TERMS AND CONDITIONS OF USE

1.) INTRODUCTION

1.1. This Site is dedicated to be used by natural and legal persons in order to purchase works of art made available by Galeria Quadro at its online shop on the following website: www.quadroshop.ro.

1.2. Any User/Potential buyer/Buyer by registering and creating an account on the site of QuadroShop will express his/her consent to accept this regulation and the conditions of use − a contract document between the Gallery and the person who has registered on the site.

1.3. Quadro Gallery may reserve the right to refuse access to certain users, to all or part of the functions of the online QuadroShop, as well as to restrict the processing and/or the delivery of orders in case of which there is strong suspicion of fraud from certain users of the online QuadroShop, and if they show behaviour that prejudices the interests of Quadro Gallery.

1.4. The sale of works of art through the online shop on the QuadroShop website is subject to the Romanian laws.

1.5. Breach of this Regulation is automatically followed by the withdrawal of the right to use the Site.

2.) DEFINITIONS

2.1. QuadroShop –Galeria Quadro S.R.L., which is a Limited-Liability Company having its registered address in Cluj-Napoca, str. Napoca nr. 2-4, jud. Cluj, J12/4773/2008, VAT code 24816864, hereinafter referred to as Quadro Gallery, The Gallery or QuadroShop.

2.2. Seller – Galeria Quadro S.R.L.

2.3. Purchaser – The user who carries out an order.

2.4. User – natural or legal person who sees the exhibited works, has access to the content by all means of communication provided by Quadro Gallery (electronically, by telephone, etc.) or by means of an existing use agreement between Quadro Gallery and the person. This agreement requires the creation and usage of an account.

2.5. Agreement – represents the contract concluded between the seller and the purchaser by the presence of both sides and/or at distance without the simultaneous and physical presence of the seller and purchaser.

2.6. Campaign – the action of exhibiting a finite, limited and predefined number of goods for commercial purposes as established by the seller.

2.7. Goods, products, works, objects – the works of art made available to the purchaser as a result of the concluded agreement with Quadro Gallery through the online QuadroShop.

2.8. Transaction – the collection and payment of a certain sum resulting from the sale to the purchaser of a Product by Quadro Gallery, by payment either in cash, by bank transfer or by using processor's services of cards approved by the seller.

2.9. Webshop – a virtual or online shop.

2.10. Newsletter – means of informing on a periodical basis, exclusively in electronic format, sent by electronic post (e-mail, text message) concerning the goods offered for commercial purposes, or the sale-promotions pursued by QuadroShop at a certain period of time, without any legal commitment from the seller's side regarding its content. At request, the User can be periodically informed about the works of his/her favourite artists by specifying these during registration.

3.) REGISTRATION ON THE SITE

3.1. In order to benefit from the services, as well as purchase the products offered by this site, you have to register as a user, i.e. to create a user account on this site.

3.2. The user registration implies the prior acceptance of the conditions of use, of confidentiality rules and of rules related to protecting and processing personal data. By using this site the User is responsible for the confidentiality regarding access data in the user's account created for this Site (e-mail, username, password), and he/she will assume responsibility for all activities carried out from his/her account. Any unauthorised activity detected by the User will be reported to QuadroShop.

3.3. For natural persons acting in their own behalf or as representatives of legal persons, during registration as a user on the online QuadroShop, we will ask for a series of personal data such as name, forename, e-mail address, date of birth, as well as other personal information that will allow the identification of the user/user's representative on this site. The User is responsible for the accuracy and veracity of data shared during the registration process.

3.4. Personal data and registration data (e-mail, username, password) can be modified by the User after signing into his/her account on the site. In the event of forgetting the username, the user can ask for a new password, which will be sent to the e-mail address provided at registration.

4.) CHANGES

4.1. QuadroShop reserves the right to change the terms and conditions of use and sale, having the obligation to announce it users via its site and e-mails about the modifications occurred.

4.2. In the event of modifying the terms and conditions, the occurred changes will not be applied to the agreements concluded between QuadroShop and Users, under the terms and conditions presented above.

5.) COPYRIGHT

5.1. The whole content of the site of QuadroShop (database, texts, images, logos, graphics, creative concepts, etc.) is exclusively owned by the administrator, i.e. QuadroGallery. This content is protected by Act No. 8/1996 on copyright and related rights.

