Terms and Conditions

OVERVIEW

Welcome to Achimia Art, your online destination for exploring and purchasing Eastern-European art. Throughout our website, the terms “we,” “us,” and “our” refer to Achimia Art. By using our site, you agree to adhere to our Terms and Conditions, which govern your use of our online gallery and shop, including all the features and services we offer. If you do not agree with these terms, we kindly ask that you refrain from using our site.

Our platform provides a space for users to view and purchase artworks. Your engagement with our site—including browsing, purchasing, and accessing additional tools and information—is subject to these Terms and Conditions. It is important that you provide accurate and complete information while using our site and that you comply with all applicable laws and regulations.

You can access the latest version of our Terms of Service at any time on this page. We reserve the right to modify, update, or replace any part of these Terms of Service by posting changes on our website. It is your responsibility to regularly review this page for updates. By continuing to use or access the website after any changes have been posted, you agree to accept those changes.

Achimia Art reserves the right to modify the content of these terms and conditions at any time. While we will make reasonable efforts to inform you of such changes whenever possible, we ask that you periodically check the Terms and Conditions section on the site. These changes become binding from the date they are posted on our website or the main page, where the updated terms and conditions can always be consulted. If you no longer agree with the new provisions, please discontinue using the site. If you continue to use the site after any modification, we will assume you have agreed to the changes.

SECTION 1 – WEBSITE ACCESS

The Site is operated by Achimia Art for the purpose of showcasing and selling artwork. The website and its content, including but not limited to text, graphics, images, and software, are owned or licensed by Achimia Art. Unauthorized use of the Site or its content is prohibited.

To access certain features of the Website, you need to create an account. You are prohibited from using another person’s account without authorization. When setting up your account and profile, you must provide accurate and complete information. You are responsible for all activities that occur under your account and must keep your password confidential. You may change your password at any time through your account profile page. Additionally, you must notify Achimia Art immediately if you become aware of any unauthorized use of your password or account, or any security breaches.

You agree to provide true, accurate, current, and complete information in all required registration fields. If your information changes, you agree to update it promptly. If Achimia Art suspects that your registration information is incorrect, incomplete, or outdated, or if you violate these Terms and Conditions, your account may be suspended or terminated, and you may be prohibited from using the Website.

The website may include links to third-party websites that are not owned or controlled by Achimia Art. We have no control over the content, privacy policies, or practices of these external sites and accept no responsibility for them. By using our website, you expressly release Achimia Art from any and all liability resulting from your use of any third-party websites.

SECTION 2 – ONLINE SHOP TERMS

By registering with the Website, you represent that you are of legal age to form a binding contract or that you have obtained consent to permit any minor dependents to use the Site and that you are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. 

When making a purchase through Achimia Art, payment must be completed via credit or debit card. It is important to note that payment is not considered finalized until Achimia Art has received cleared funds. This means that the transaction is only complete once the payment has been fully processed and verified by our system. Until this confirmation is received, the ownership of the artwork does not transfer to the buyer.

The transfer of ownership for any artwork purchased from Achimia Art occurs only when the physical possession of the artwork is handed over to the buyer. This means that while payment secures your purchase, the actual title of the artwork is formally transferred upon delivery. This ensures that the buyer has the rightful ownership of the piece once it is in their physical possession.

Achimia Art upholds a strict policy against the misuse of our products and services. You are prohibited from using our artwork or services for any illegal or unauthorized purposes. This includes, but is not limited to, adhering to copyright laws and other applicable regulations in your jurisdiction. Our platform must not be used to transmit any harmful code, such as worms, viruses, or other destructive software.

We take breaches of our Terms and Conditions seriously. Any violation, including unauthorized use or illegal activity, will result in the immediate termination of your access to our services. Ensuring compliance with our terms is crucial for maintaining the integrity and security of our platform.

At Achimia Art, we strive to offer a secure and enjoyable experience for all users. By adhering to these guidelines, you contribute to a trustworthy environment where art and transactions are handled with the utmost respect and legality. If you have any questions about our terms or need further clarification, please do not hesitate to reach out to our support team.

All artworks displayed on the Website are subject to availability. The art gallery strives to ensure that all descriptions and prices are accurate, but errors may occur. We reserve the right to correct any errors and change prices or availability without prior notice.

