The domain miblioteq.com is owned and managed by the company Miblioteq S.R.L., having the registered office in Brasov, Bulevardul Saturn No 37B Office No 7, Brasov County, Romania, registered with the Trade Register Office from Brasov under the number J8/1239/2019, fiscal identification code RO40861352, hereinafter referred to as the “Provider” or the “Company”
1. DEFINITIONS
Unless otherwise required by the context, in the present document the following terms will have the following meaning:
SITE – the domain miblioteq.com
PROVIDER– the company Miblioteq S.R.L., having the registered office in Brasov, Bulevardul Saturn No 37B Office No 7, Brasov County, Romania, registered with the Trade Register Office from Brasov under the number J8/1239/2019, fiscal identification code RO40861352.
USER - any natural person over the age of 18 or any legal entity, who is a photographer and who makes an Account on the Site; the fact that the natural person / the legal entity is a photographer is verified at the time of receiving the request to create the Account, by the Company’s employees, by checking the customers portfolio provided by the natural person / the legal entity requiring the Account, the decision to validate and / or decline the request to create an Account pertaining exclusively to the representatives of the Provider.
CLIENT – any User placing an Order.
ACCOUNT – the section of the Site consisting of an email address and a password that allows the User to submit the Order and containing information about the User / Client and the Client's history on the Site (orders, tax invoices, products warranty etc.).The User is responsible and will ensure that all information provided at the time of creating the Account is correct, complete and up-to-date.
ORDER – an electronic document acting as a form of communication between the Provider and the Client through which the Client sends to the Provider its intention to purchase Products on the Site.
PRODUCTS – any photographic material or any other products listed on the Site, including the products and services mentioned in the Order, to be executed and delivered by the Provider to the Client based on the Contract concluded.
CONTRACT - is the Order placed by the Client, confirmed and accepted by the Provider to whom this Document applies.
DOCUMENT – these Terms and Conditions.
NEWSLETTER - periodical notification sent by electronic means (e-mail, SMS), about the Products and / or promotions of the Provider over a certain period of time.
ABUSIVE USE - is the use of the Site contrary to the applicable practice, regulations and legislation in force or in any other way that may cause damages to the Provider or its affiliated companies.
CONTENT is defined as follows:
- all information available on the Site that can be accessed, viewed or otherwise accessed by using any electronic device;
- the content of any message / offer sent to Users by electronic means and / or any other means of communication available;
- information related to products, services and / or rates, applied by the Company or by one of its contractual partners within a certain time period;
Information regarding the Company./
Users / Clients of this Site are asked to carefully read the terms and conditions of use below.
2. GENERAL PROVISIONS
2.1. By creating the page miblioteq.com, the Company intends to inform the Clients /Users on the products and services provided by it. The access and use of the Site by the Users is subject to compliance with these Terms and Conditions, acknowledge of the Privacy Policy and compliance with the applicable legal provisions. The use in any way, accessing, visiting and / or viewing the Site Content, or submitting Orders, requires the User to comply with these ”Terms and Conditions”, unless the User has been informed that different terms of use apply to that content.
2.2. The User is solely responsible for all the activities that arise from the use of the Site / Content. The User is liable for violation of this Document and the use of the Site in violation of this documents, for violation of the Company’s rights and for any damages caused to the Site, its content, the Company or any of its collaborator or contractual partner, irrespective of the nature of the damages so produced, being liable to cover any and all related damage. If the Provider discovers irregularities and / or breaches of the provisions of this Document that result in the damage or disturbance in any way of the Company's business, the Company reserves the right, at its sole discretion, to cancel, limit, restrict, suspend, or block the User's access to the Content. In this case, the User may contact the Provider, using the contact details indicated on the Site, in order to receive the required justifications in relation to the measures taken for the purposes of this article and the date from which these were or will be applied.
2.3. This Site is addressed only to Users / Clients who have not been denied access to the Site, regardless of the reason at the basis of such interdiction. By submitting an Order, the Client acknowledges having read and accepted the Terms and Conditions and that he / she meets the conditions for placing the Order.
3. PLACING ORDERS
3.1. The Order is submitted electronically through the Site, where the User must be registered and have a valid Account.
3.2. Each Order must contain the Client identification data, information about the billing and delivery. These data will be automatically retrieved from the data submitted when the Account was created. The Client assumes this provision and undertakes that, if there are changes to the data entered at the time when the Account was created, it shall notify the Provider about the up-dated information, at the time of placing the Orders.
3.3. The Order must also contain the digital elements required to customize the Products ordered by the Client, pictures and collages with digital photographic images, texts and graphics and a full set of processing, printing, binding and accessories options, selected exclusively from the Provider's offer.
3.4. By finalizing and placing the Order, the Client confirms that all the data provided / required for the performance of the Order, are correct, full and true as of the date of Order is placed and gives his/her consent for the Provider to contact him/her, by any means available / agreed by the Provider, in any situation in which the Provider considers that it is necessary to contact the Client in order to carry out the Contract between the Provider and the Client.