5.2. It is strictly forbidden to copy, reproduce, distribute, modify, publish, send, create derivative works from any piece of information or service obtained from or through this site without the owner's express consent. Using any element listed above without the owner's express consent is punished according to the laws in force.

5.3. The images of the products, the descriptions, specifications, video materials, etc. are published based on the right holders' implicit or explicit agreement (artists, producers, importers, distributors, owners, etc.) respecting the laws in force.

6.) GUARANTEES

6.1. Quadro Gallery issues a sale certificate through which it guarantees the authenticity of the purchased work of art. The Purchaser can challenge the authenticity of the work of art by submitting the original work of art at Quadro Gallery and by a written opinion of a certified expert according to law, generally acknowledged by the professionals as being competent in the artist's works of whose paternity forms the object of the appeal and who has general acceptance and good reputation.

6.2. The Gallery retains the right to ask for, within a period of three months after having received the appeal, a second opinion from an expert with a similar level of competence and reputation. Quadro Gallery binds itself to pay back to the Purchaser the purchase price in the event that the non-authenticity of the work is proven.

7.) COMMERCIAL COMUNICATIONS

7.1. Commercial communication means any form of communication which is meant to directly or indirectly promote the products, services, images, name or designation, the company or the logo of Quadro Gallery.

7.2. Commercial communications are sent only to the Purchaser/User who has asked for receiving commercial offers, has accepted to receive such offers during registration on the site of QuadroShop and after accepting the terms and conditions of the online shop.

7.3. Commercial communications can be sent to the e-mail address to which the recipient wants to receive the respective commercial communications.

7.4. In case that QuadroShop directly obtains a client's e-mail address when he/she sells a product, it can use that address for commercial communication purposes relating to similar products, provided that it clearly offers the client to unsubscribe from them by simple and free means either when obtaining the e-mail address, or in each message, if the client did not initially object to it.

7.5. The newsletter is a periodical form of information, which contains invitation for free subscription to several services or to free participation at various events.

7.6. When the client creates an account on the site, he/she may express his/her acceptance to receive newsletters. The option relating to User's agreement may be modified at any time by contacting QuadroShop. In order to stop receiving newsletters, the User or the Purchaser may unsubscribe at any time using the special link found in any newsletter.

8.) PLACING AN ORDER

8.1. User's order is only valid with registration, by mentioning the data needed for delivery and invoicing, respectively. In the ordering phase it is possible either to choose the payment method and the place of delivery, or to specify that the order is lifted from the registered office of Quadro Gallery. Once the order form is filled in, the User accepts and is obliged to respect the contractual conditions covered by this document. The online orders can be placed non-stop.

8.2. Sending the order in electronic format will not have contractual value. The order is valid only if there is a confirmation sent via e-mail by QuadroShop. The automatic e-mail sent at the moment of receiving the order is considered as an order confirmation. In case the User does not receive a confirmation after having sent the order, he/she can repeat the order or to contact the administrator of the site.

8.3. The agreement is considered concluded between the Seller and the Purchaser at the moment of receiving by the Seller from the Purchaser the electronic notification of the confirmation of the order. The right to property of the purchased goods cannot be transmitted to the Purchaser until the moment of payment. Payment is made when the accounts of QuadroShop are credited with the price of the goods or at the moment of payment in cash at the Gallery cashier.

8.4. A registered order can be modified only in the following cases and upon User's request made by e-mail or telephone:

The User cancels the product and notifies QuadroShop before the order is sent for delivery;

In the event of a delay in delivery with a maximum of two weeks beyond the maximum delivery limit;

The change of delivery address;

Modification of the payment method;

Modification of invoicing data.

8.5. No content sent by Purchaser/User or acquired by Purchaser/User through accessing, visiting and/or visualizing on the site shall constitute a contractual obligation of QuadroShop in the absence of a confirmation sent according to the conditions established by the present contractual document.

9.) AVAILABILITY, DESCRIPTION AND PRICES OF PRODUCTS

9.1. The products promoted and traded are works of art created by artists from Romania and abroad, in the following domains: painting, graphic design, sculpture, ceramics, photography, etc. The products are available as long as they are visible on the site and the notice soldor bookeddoes not appear.

