T e r m s o f U s e

1. Preliminary information

   1.1. By accessing and using this Website, you accept, without limitations or restrictions, these terms and acknowledge that any other agreements between you and CRAMELE STOKER SRL mentioned hereafter as “Holder” or “Owner“), are fully subject to these Terms and Conditions.

   1.2. “Terms and Conditions” constitute the legal agreement between you as the Customer and the Holder, and pertain to the use of the Website, ordering products/services, accessing and using the Website’s features, etc. For proper use of the Website, we recommend that you read these Terms and Conditions in advance. Accessing and visiting the Website, registering a user/client account, as well as placing an Order, implies the complete and unconditional acceptance of these Terms and Conditions.

   1.3. The terms and conditions may be modified at any time without prior notice. The modifications and information regarding their validity will be posted on this site to inform the users. Users must adhere to the rules, rights, obligations, procedures, etc. provided by the Terms and Conditions in the valid format at the time of interaction with the Website, without any obligation on the part of the Holder to individually inform them of updates and/or modifications. If you do not agree to abide by these Terms and Conditions, even partially, please do not use the Website. Similarly, if at any time these Terms and Conditions are no longer accepted by you, please immediately cease accessing and using the Website.
   
   

2. Definitions of terms
   • Order – a form of communication between the Holder and the Customer whereby the latter expresses their intention to purchase the Products and/or Services marketed through the Website.
   • Account – the personalization of a section of the Website by entering an email address and a password, which contains information about the Customer. Creating such an Account is an option for Users/Customers. The data entered when creating the Account will remain confidential for its entire duration of existence.
   • Contract – represents the distance contract concluded between the Holder and the Customer without the simultaneous physical presence of the parties, a contract that is concluded after careful reading and acceptance of these Terms and Conditions.
   • Customer/Buyer – any natural person, at least 18 years old (21 for U.S. citizens), with full legal capacity or any legal person/entity, who creates or does not create an Account on the Website and/or places an online Order.
   • Document/Usage Policy/Terms and Conditions – this Usage Policy regarding the terms and conditions of using the Website, also referred to as “Terms and Conditions” “T&C”, or “Policy” which will govern the contractual relationship between the Holder and Users and/or Customers and will be interpreted in accordance with Romanian law. Any non-conformity or invalidity of a part or clause of the Terms and Conditions with other applicable legal provisions does not affect the validity and legality of the other provisions of the Policy.
   • Product – any good or service that can be traded and/or provided in accordance with the law, which does not violate the limits imposed by these Terms and Conditions and is offered by the Holder through the Website.
   • Processing of personal data – please refer to the Personal Data Processing Policy – GDPR Policy.
   • User – any person accessing the website and/or placing an order, even without creating an account on the site.
   • Website/Site – represents the website www.madero-furniture.ro as well as any section or subsection thereof. Websites and/or internet pages or other components thereof that belong to third parties and are accessed by Users/Clients through links or referrals available on the Site are not subject to, nor fall within the scope of, this definition.
   • Holder/Seller – CRAMELE STOKER SRL, with its registered office in …………………………., registered with the Trade Register under no. ……………., VAT ID …………….., phone number ……………., email [email protected], bank account ………………., opened at ……………
     
     
3. Terms of use
   3.1. Although we make every effort to ensure that the experience on the Site is safe and optimized, we cannot guarantee that, due to the conduct of third parties beyond our control, the Website, the servers on which it is hosted, or the emails sent from the Site may not contain viruses or other potentially harmful information. The User/Client uses the Website at their own risk, and the Holder shall not be liable for any direct or indirect damages arising from the use or access/visitation of the Website or as a result of using the information on the Website.

   3.2. The published information is accurate at the time of its posting on the Website or the updating of various pages of the Website. Information regarding the availability of stocks or products may not always be up to date, and there may be errors or communication delays between the Site and the programs that keep track of available stocks.

