1. Overview

The online domain www.atro3dstudio.ro is owned by SC ATRO 3D Studio SRL and is the only form in which this company markets its products.

SC ATRO 3D Studio SRL is a Romanian legal entity, having the legal form of a limited liability company, with unlimited duration, with its registered office in Bucharest, sector 4, Hategana str., no. 7A and which has:

- Unique registration code: 32458414

– No. order in the trade register: J40/13959/2013 

– No. 33941 in the record register of personal data processing at ANSPDCP

- Main activity: Specialized design activity 7410

ATRO products are mainly made of wood and intended for decorations, gifts or personalized events, interior design, advertising material, furniture elements, industrial activities, etc.

ATRO is specialized in the design and execution of products unique or in very small series and aims to market both these products and the related projects in electronic format for those who have the appropriate technology.

ATRO aims, through the technology and experience it has, to crystallize the ideas, concerns and wishes of other entities or physical platforms through an ingenious partnership system.

Any collaboration with ATRO requires your knowledge and acceptance of these Terms and Conditions.

 

2. Definitions

atrophy- the trade name under which reference is made in this document to SC ATRO 3D Studio SRL

FEATURES of the product - the set of parameters (dimensions, models, personalized inscriptions, wood essences and finishes used, etc.) by which, in agreement between the CLIENT and ATRO before the validation of the CONTRACT, the product to be designed is defined unequivocally and without any other interpretation , executed and delivered.

COMMAND delivery request for products that are not customized, are not made to order, are not more expensive than 400 lei (VAT and shipping included) and are in stock.

CONFIDENTIALITY – in relation to data processing in accordance with Law 667/2001 and Law 506/2004, ATRO having registration number 33941 in the record register of personal data processing from ANSPDCP.

THE ACCOUNT of the customer - the email address and related password of each customer necessary to establish the CHARACTERISTICS of the product, the validation of the CONTRACT and DELIVERY

CONTRACT - distance contract - "any contract concluded between a professional and a consumer within an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of communication at a distance, up to and including the moment when the contract is concluded;" see Article 2 Point 7 GEO 34 of June 4, 2014.

WEBSITE CONTENT - any written, graphic information (terms, product characteristics, prices, photos, etc.) or of any other nature that can be found on the SITE and that is specific to ATRO

COURIER – third party legal entity specialized in courier operations approved by ATRO

CLIENT - any natural or legal person who visits the WEBSITE or who corresponds with ATRO in order to obtain information, design, execute or deliver PRODUCTS by concluding a CONTRACT.

WARRANTY – the time period, in accordance with Law 449/2003, granted to each product as a deadline for remedying or changing a product due to non-conformities attributed to ATRO.

CUSTOMIZATION – detail of the PRODUCT, requested by the CUSTOMER to express when ordering, by which a standard PRODUCT becomes unique/unique series (these details can be name, date, symbol, figure, logo, specific dimensions, etc.)

PRODUCTS - objects made mainly from different types of wood with a coating in accordance with the customer's request. The products exactly respect their CHARACTERISTICS

EXECUTIVE PROGRAMS – files that, depending on the complexity of the product to be made, can have sizes from a few bits to hundreds of Mb. They can be provided in two ways: machine code or source code. Programs or licenses to read them are not included here in any form, these are part of the spectrum of services offered by ATRO.

SERVICE - the activity of design, execution and delivery of a product requested by the CLIENT.

website – the field www.atro3Dstudio.ro, property of SC ATRO 3D Studio SRL

DURABLE SUPPORT – any tool that allows the consumer or the professional to store information that is addressed to him personally, in an accessible way for subsequent references for an adequate period of time, with a view to information, and that allows unchanged reproduction of the stored information;

TRANSACTION - direct banking operation between the CLIENT and ATRO or between the CLIENT and the COURIER regarding collection or reimbursement.

VALIDATION OF THE CONTRACT - the date and time of the email by which the CLIENT sends ATRO the agreement on the CONTRACT discussed by the parties.

DAY -calendar day and is considered to be 24 hours from an event (for example: receiving the package).

   

3. website

The use of the SITE will be done only in compliance with the present Terms and Conditions.

The SITE offers you the opportunity to inform yourself about our portfolio of services and products, to ask for additional information, to order services or products or to become a partner.