9.2. The works are available for online visualisation on QuadroShop site or can be seen at the Gallery as it is indicated in the time-table: Monday, Wednesday, Friday between 10−14, and Tuesday, Thursday between 14−18. Outside opening hours, the works are available for visualisation based on prior booking by phone. Visualisation is not compulsory. Before the completion of the order and purchasing of the product the user/the potential purchaser will sign a statement, which confirms that the work exposed on the site of QuadroShop and the one he has personally seen is the same.

9.3. QuadroShop warns its Users/Purchasers that the images published on the site are processed in a way as to be correctly displayed. However, the display of images on screens depends on the quality and settings of the latter, as well as on the characteristics of the video card. As a result, the images displayed online may differ from one computer to another, as well as from the original ones. QuadroShop does not take responsibility for eventual differences between the image on the site and the original one.

9.4. If the Purchaser places an order for a work already sold, but it is not specified on the site by the label sold or booked due of technical problems, QuadroShop is obliged to immediately return the purchase price to the Purchaser.

9.5. In case of technical errors while displaying/loading the prices on the site, QuadroShop will not fulfil the orders placed during the period of technical errors. The sales made under these conditions will be automatically cancelled, and purchase prices will be reimbursed to the Seller as soon as possible, but no later than up to 14 days after placing the order.

9.6. The price of works on QuadroShop is established in EUROS, and it can be seen also in LEI, HUF, USD, GBP and CHF, while the payment and invoicing will be in LEI, according to the foreign exchange rate of the National Bank of Romania (BNR) on the day of payment. The price includes VAT and the fine art tax.

9.7. Besides the price displayed on the site, QuadroShop does not charge any other fees.

10.) PAYMENT

10.1. Payment is made in RON by Romanian residents and in EUR, USD, HUF, CHF, and GBP by non-residents. Payment can be made either:

through bank card;

in cash or by credit card at POS terminals of the Gallery, at the Gallery cashier;

payment at delivery or

by bank transfer to:

Banca Transilvania, Cluj–Napoca branch, str. Eroilor, nr. 36, in the below bank accounts:

RO06 BTRL 0130 1202 T035 26XX (RON) or

RO78 BTRL 0130 4202 T035 26XX (EUR);

10.2. The Purchaser becomes the owner of the work of art after full payment of the purchase price.

10.3. In case of payment by bank transfer or in cash, the payment has to be made in up to 5 business days after placing the order. Otherwise, the sale contract shall be terminated by default, without any notification or other formality and without the intervention of a court of law, and QuadroShop will place the work of art back on the site. In case of termination of the agreement by this process, QuadroShop can receive from the Purchaser, by way of compensation, an amount of 5% of the value of the ordered work/works. In the period calculated from the moment of sending the order until full payment of the work, the work will appear on the site with the notice: booked.

10.4. QuadroShop will unilaterally denounce and automatically cancel the order made by the User, even without prior notification addressed to the User, in the following situations:

non-acceptance of the transaction by the bank issuing the User’s card in the case of online payment;

invalidation of the transaction by the processor of cards approved by QuadroShop, in case of online payment;

the data provided by the User on the site concerning the delivery are incomplete or inaccurate;

User's activity on the site may cause or causes damages of any type to QuadroShop.

10.5. In case the law and/or the present contractual document gives the right for the Purchaser to cancel an order paid in advance, either by confirmed bank transfer, or by online payment with card, and when the bank issuing User's card has authorised the bank transaction, the respective amount will be reimbursed by QuadroShop no later than 14 days from the day that QuadroShop noted this fact.

11.) DELIVERY

11.1. The sales price contains the delivery of the purchased product within the territory of Romania. The delivery is made after recording the payment made through courier services in not more than 5 business days. Any delay regarding the delivery of the purchased product will be reported to the Purchaser as soon as possible.

11.2. QuadroShop will ensure the proper wrapping and packaging of the products and will also ensure the transmission of documents accompanying the courier service. For each order only one delivery address is accepted. QuadroShop is not responsible for the integrity of the products during transportation. The carrier is responsible for the total or partial loss or for the damage of the products from receiving to releasing the goods, as well as for delays in releasing them.

11.3. If the delivery address is communicated erroneously to the Seller, or if the delivery cannot be made to the specified address, the order will be returned to QuadroShop. In the case of a new dispatch, the Purchaser will support the cost of both dispatches (for returning and the new dispatch as well.)