3.5. The Provider will contact the Client to confirm the receipt of the Order, the final price of the ordered Products and the deadline for the execution of the ordered Products – the Order Confirmation. The Contract will be deemed to have been concluded at the time the Order Confirmation is sent to the Client by the Provider.
4. DEADLINES AND DELIVERY
4.1. The duration of execution of each Order is determined by the Provider, depending on the Order’s complexity and the volume of orders in progress during the period the Order is placed. The execution of the ordered Products will be initiated at the time the amounts representing the total price of the ordered Products are received into the Provider’s account.
4.2. The Provider will inform the Client about the finalization of the Products and provide proof of placing the ordered Products to the delivery company – Finalization Confirmation. The ordered Products will be considered as being finalized at the date the Finalization Confirmation is sent to the Client regardless of the date the ordered Products are received by the Client (the Provider declines any responsibility for the duration of the delivery services performed by the delivery company).
4.3. The delivery costs will be covered by the Client and will be paid directly to the delivery company at the date the ordered Products are received by the Client.
5. PRODUCTS PRICE, PAYMENT TERMS
5.1. The price of each Order is automatically generated on the Site as Client adds the selected options and the total price of the Order is displayed prior to placement of the Order so that the Client becomes aware of it and is validated by the Provider through the Order Confirmation.
5.2. The price of each Order is calculated on the basis of the unit prices for each item (option) of the Provider's offer that are assumed by the Client at the time of placing the Order.
5.3. If the Client adds to the Order options outside the general offer of the Provider, but accepted by the Provider, the unit price of such options and the final price of the Order shall be notified in a later confirmation. In this case, the date of the conclusion of the Contract will be the date on which the Client confirms the unit price of the respective options and the final price of the Order.
5.4. The payment of the ordered Products will be made by the Client in advance, by bank transfer into the Provider's account, while the execution of the Order will develop as follows:
i. The Provider will send to the Client the fiscal invoice related to the ordered Products within maximum 3 days as of the date the Contract is considered as being concluded, as mentioned within articles 3.5 and 5.3 above;
ii. The execution of the ordered Products will be suspended until the Provider's account is credited with the amounts representing the total price of the ordered Products, as mentioned within the fiscal invoice sent by the Provider;
iii. The Client will pay the fiscal invoice submitted by the Provider within maximum 5 business days as of the date such invoice is sent and will deliver to the Provider the proof of the payment (a copy of the document to attest the performance of the payment sent by e-mail to the Provider will suffice).
iv. In case the payment of the ordered Products is not performed by the Client within the term mentioned above, the Provider cancels the Order and the Contract related to such Order will be considered terminated.
6. COMPLAINTS AND GUARANTEES
6.1. The Provider undertakes to replace, within similar execution terms as the ones related to the original delivery, on his costs, including the delivery cost, any photographic materials which are damaged at the time such Products are received by the Client, provided the Client notifies such deficiency within 2 working days from taking possession of the Products (and providing proofs of such deficiency) and, at the Provider’s request, to return the damaged Products, on the Provider’s costs. However, the Client undertakes to check the condition of the packages and, if the packages are damaged, to preserve proofs of such damaged packages (e.g. photos, etc.) and to send such proofs of damaged packages to the Provider together with the proofs of the damaged Products.
6.2. The Provider offers a one-year guarantee for the Products, covering only issues related to bindings, stitches, and the color intensity of the prints. If any of the covered damages occur, the Provider undertakes to replace the defective Products, within similar execution terms as the ones related to the original delivery, at its expense, including the costs of delivery, provided the Client returns the products at the Provider’s request.
6.3. Claims regarding the quality and the deterioration of the Products will be submitted to the Provider using the communication means available on the Site.
7. RIGHTS AND OBLIGATIONS OF THE PROVIDER
The rights and obligations of the Provider are derived from the entire Document, by observing each contractual provision, such as, but not limited to:
7.1. The Provider will execute the ordered Products with professionalism and promptness.
7.2. The Provider will display the price for each Product in real time, at the time the Order is placed by the Client.
7.3. The Provider will comply with the performance options as requested by the Client.
7.4. The Provider will comply with the deadline and the final price of the Products ordered, as mentioned in the Order Confirmation.
7.5. The Provider will inform the Client about any issues that might jeopardize the quality of the Products ordered (the quality and conformity of the images, collages and graphics elements, respectively the accuracy of the texts sent by the Client) to the extent such are identified by the provider and will ask the Client to appropriately modify the Order. The resulting additional costs will be paid by the Client; the initial deadline communicated to the Client begins to run from the date the Client modified the Order according to the Provider's observations. For avoidance of any interpretations, the Client takes on responsibility for the correctness of the transmitted texts / the conformity of the collages and the graphic elements, while the Provider cannot be held responsible for verifying / correcting / informing the Client about this.