    

4. Copyright

   4.1. The Holder owns full and complete title to the files, photos, and materials published on the Website, as well as all intellectual property, industrial property rights, etc. derived therefrom. There may be situations where the Holder does not fully own the property rights or some intellectual, industrial, or commercial property rights with regard to the files, photos, materials, etc. published on the Website, but only has the right to use them. Regardless of the situation, you do not have permission to commercialize, redistribute, or reproduce these materials, nor to decompile or modify their structure without prior consent.

    

5. Online sales policy

   5.1. All prices of products displayed on this Website are expressed in USD / EURO / Romanian Lei (RON) and include VAT. We reserve the right to modify prices as a result of changes in exchange rates or other situations that may generate certain changes affecting the value of the prices displayed on the site.

   5.2. The information used to describe the products available on the site (texts, images, multimedia presentations) does not constitute contractual obligations for us; they are used solely for presentation purposes.

   5.3. Orders placed for products published on the site and/or those that are subject to promotions offered by us at a given time will be honored only within the limits of available stock. If a specific product ordered by you is no longer available in our stock, you will be informed of this aspect.

   5.4. The contract between us and the Client/User is considered concluded at the moment of confirmation, on a durable medium (by email), of the Client’s transmitted order acceptance, following the completion of the payment.

   5.5. We recommend that you pay close attention when placing your order regarding the quantity and type of desired products.

    

6. Ordering and payment of products

   6.1. Our customers can place orders on this website by adding the desired products to the shopping cart and completing the order by making the payment through one of the expressly indicated methods.

   6.2. On this website, the payment for ordered products can be made using the following methods: online payment via bank card. Online payment via bank card is processed through the PayU/Stripe or other payment processor.

   6.3. If you have chosen the online payment method via bank card, it is necessary to fill out a form with your card information on the secure page of the payment processor.

   6.4. Payments with credit/debit cards issued under the Visa and MasterCard logos (Visa/Visa Electron and MasterCard/Maestro) are made through the “3-D Secure” system developed by entities that provide online transactions with the same level of security as those made at ATMs or in physical environments.

   6.5. “3-D Secure” ensures that no information related to your card is transferred or stored, at any time, on the store’s servers or the payment processor’s servers. This data is directly entered into the Visa and/or MasterCard electronic systems.

   6.6. No commission will be charged for payments by bank card.

   6.7. In the case of online payments, the Seller is not and cannot be held responsible for any additional costs incurred by the Customer, including but not limited to currency conversion fees applied by the issuing bank of their card if the issuing currency differs. The responsibility for these additional costs lies solely with the Customer.

   6.8. Please note that simply adding a product to the shopping cart does not automatically register the order. The order will be registered only after completing all necessary steps, and the registration will be confirmed when the customer receives the confirmation email containing all the information, details, and specifications of the products added to the cart, as well as the total costs (including delivery costs, accessories, etc.).

   6.9. Furthermore, please be aware that we will confirm the order/deliver the products using only the information provided by the Customer at the time of placing the order. Therefore, we kindly request that you pay special attention when completing the order information in the preceding steps.

   6.10. We will send the Customer the fiscal documents related to the Order only in electronic format to the email address provided by the Customer.

   6.11. Transactions are highly secure, ensuring that payments are made under the safest conditions. Card data processing is done exclusively on the payment processors’ servers. The safety of information is guaranteed by the fact that payment processors do not store the card’s confidential data but transmit them encrypted over a secure connection to the processing bank. In this way, customer information is kept safe.

    

7. Return policy

   7.1. The Buyer has the legal right (recognized by Government Emergency Ordinance 34/2014) to withdraw from the contract concluded with the Seller within a period of 14 days from the date of receiving the ordered products. To exercise this right of “reconsideration” there is no need to provide any justification for the decision to withdraw from the contract.

   7.2. The right of withdrawal can be exercised as follows:
   7.2.1. Either by an explicit and unambiguous statement sent by email to the address [email protected] within 14 (calendar) days from the receipt of the purchased products, clearly indicating the order number and the Buyer’s data.
   7.2.2. Or by completing and submitting the online Return Form available here.