11.4. The conservation status and the integrity of products is checked at the moment of take-over. At delivery, a signature is required in the presence of the courier, acknowledging reception and the content of the package. Subsequent complaints are not accepted.

11.5 The taking-over of the purchased product can be made personally or by means of a power of attorney, from the office of Quadro Gallery within 7 business days after the full payment of the purchase price. In this case the Purchaser will be responsible for the transport of the product.

11.6. Quadro Gallery does not retain any responsibility regarding the product in case of delay in taking it over, and it charges a 1% of the purchase price per month for storage.

11.7. The export of purchased products will be carried out by those who have and interest in it, in conformity with the legislation in force. Quadro Gallery provides consultancy concerning this issue against a fee.

12.) RETURNING THE WORKS

12.1. This section is applied only to consumer agreements laid down by Government Emergency Decree No. 34/2014 on consumers’ rights under contracts concluded with traders, amending and supplementing certain enactments. According to Government Emergency Decree No. 34/2014 and No. 21/1992, a consumer is understood as any natural person or group of natural persons constituting an association, who act for purposes not related with their commercial, industrial or manufacturing, craftsmen or freelancer activities.

12.2. The withdrawal period from a distance contract or from an off-commercial premises contract according to Art. 9 of Government Emergency Decree No. 34/2014 is of 14 days, a period which expires on the day the consumer or a third party other than the transporter and which is indicated by the consumer acquires physical possession of the products.

12.3. Before the expiry of the withdrawal period laid down by Government Emergency Decree No. 34/2014, the Purchaser informs QuadroShop concerning his/her decision of withdrawal from the agreement. For this, the Purchaser can choose one of the following methods:

to use withdrawal form template and send this form to the e-mail address of QuadroShop;

— to make any other statement in which he/she explains the decision of withdrawal from the agreement.

12.4. The Purchaser exercised his/her right of withdrawal in the period of withdrawal laid down in Art. 9(2) and Art. 10 of Government Emergency Decree No. 34/2014 in the event that the communication regarding exercising the right of withdrawal is sent by the former before the expiry of the respective period.

12.5. The Purchaser returns the products using the same services of transport with which the dispatch was carried out, or he/she hands over to the Seller without unjustified delay and in not more than 14 days from the day he/she informed the Seller about his/her decision of withdrawal from the agreement.

12.6. The Purchaser is obliged to wrap the product properly, in original packaging, in order to protect it during transport. In case the original packaging is not preserved in the original state, the Purchaser is obliged to provide an adequate one. The Purchaser is responsible for the inappropriate packaging of the product. The Purchaser supports the costs directly linked to the returning of the product.

12.7. The product has to be intact, without presenting signs of usage or scratches. QuadroShop retains the right to refuse and, implicitly, to return to the Purchaser any product which does not fulfil the returning conditions, is physically used or damaged. The burden of proof regarding the exercise of right stays with the Consumer.

12.8. QuadroShop will pay back the amounts received as payment from the Purchaser not later than 14 days from the day it is informed about the decision of withdrawal from the agreement, in the same currency and using the same exchange rate (National Bank of Romania) from the day of purchasing.

12.9. QuadroShop reimburses the amounts it received as payment from the Purchaser, using the same methods of payment as the ones used by the Purchaser for the initial transaction, with the exception of the case when the Purchaser agreed to another method of payment and under the condition that the payment of fees following reimbursement will not fall within the obligations of QuadroShop.

12.10. QuadroShop can delay the reimbursement until the day of reception of the purchased products, or until the moment of receiving proof of the Purchaser according to which he/she has sent the product to QuadroShop, taking into consideration the nearest data. The Purchaser will provide all repayment data, including the online tracking number.

13.) LIMITATION OF LIABILITY FOR THE GALLERY

13.1. QuadroShop cannot be held responsible in any means to any User that uses the site outside of the limits set out by the present contractual document.

13.2. In case a User considers that a content, sent via any means by QuadroShop, violates copyright or any other rights, he/she can contact QuadroShop for details, using the contact details provided by the latter.

13.3. QuadroShop does not guarantee the User access to the site or the services in the absence of the User's registration by carrying out all registration phases, and in the absence of transmitting all information needed for registration.