7.6. The Provider may request changes of certain items of the Order or the extension of the communicated deadline, at any time during the performance of the Contract, in case, for reasons beyond the control of the Provider (such as, but not limited to, delays / discontinuity of procurement of supplies of materials and consumables, defects of equipment used in service provision, inoperability of the work site - no electricity, water, gas), the latter is unable to complete the Order entirely or in due time. In such cases, the Provider will respect the Client's right to choose to cancel the Order without costs or damages. The Products finalized at the time the Client cancels the Order for the reasons mentioned above will be delivered to the Client while the price of the Products which may not be completely / timely finalized will be reimbursed to the Client within maximum 14 business days as of the date the Order is cancelled by the Client.
7.7. The Provider will collect the value of the Products ordered by the Client in full, within the terms and in accordance with the specifications of this Document and of the Order.
8. RIGHTS AND OBLIGATIONS OF THE CLIENT
The rights and obligations of the Client are derived from the entire Document, by observing each contractual provision, such as, but not limited to:
8.1. The Client undertakes to know the technical standards applicable to processing of digital materials for printing and to prepare photographic images, photographic image collages, texts and graphics sent to the Provider, for customizing the Products ordered, in accordance with the technical standards applicable.
8.2. The Client undertakes to mention in the Order, in clear and in non-interpretive terms, all the elements (options) required for performance of the Order.
8.3. The Client may request the cancellation or amendment of the Order at no additional cost until the date the execution of the said Order is initiated, as per the provisions of the article 4.1 above. Once the execution of the ordered Products is initiated by the Provider, the Client may request the cancellation or amendment of the Order subject to assuming any additional costs generated by the operations already achieved by the Provider or being in progress, respectively the value of the completed Products. The amounts to be reimbursed by the Provider following the cancelation / amendment of the initial Order by the Client, if case may be, will be reimbursed by the Provider within maximum 14 business days as of the date the Order is cancelled / modified by the Client. Any amendment of the initial Order may involve changing the deadline initially communicated and / or changing of the final price.
8.4. The Client is entitled to be informed in a timely manner of any aspect, ascertained by the Provider, which affects the quality of the Products ordered, and the proposals for amendments of the specified options, delays in the Order performance, and changes in the final price.
8.5. The Client will pay for the Products made by the Provider in accordance with the terms set out in this Document.
9. RIGHT OF WITHDRAWAL
9.1. The Products executed in accordance with Client's orders fall within the class of clearly customized products and may not be subject to the right of withdrawal governed by Articles 9 - 15 of the Emergency Ordinance no. 34/2014 on consumers rights provided by contracts with professionals, the exception from the right of withdrawal being regulated by article 16 (c) of the aforementioned Emergency Ordinance.
10. CONTRACTUAL LIABILITY
10.1. If one party honor its obligations late, it will pay to the other party 0.1% late penalties per day of delay from the Order value. The amount of the penalties may not exceed the value over which they are owed.
10.2. The party that fails to comply / perform its contractual obligations will incur damages, within the limit of the damage suffered by the other party.
11. PROCESSING OF PERSONAL DATA
The personal data of the Users / Clients will be processed by the Provider for the purposes and on the basis of the grounds outlined in the Privacy Policy available on the Site.
12. COPYRIGHT
12.1. The Content, as defined in the preamble, including but not limited to texts, logos, trading symbols, static or dynamic images, multimedia content, programs, scripts, and any other data presented on the Site is the sole property of the Company and is protected in accordance with the provisions of Law no. 8/1996 on copyrights and associated rights.
12.2. Copying, distributing, publishing, transferring to third parties, change or alteration, use, linking to, displaying, including any content in any context other than that originally intended by the Company, the inclusion of any content outside the Site, the removal of the signs that signify the copyright of the Company over the Content, and participation in the transfer, sale, distribution of materials made by reproducing, amendment or displaying the Content without the express written consent of the Company is breach of the Company’s copyrights and entitle the Company to oblige the persons in breach to pay damages and cover the entire damage caused to the Company.
13. FINAL PROVISIONS
13.1. Within the limit of the provisions of this Document - Terms and Conditions, the Company will not be held liable for any errors occurring on the Site, regardless of the cause, including but not limited to modifications, settings, etc. and that are not made by the Site administrator. The Company is not liable for damages caused as a result of full or partial failure of the Site, nor for those resulting from the impossibility of accessing certain links published on the Site. The Company declines any liability for the content and / or quality of other websites that may be accessed through various links to the Company's Site. Holders of such websites are entirely liable for them.
13.2. This Document, its contents, the Site and the Order sent by the Client and any conflict arisen between the User / Client and the Provider will be interpreted in accordance with the Romanian legislation. Any and all disputes will be first settled amicably, by mutual agreement. If this is not possible, the dispute will be settled by the competent court at the headquarters of the Provider.
13.3. If any of the above provisions is declared null or void by a court, the arbitral tribunal or any other competent authority, the null or inapplicable provision will be removed from the Document, the remaining provisions remaining in force.
13.4. The Company reserves the right to unilaterally amend the Site / its structure and / or content at any time, without prior notice and / or prior consent of the User / Client, to enter advertising banners of any kind and/or links to any page of the Site, in accordance with the applicable legislation.