The content of the SITE is rather informative, trying to create for the visitor an image as close as possible to the possibilities and achievements of ATRO and its partners. The dimensions and weight of the products can fall within a tolerance of ± 10%, and the shades of the colors presented on the website are approximate depending on the brightness or the reproduction technique.

IT WORKS ONLY ON ORDER ON A DISTANCE CONTRACT BASIS!

DO NOT HESITATE TO BRING YOUR OWN. IDEAS. The projects thus executed by ATRO will remain the property of ATRO, but you will enjoy the advantages of being a partner. See point 11.

 

Copyright (COPYRIGHT), the entire content of the SITE  www.atro3dstudio.ro, including, but not limited to, images, texts, buttons, programs, scripts and any other data, is the property of SC ATRO 3D Studio SRL and is protected according to the Copyright Law and laws regarding intellectual and industrial property rights. Use without written consent a SC ATRO 3D Studio SRL of any of the elements listed above is punishable according to the laws in force. To report issues related to intellectual property rights, please contact us in writing at the email address: office@atro3dstudio.ro

 

4. Fraud site

ANY ATTEMPT TO ACCESS PERSONAL DATA OF ANOTHER USER OR TO MODIFY THE SITE CONTENT WWW.ATRO3DSTUDIO.RO OR TO AFFECT THE PERFORMANCE OF THE SERVER ON WHICH THE WEBSITE WWW.ATRO3DSTUDIO.RO IS RUNNING WILL BE CONSIDERED AN ATTEMPT TO FRAUD THE WEBSITE WWW.ATRO3DSTUDIO.RO AND WILL INITIATE A CRIMINAL INVESTIGATION AGAINST THE ONE OR THOSE WHO ATTEMPTED THIS FACT.

 

5. Privacy policy

5.1. To collaborate with ATRO, the CLIENT must present the following data:

- Email address

- Name and surname

- Mobile phone

- Delivery address

From case to case, other data may be required, such as: IBAN account for reimbursement or under the conditions of point 8.3 CI/CNP in the case of PARTNERS, etc.

5.2. The information of the users of the SITE is confidential and can only be used for commercial communications with its partners. Any specific data regarding the situation and condition of the products can be obtained by contacting us online, at the coordinates contained in this SITE. On the SITE, the user is responsible for all activities that occur by accessing the personal account and password. ATRO cannot be held responsible for errors caused by the user's negligence regarding the security and confidentiality of his account and password. For a better understanding of these clauses, please also consult Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free movement of such data.

5.3. Security of personal data and information. The personal data entered by the buyer will be used by the Company only for the stated purpose of this site. The information in the order form is necessary to send you the order confirmation, the delivery of the ordered products, the announcement of ongoing promotions, etc., in no case will they be provided to a third party. The company guarantees the confidentiality of certain information. These data are accessible only by authorized personnel of ATRO. Each user has the right to see only his own personal data that he has entered. The SITE uses security measures against the loss, alteration or misuse of information under ATRO's control. In case of loss of information caused by "bugs" or errors of the software with which the SITE is designed and hosted, ATRO assumes no responsibility.

5.4. ATRO is registered under number 33941 in the register of personal data processing at ANSPDCP.

5.5. The ATRO website uses COOKIES for navigation. Browsing this site implies your acceptance of their existence. The activation time of COOKIES is 48 hours.   Most browsers support COOKIES, but users can set their browsers to reject them and delete them at any time. You can control and/or delete cookies as you wish. You can delete all cookies already on your computer and set most browsers to reject them. However, if you do this, you may be required to manually change certain preferences each time you visit a site, and some services and features may not work. You can block/disable cookies in your web browser settings.

 

6. Reception of the PRODUCTS it will be done unilaterally by the CLIENT upon receiving them from the COURIER. If it is found that the parcels/PRODUCT have been damaged during transport, this is recorded together with the representative of the COURIER, possibly, if this possibility exists, photos are taken and ATRO is immediately informed by email.

Also, even if there are no signs of damage during transport of the package/PRODUCT, the CUSTOMER is obliged to report any deviation from the PRODUCT CHARACTERISTICS within the next 5 days and together with ATRO to take the necessary decision (acceptance, modification, return, etc. ).