13.4. QuadroShop is not liable for the content, quality or nature of other sites which one can reach through links of content, regardless the nature of these links. The owners of those sites are solely responsible for them.

13.5. QuadroShop is exempt from any fault when using the sites and/or from the content sent by the User by all means (electronically, by phone, etc.), by the sites, emails of an employee of QuadroShop, if this usage can or does cause any kind of damage to the User.

13.6. QuadroShop does not offer any direct or indirect guarantees that the services provided will be according to the User's requests, or that the services will be uninterrupted, secure and faultless.

14.) PRIVACY POLICY

14.1. QuadroShop ensures the confidentiality of purchasers' identity in the limits laid down by the law. Each tenderer is responsible for the actions registered on the web page by its own account with the proper password. The confidentiality of information (user's name and password) is guaranteed on the web page and it represents each natural and legal person's responsibility, which registered on the site of QuadroShop.

14.2. If there are grounds for considering that the User and User's password have been compromised, he/she will immediately inform QuadroShop in order for resetting these data. QuadroShop can suspend a natural or legal person's access, if there are grounds for having compromised User's username and password.

14.3. QuadroShop retains the right of publishing for free images and descriptions of the works of art already sold in any of its documentary, journalistic or speciality literature materials or with promotional purposes, and the Purchaser, by accepting this Regulation, consents that he/she does not and will not have any material claim towards QuadroShop for using the image of the purchased work of art according to the present article.

15.) COOKIES POLICY

15.1. Cookies are information sets in text format, which are downloaded to your computer, laptop whenever you visit a site. Your web browser sends these cookies back to the site of origin at each of the subsequent visits or to another site that recognizes those cookies.

15.2. Cookie files are used on the Website for various reasons. These include the following among others:

for letting the User log in his/her account;

for letting the user choose his/her preferences of authentication;

for monitoring and collecting information about transactions made on Website;

for advertising;

in order to prevent fraud and to protect privacy

15.3 Cookie files are generally used in order to improve and optimize user's experience. A part of cookie files we use are essential for the functioning of the Website.

15.4. There are two types of cookies:

session cookies − are created temporarily in your browser's subfolder to memorize them until the user leaves the website or closes the browser window;

persistent cookies − they are stored on the hard-drive of the computer. Persistent cookies include those placed by another website than the one the user is just visiting − known as third-party cookies, these can be used anonymously in order to memorize user's interests, so more relevant advertisements can be sent for the user.

15.5. QuadroShop uses both types of cookies mentioned in the article above.


15.6. Usually, an application used for accessing web pages permits saving cookies implicitly on the terminal. These settings can be changed in a way that the automatic administration of cookies is blocked by the web browser or the user is informed whenever cookies are sent on his/her terminal. Detailed information about the possibilities and ways of cookie control can be found in the settings of an application (web browser). Limiting the use of cookies may affect certain web page functions.

15.7. Cookies are not viruses! They use plain text formats. They do not consist of chunks of code, thus they cannot be executed or they do not automatically run. Since they cannot fulfil these functions, they cannot be considered viruses.

15.8. Due to their flexibility and to the fact that the majority of the most visited and the biggest sites use cookies, they are almost inevitable. Disabling cookies will not let the user access the most used and popular sites. Disabling and refusing to use cookies can make certain sites impractical or difficult to be visited and used.

15.9. For more details visit one of the following links:

http://support2.microsoft.com/kb/196955

https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer?redirectlocale=en-US&redirectslug=Cookies

https://support.google.com/chrome/answer/95647?hl=en

http://support.apple.com/kb/PH5042

http://www.youronlinechoices.com/ro/

16.) ANNEX: RELATED LEGISLATION

Civil code

Act No. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector

Act No. 298/2008 regarding the retention of the data generated or processed by the public electronic communications service providers or public network providers, as well as the modification of Act No. 506/2004 on the personal data processing and protection of private life in the field of electronic communication area.

— Government Emergency Decree No. 13/2012 for the amendment of Act no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector

— Act No. 82/2012 on the retention of the data generated or processed by providers of electronic communication public networks and by providers of electronic communication services intended for the public, as well as for the amendment and supplementation of Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector

Act No. 182/2000 on the protection of national cultural mobile heritage