other method of disclosure to a third party without prior written agreement from the Seller.

Personal data protection

According to 677/2001 law, dealing with person’s protection regarding personal data protection and the free movement of data – modified and updated, the Seller commits to manage in complete safety and only within the specified intent, the personal data supplied by the Buyer.

The objective of data collection is: to inform users / customers upon their account status on www.pictorshop.ro, order processing and status, goods and services evaluation, commercial activities, promotion of goods and services, marketing, advertising, development, market research, statistics, tracking and monitoring of sales and buyer’s behaviour.

Cookies policy

This policy refers to coockies and web pages managed by the Seller.

Cookie is a small size file, containg letters and numbers, which is stored on the Buyer’s computer, the mobile terminal or other equipments which are used to access the internet. A cookie is installed upon a web browser’s request (e.g. Internet explorer, Chrome) and is fully “passive” (does not contain software, viruses or spuware, cannot access Buyer’s hardware information).

Delivery and payment terms

In case the delivery term and/or start of Order cannot be kept, the Seller commits notify the Buyer regarding the estimated delivery date.

In case the Seller receives wrong information regarding the order billing or delivery, a new delivery deadline will be established, no longer than 3 working days.

Price, payment and delivery method are specified in the Order. The Seller will issue the Buyer a bill for the purchased Goods and Services and the Buyer commits to supply all the necessary information for billing.

The Seller is obliged to deliver door-to-door the Goods and Services using express courier services.

The Seller hands over the risks and responsibilities associated to the Goods and Services the moment the Order is delivered to the express courier company the Seller works with or specified by the Buyer.

Acknowledgement

Acknowledgement is complete when the Goods and Services meet the specifications mentioned in the Order. In case the Buyer discovers that delivered Goods or Services are not meet the requested specifications, he/she will notice the Seller to bring them in accordance. For Goods and Services not meeting the specifications, the Buyer can ask to return the Goods and Services.

Purchase withdrawal

The buyer has the right to withdraw from a purchasing contract, without justification and without bearing additional charges but the charges mentioned in the 13th article (3) and 14th article of G.U.O number 34/2014, within 14 days starting from the receipt of the product. The buyer is charged for delivery of the returned goods.

Purchase withdrawal is applicable only to physical persons and only for products delivered by express courier.

In case products are purchased from a physical store, or the purchase is made by a legal person (disregarding the delivery method), the return deadline is 5 days. Under special circumstances, the seller can accept returns after 5 days from purchase, but the buyer will be chaged between 10% and 25% of the returned product’s value.

The products need to be returned within 5 days from the receipt of return confirmation.

The product needs to be returned in same condition as delivered (original packing, with all accessories, untorn labels and accompaning documents). Returned products which present physical alterations, hits, scratches, socks, marks of excessive and/or unauthorised interventions etc. will not be accepted.

Contracts within the following categories cannot be denounced:

a.  Products which present physical alternations, hits, scratches, socks (not notified within the first 48 hours after product receipt). A new product is delivered after the receipt and check of the returned product, within 14 days;

b. Goods on special orders;

c. Small or large, used, installed or with usage marks equipments

d. The supply of digital content, which is not delivered on a material support

The buyer has to inform the seller regarding his/her decision to withdraw from a contract in written, by email at office@pictorshop.ro , by mail at S.C. LUCAS IMPEX S.R.L., Tulcea, 44 Elizeului Street, or by fax at 0240 510388.

Within 48 working hours from the notification’s delivery, the buyer receives a receipt confirmation and details regarding his/her request.

Return and express courier delivery costs for the returned product are charged to the buyer, if he/she withdraws from the purchase within 14 days from the product’s receipt.

In case the returned product is in a condition with makes impossible its reselling as a new item, the seller will charge a fee to rehabilitate (if possible) the returned product or to cover the price difference between the sale of the product in second-hand and new condition. Alternatively, the product can be returned again to the buyer, the later being charged again for express courier delivery service.

Reimbursement is done in maximum 14 days from the moment the buyer withdraws from purchase and notices the seller; disregarding the payment method used to purchase the product, the reimbursement is transferred to the buyer by wire transfer.

Warranty

All products sold by the Seller are granted warranty conditions under the present legislation and commercial policies of the manufacturers. The products are in new condition and originate from authorised sources, from each individual manufacturer.

In case of the Goods and Services sold and delivered by the Seller, the warranty certificates can be issued directly by the manufacturer or the Seller itself.

The lack of warranty certificate must be noticed within 48 hours from Goods receipt, at office@pictorshop.ro. Any subsequest notification will not be taken into account.

Property transfer

The property over the Goods and Services is transferred the moment the Buyer receives the order delivered in the location indicated in the Order (by delivery is meant – sign receipt supplied by the express courier agent / sign invoice when the Order is picked personally). In case of courier delivery, the express courier agent is not authorised by the Seller to allow the Buyer to open the Order before signing the receipt notice, but only after signing the receipt notice and payment of the Goods – if applicable.

Accountability

The Seller cannot be accounted responsible for any kind of loss the Buyer or any other third party might suffer as result of the fulfilment of the Seller’s obligations, according to the Order, nor loss as  result of usage of the Goods and Services after delivery, especially in case of products’ loss.

The Seller is liable in case of outsourcing and/or any kind of partners involved in the implementation of the Order do not fulfil any of the contractual obligations.

Act of God

No party is held accountable for lack of implementation of contractual obligations, if this is caused by an act of God event. The act of God is an unforeseen event, outside parties’ control and cannot be avoided.

Applicable law

The present contract is under the Romanian law. Eventual disputes arise between the Seller and Buyer will be handled in amiable manner, in case this will not be possible, the disputes will be solved by Romanian law authorities.

Various provisions

Contract parties are considered independent and no party will be given the right or authority to assume or create any obligation at/against the opposite party. Terms and conditions of the present contract replace other prior agreements, oral or written, between the parties, regarding the subject of the present Contract and cannot be modified or changed without written agreement from both parties.