If within 5 days from the date of delivery ATRO has not received any notification written by email and accepted by ATRO as non-compliance with the CHARACTERISTICS agreed by the CONTRACT, the PRODUCT is considered received.

 

7. guarantee granted by ATRO is a maximum of 1 year from the date of delivery for PRODUCTS and 1 month for EXECUTIVE PROGRAMS.

In principle, there are three categories of approach to the conditions for granting the guarantee.

7.1. Products made from different types of wood.

Wood is very sensitive to environmental conditions. Although the wood used in the execution is very well dried and very well covered, after processing, it can work over time if the environment in which the PRODUCT will be kept by the CLIENT does not meet the following conditions:

- The optimal temperature of the environment where the PRODUCT will be placed is 20-22°C. A deviation of ±10°C is accepted.

– The lower the relative humidity, the better for the life of the product. Relative humidity higher than 60% is not allowed. Accidentally and only for short periods, the maximum value of 70% is also allowed

- The cleaning will be done normally, but the type of coating specified in the CHARACTERISTICS will be carefully taken into account, as is done with the other wooden products in the house (furniture, parquet, etc.)

– It is forbidden to apply chemical substances on the PRODUCTS.

- The PRODUCTS will be protected from direct sunlight and will not be placed near heat sources.

If the CLIENT does not comply with all these rules, deformations, exfoliation or alteration of the coatings may occur. These aspects can be easily observed and the PRODUCT loses its warranty validity. Also, the warranty is lost in the case of PRODUCTS hit, scratched, or subjected to other mechanical or chemical factors.

If deviations from the PRODUCT CHARACTERISTICS are found during one year, ATRO is immediately contacted and a decision to retouch, repair, replace, return is made by mutual agreement. And so on

ATTENTION: Only deviations from CHARACTERISTICS are accepted!

In this case, the return transport cost for COURIER for retouching, repair, replacement will be borne by ATRO.

If, upon receipt, ATRO finds that the CHARACTERISTICS have no deviation, ATRO reserves the right not to take any action and to ask the CUSTOMER to pay for the return transport.

7.2. Additional mechanisms related to the PRODUCTS.

These can be hinges, clocks with batteries, measuring instruments, metal or other ornaments, or any other object purchased by ATRO in order to complete the PRODUCT.

They can lose their warranty under the same conditions as in point 7.1

The repair or replacement procedure will be established by mutual agreement, either by sending the PRODUCT to ATRO or by sending only the mechanism attached.

7.3. The guarantee for the EXECUTIVE PROGRAMS is 1 month from the date of delivery by electronic means, unless otherwise specified in the CONTRACT, during which time the reception is considered to have taken place. ATRO is not responsible for the performance of the media on which the CLIENT stores its EXECUTIVE PROGRAM.

 

8. Order and Purchase Agreement

ANY ORDER MUST BE GREATER THAN 100 LEI + VAT + DELIVERY COSTS.

PURCHASES OF PERSONALIZED PRODUCTS, MADE TO ORDER OR MORE EXPENSIVE THAN 400 LEI (VAT AND TRANSPORT INCLUDED) THAT WILL BE MADE FROM THIS SITE WILL BE DONE ON THE BASIS OF A CONTRACT. FOR THE REST OF THE PRODUCTS THAT ARE IN STOCK, ONE ORDER IS SUFFICIENT, PROVIDED THAT IT IS GREATER THAN 120 LEI + DELIVERY COSTS.

ALL DELIVERIES, WITH CONTRACT OR ORDER, ARE BASED ON THE CLIENT'S ACCEPTANCE OF THE PRESENT TERMS AND CONDITIONS.

The remote contract that will be concluded between ATRO and the CLIENT will necessarily contain:

8.1. The date on which the DURABLE MEDIA CONTRACT was VALIDATED (email date) including the implicit acceptance of the parties to use the DURABLE MEDIA. If the VALIDATION was made by the CLIENT more than 7 days after the issuance of the CONTRACT, ATRO reserves the right to make changes in the CONTRACT, thus restarting the VALIDATION cycle.

8.2. The total value of the CONTRACT, including possible additional costs for the CLIENT to be aware of the reason for the VALIDATION on his financial effort.