   7.3. Within the same 14-day period, calculated from the date on which the decision to withdraw was transmitted, the affected products must be returned to the Seller at the address …………………………………., in the condition in which they were received, properly packaged to avoid damage during transport. The transportation costs will be borne exclusively by the Buyer. To estimate the cost of transportation, we recommend considering the pricing policy of the chosen carrier (fixed fee, fee/kg, extra network fee, etc.).

   7.4. Within the same 14-day period, calculated from the transmission of the withdrawal decision, the Seller will refund the Buyer the value of the returned products in the same payment method as used for placing the Order. Specifically, the amount will be returned to the same card used for the transaction within 3-30 days from the acceptance of the return.

   7.5. The Seller may postpone the refund until the sold products are received or until proof is provided that they have been dispatched.

   7.6. If the product is returned in a condition where it can no longer be sold as new (damaged products, etc.), the Seller reserves the right to request/charge a fee to restore the returned product to its original condition.

   7.7. Return refusal: A product is considered damaged and/or used if it has been unsealed, if it shows physical alterations, cuts, scratches, etc. Any sign of wear on the product cancels the right to return it, as it will be considered a used and unsealed product.

   7.8. Parcels that do not meet the above-mentioned conditions will be refused. In case of returning a product that is not in the same condition as it was delivered, the Seller will consider the return invalid and will be entitled to refuse the price refund.

    

8. Delivery and shipping of products

   8.1. The delivery of products ordered on this website is done through our own fleet of vehicles and drivers to ensure safe delivery. For products in stock, the delivery time is between 10 and 20 working days, calculated from the date of order confirmation by the Seller.

   8.2. The Seller reserves the right to extend the delivery time in case of special circumstances, in which case the new delivery date will be communicated to the Customer.

   8.3. If the transportation of the sold products is carried out by the Seller, either through the courier company chosen by the Seller or through authorized individuals, the responsibility and risks are borne by the carrier, as applicable.

   8.4. For more information regarding the liability during transportation and the risks associated with orders, please refer to the courier company’s policy available here. The estimated delivery costs correspond to the pricing grids practiced by the courier company, starting from x lei, to which additional costs may be added, depending on the policy of the indicated carrier.

    

9. Warranties. Limitation of liability

   9.1. In accordance with the legal provisions, the Seller is liable to the Buyer for any lack of conformity existing at the time the products were delivered, which is detected within two years from that date. This represents the legal warranty of conformity.

   9.2. In case of lack of conformity, the Buyer has the right to request the Seller:
   9.2.1. Bringing the goods into conformity (through repair or replacement, in each case without charge. The notion without charge refers to all costs necessary to bring the products into conformity, including transportation costs, handling, labor, materials used, and packaging). Repairs or replacements are carried out within a reasonable period not exceeding 15 calendar days from the moment the seller was informed by the consumer of the non-conformity and which is agreed upon in writing between the seller and the consumer, taking into account the nature and complexity of the goods, the nature and gravity of the non-conformity, and the effort required to complete the repair or replacement. The consumer may choose between repair and replacement unless the chosen corrective measure is impossible or, compared to the other available corrective measure, would impose disproportionate costs on the seller, taking into account all circumstances, including the following: a) the value of the goods in case there had been no non-conformity; b) the gravity of the non-conformity; or c) whether the alternative corrective measure could be carried out without any significant inconvenience to the consumer.
   9.2.2. A corresponding price reduction or
   9.2.3. Termination of the contract regarding the non-conforming product, for situations where i) the seller has not completed the repair or replacement or the seller has refused to bring the goods into conformity, ii) a non-conformity is found despite the seller’s efforts to remedy it, iii) the non-conformity is of such gravity as to justify a price reduction or the right to immediate termination of the sales contract, iv) the seller has stated that they will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer, or this is clearly evident from the circumstances of the case.

   9.3. Consumers may opt for a specific corrective measure if the non-conformity of the goods is detected shortly after delivery, without exceeding 30 calendar days.