8.3. Payment method by bank transfer:

- Advance payment 100% for customized or "made to order" products designed and executed at the express order of the CLIENT

- Advance payment 50% or 100% for design / execution of products more expensive than 400 lei (including VAT and transport) from the ATRO portfolio

- Payment upon delivery to the COURIER for products in stock.

8.4. Delivery term max 30 days depending on:

Model / design.

Wood essence available.

Coating method.

Depending on the complexity, ATRO and the CLIENT may agree otherwise.

8.5. The warranty granted to the PRODUCT.

8.6. Mention whether or not it is possible for the CLIENT to withdraw from the CONTRACT, under what conditions and in what terms.

8.7. FEATURES including pictures or simulated images.

8.8. Clear reference to the present Terms and Conditions.

 

9. Transfer of Risk

"In the case of deliveries where the professional delivers the products to the consumer, the risk of loss or damage to the products is transferred to the consumer when he or a third party designated by him, other than the carrier, takes physical possession of the products. However, the risk is transferred to the consumer at the time of delivery of the products to the carrier, if the carrier was commissioned by the consumer to transport the products, and this option was not offered by the professional, without prejudice to the rights of the consumer vis-à-vis the carrier." Article 20 GEO 34 of June 4, 2014.

 

10. Returning products

The following particular aspects must be taken into account:

-ATRO cannot afford to work on stock, considering the customization of the products, the complexity of the production and as a result the generally high price of its PRODUCTS; ATRO generally works on the basis of design and execution contracts.

- CUSTOMIZED or made-to-order PRODUCTS cannot be sold unless to the CLIENT who requested them

- the execution time of a PRODUCT is long and returning it without discussing the financial effects leads to the delay of other orders.

As a result:

The CLIENT can exercise the right to withdraw from the CONTRACT within a maximum of 14 calendar days from the VALIDATION OF THE CONTRACT in accordance with GEO 34 of June 4, 2014, if the CONTRACT has not established otherwise, only in the case of PRODUCTS that DO NOT contain CUSTOMIZATION requested by the CLIENT or do not have were executed at the special order of the CLIENT!

For the latter, it is the express duty of the CUSTOMER to analyze and request additional data and to ensure that the requested PRODUCT and CHARACTERISTICS are in accordance with his wishes. The CLIENT is informed in these cases by the CONTRACT that he loses his right to withdraw from the contract.

In cases where the withdrawal from the contract is possible and will be made before DELIVERY, and the advance payment has been made, ATRO undertakes to return the costs not carried out based on an estimate of works already executed on the date of communication by the CLIENT of the withdrawal from the CONTRACT.

The costs for the return transport by COURIER if the cancellation took place after delivery will be borne by the CLIENT.

Reimbursement will be made within 14 calendar days of receipt of the PRODUCT return package and only if it is in the same condition in which it was delivered. The reception will be done unilaterally by ATRO. If at ATRO's reception it is found that the PRODUCT is damaged, ATRO reserves the right to refund a lower value or to refuse the return. In this case, the return of the PRODUCT will be invoiced in advance to the CUSTOMER.

In the case of EXECUTIVE PROGRAMS, which will be delivered electronically, there is NO, according to the law, the possibility of withdrawing from the contract after delivery, and before delivery the reimbursement of the costs not carried out will be applied as in the case of PRODUCTS.

Returning the PRODUCT without a plausible motivation, but only by virtue of the permissive law, will be considered an abusive act of the CLIENT that seriously affects ATRO's activity and ATRO reserves the right to collaborate or not in the future with it.

 

11. Partnerships

The CLIENT who wants to purchase a PRODUCT to order must express, based on a personal idea, a sketch, a suggestive image or simply a short description, an original PRODUCT that is not in the ATRO portfolio at the time of the request or not infringes the copyright of a third party, has two options:

11.1. He mentions that this PRODUCT must remain unique, only in his possession, and in this case ATRO undertakes that this project be classified only at the disposal of this CLIENT.

11.2. It mentions from the beginning that this PRODUCT can be sold to other CUSTOMERS. 

IN THIS CASE HE BECOME WITH ATRO'S AGREEMENT AN ATRO PARTNER AND WILL HAVE AN ACCOUNT INTO WHICH 5% OF ATRO'S SALES IN CONNECTION WITH THIS PRODUCT WILL BE PAYED INCLUDING THE PRODUCT (OR PRODUCTS IF THE QUANTITY WAS GREATER) PURCHASED BY THE CUSTOMER. THE PRODUCT BECOME THE PROPERTY OF ATRO AND ATRO HAS THE RIGHT TO IMPROVE IT, TO COMPLETE IT IN ORDER TO INCREASE ITS VALUE.