   9.4. The Seller shall be responsible to the Client for all obligations undertaken through the Contract and this Policy. Thus, the Seller may assign and/or subcontract certain services in order to fulfill all obligations towards the Buyer, without any notification or agreement from the latter.

   9.5. The Seller shall not be liable for any detrimental situations to the Client resulting from the latter’s non-compliance with this Document and/or the applicable legislation.

   9.6. The Seller cannot be held responsible for damages suffered by the Client, directly or indirectly, resulting from the non-use or incorrect use of the information presented on the website.

    

10. Confidentiality

    10.1. The owner will maintain the confidentiality of any information provided by the Users/Clients of this website. Disclosure or transmission of the provided information will only be done under the restrictive conditions mentioned in the Personal Data Processing Policy.

    10.2. Personal data processing and protection rules can be accessed here.

    10.3. The owner respects and protects the privacy and private life rights of the users/visitors of the Website and undertakes to securely and only manage the personal data you provide to us for specific and/or legitimate purposes. The purpose of collecting data is to provide Users/Clients of the Website with information, products, and services marketed, as well as individually tailored marketing, advertising, and promotional services.

     

11. Security

    11.1. When using the Website, you are responsible for ensuring the confidentiality of the data regarding your access account (username and password), and you agree to assume full responsibility for the activities/actions carried out on the Website based on your account and password. We recommend that you do not disclose the data used to authenticate yourself on the Site, as long as you have an account on this site. We also recommend that you do not use someone else’s account to place orders.

    11.2. If the confidentiality of these access data has been compromised, you have the obligation to notify the Owner as soon as possible to restrict access to the account and provide you with a prompt solution to regain access to your account.

    11.3. Unauthorized activities such as, but not limited to: abusive use, fraudulent use, unauthorized access, modification, copying of information for commercial purposes, blocking access, or similar actions on this Website will incur civil, contraventional, or even criminal liability, depending on the case.

     

12. Useful information for users

    12.1. As a user, you understand and agree to the following:

    a) To occasionally receive newsletters (emails) for informational purposes from the Owner based on its offers, in accordance with the Personal Data Processing Policy (GDPR), to the extent that you have opted for such notifications;
    b) To provide true, accurate, and complete information about yourself;
    c) To maintain and update, when necessary, the registration data to be true, accurate, and complete.
    d) To use the site diligently and not infringe upon the rights of the Owner or the rights of other Users/Clients.

    12.2. As a user, you undertake not to undertake the following activities:

    a) To post materials containing viruses or other malicious programs with the intent to destroy this system or any information that is a component part of this system;
    b) To post materials, images, information, etc., if you do not own copyrights or intellectual property rights to them or if you do not have the author’s permission to publish such material;
    c) To post obscene, defamatory, threatening, or malicious materials towards another user, individual or legal entity, or other materials or information prohibited by applicable laws;
    d) To post images or information that contravene current legal norms or good morals.

    12.3. By accepting the registration form through which you transmit your personal data for the purpose of participating in various actions (information, promotional, advertising, entertainment, creating a user account, etc.) undertaken by the Owner, you declare that you agree to the following:

    a) That the requested personal data will be collected, stored, and processed by the Owner in accordance with the Personal Data Processing Policy;
    b) To receive various advertising materials, information, proposals, and invitations to participate in various activities, as well as various objects, services, products, and/or product samples, etc., from the Owner, to the extent that you have expressed your agreement in this regard.

     

13. Applicable legislation and jurisdiction

    13.1. These Terms and Conditions and the use of the Site are governed by the applicable laws of Romania. In the event of any dispute arising from the contractual relationship or resulting from or in connection with its conclusion, interpretation, execution, or termination, it will be settled through requests addressed to competent judicial courts.

    13.2. Regarding the SOL (Online Dispute Resolution) and SAL (Alternative Dispute Resolution) platforms, present on the website interface, we inform you that these two methods of amicable dispute resolution are exclusively addressed to consumers.

Last updated: 3rd of July 2024