When the account reaches the value with which the PARTNER initially bought the product, he has the right to request free of charge other PRODUCTS within the limit of this value (or more with the payment of the difference) or to request the value in cash by bank transfer. The costs of the bank transfer to a Romanian bank will be borne by ATRO.

And so on.

11.3. The price in the above cases 11.1 and 11.2 are identical.

11.4. The PARTNER will be informed quarterly or whenever the case may be about the value of his account or accounts.

11.5. The PRODUCTS from 11.2 bought subsequently by this CUSTOMER will also be taken into consideration. 

11.6. The amount paid to the PARTNER's account will be considered 5% of the value of the product (including VAT, without transport).

11.7. If improvements, additions, etc. will be made to the PRODUCT later. by ATRO that will increase the value of the product, the difference in value will not be taken into account for point 11.6. If they are also brought by the PARTNER, the difference will be taken into account.

11.8. ATRO reserves the right to change the price of the PRODUCT depending on the design and execution aspects at a given time and the percentage of 5% will follow this price. The limit from which the CLIENT can reap its advantages (ie purchase value with VAT, without transport) remains fixed, however, the one that benefits the CLIENT considering that most likely the prices will have an upward trend.

 

12. Transport

Transport will be provided by fast courier.

The COURIER may be mentioned in the contract, but ATRO reserves the right to choose the courier.

The price for transport cannot be contested by the CLIENT based on his own measurements or interpretations.

 

13. Disclaimer

13.1. In the case of interbank payments, ATRO is not responsible for paying interbank or currency conversion fees.

13.2. ATRO reserves the right to request additional data or may consider it its duty to provide additional information within the next 7 days. If he does not receive an answer or confirmation in another 7 days, the CONTRACT/ORDER is considered cancelled.

13.3. ATRO has the duty to properly pack the products upon delivery with the mention on the packaging FRAGILE, UMBRELLA, ARROWS, etc. where appropriate.

ATRO is not responsible for product damage during transport - it is the CLIENT's duty to receive the goods upon dispatch and ATRO upon return.

ATRO is not responsible for improper packaging performed by the CLIENT upon return.

13.4 In the event that non-conformities with the CHARACTERISTICS appear within the legal warranty period, the CUSTOMER is entitled to request reimbursement of the product value and transport only after returning the product and without having the right to request additional direct or indirect compensation or penalties.

13.5. ATRO ensures the technical support of the WEBSITE through third parties and is not responsible in any case, directly or indirectly, for the interruption of the services offered.

13.6. If there are differences between the content of the SITE and the CONTRACT, the information in the CONTRACT prevails.

13.7. In the event that ATRO works on the order using photos, sketches, descriptions or other documents of the CLIENT that characterize the product, ATRO is exempted from any liability to a third party regarding copyrights, the full responsibility regarding copyrights remains the responsibility of the CLIENT who make the order.

13.8. For any product made, ATRO reserves the right to have the copyright on the 3D component, unless otherwise stated in the distance contract.

 

14. Major force

14.1. The party invoking the force majeure event must present the justification of how the event limits its responsibilities

14.2. If the force majeure event invoked by one of the parties does not cease within 30 days, the contract can be considered concluded. If advance payments were made, they will be returned in full or in part based on an estimate.

 

 15. disputes

Any dispute arising between the CLIENT and ATRO will be resolved amicably. In the event that the conflict was not resolved amicably, the competence rests with the Romanian courts.

 

16.Final provisions and contact

 ATRO reserves the right to make any changes in the content of the SITE regarding:

-the design

- FEATURES including PHOTOS

- the terms and conditions

- contact address, etc.

In this case, ATRO is obliged to notify, as the case may be, its PARTNERS and CUSTOMERS who have a CONTRACT in progress, of the new contact details and, as the case may be, CHARACTERISTICS, prices, etc.

CONTRACTS in progress retain the same data (CHARACTERISTICS, terms and prices) with which they were VALIDATED.