Risk of loss or damage to the artwork passes to you upon delivery. Achimia Art is not liable for any loss or damage occurring after the artwork has been delivered. If the Artwork is not delivered within a reasonable time or if you have not received a delivery within the timeframe stated, please contact us at contact@achimiaart.com

SECTION 3 – PURCHASE PROCESS

3.1. Placing an Order

The Client/Buyer can place orders on the Achimia Art website by adding the desired Goods and/or Services to the shopping cart and completing the order by making a payment using one of the expressly indicated methods. Once added to the shopping cart, a Good and/or Service is available for purchase as long as it is in stock. Adding an item to the shopping cart without finalizing the order does not result in a recorded order or an automatic reservation of the Good/Service.

3.2. Accuracy of Information

By finalizing the order, the Buyer consents that all the information provided for the purchasing process is correct, complete, and true at the date of placing the order.

3.3. Contacting the Buyer

By finalizing the order, the Buyer agrees that Achimia Art may contact them through any available means in any situation where contacting the Buyer is necessary.

3.4. Order Cancellation

Achimia Art reserves the right to cancel an order placed by the Buyer, following prior notification to the Buyer, without any further obligations for either party or the ability for either party to claim damages in the following cases:

• The issuing bank of the Buyer’s card does not accept the transaction in case of online payment.
• The transaction is invalidated by the payment processor used by Achimia Art in case of online payment.
• The information provided by the Client/Buyer on the website is incomplete and/or incorrect.

3.5. Right of Withdrawal

The Buyer has the right to withdraw from the Contract, return a Good, or cancel a Service within 14 calendar days without providing any reason and without incurring any costs other than delivery charges. The return period expires 14 days from:

• The day the Buyer takes physical possession of the last Good, in the case of a single order with multiple products delivered separately.
• The day the Buyer takes physical possession of the last Good or the last piece, in the case of delivery of a product consisting of multiple lots or pieces.

3.6. Withdrawal Process

If the Buyer decides to withdraw from the Contract, they must send an email to orders@achimiaart.com. We will then provide the necessary information regarding the return shipping costs. Shipping costs are non-refundable, and you will be responsible for the return shipping costs.

3.7. Returning Gifts

If the Buyer requests withdrawal within the legal withdrawal period, they must also return any gifts that accompanied the purchased product. If the order has been paid for, Achimia Art will refund the amount within 14 days from the date the Buyer informs us of their decision to withdraw. The amount will be returned via the payment method used or through a voucher for the value of the returned product.

3.8. Refund Timing

Achimia Art may delay the refund until the Goods are received back or until proof of their return is provided if we have not offered to collect the Goods ourselves (the most recent date will be taken into account).

3.9. Condition of Returned Goods

If you decide to return an artwork, it must be in its original condition; we cannot accept returns of items that arrive damaged in transit back to us. Consequently, if a returned artwork is found to be damaged, we will be unable to issue a refund. It is the responsibility of the customer to ensure that artworks are securely packaged when returned. Upon receipt of a returned item, we will conduct a careful inspection, and if the artwork is damaged, we will notify you and retain the item, as no refund will be provided. If you have any questions about returns or believe you have received a damaged or incorrect item, please contact our customer service team at orders@achimiaart.com before proceeding with the return. Alternatively, at the Buyer’s request, we will reship the Good, with the delivery costs being the Buyer’s responsibility.

3.10. Diminished Value of Returned Goods

3.10.1. Since the Buyer does not have the opportunity to inspect Goods before completing a distance sale contract, they have the right to withdraw from the contract. For this reason, the Buyer is allowed to test and inspect the purchased Goods to the extent necessary to establish their nature, characteristics, and functioning.

3.10.2. The Buyer is responsible for any diminished value of the Goods resulting from handling beyond what is necessary to establish their nature, qualities, and functioning. If the Buyer exercises their right of withdrawal after using the Goods in a manner that exceeds the necessary limit for determining their nature, characteristics, and functioning, they are responsible for the diminished value.

3.10.3. Accessories (such as the packaging box and certificate of authenticity) and the original packaging are integral parts of the Good. Therefore, we recommend that the Buyer return the Good in its undamaged original packaging when exercising their right of withdrawal.

3.10.4. Considering that we sell works of art, returns for Goods showing signs of wear (stains, scratches, bends, cracks, dents, etc.) will not be accepted. Any diminished value of the Goods resulting from handling beyond what is necessary to establish their nature, qualities, and functioning is the Buyer’s responsibility. For clarity, from the total price of the returned Good, Achimia Art will retain an amount representing the diminished value. The fee amount will be communicated to the Buyer upon receipt of the returned Goods.

3.10.5. If the artwork is damaged or lost during transit, we will assist you in resolving the issue. If the box appears damaged upon arrival, please take photos of the box before opening it, as well as the artwork and any damage inside. Email these images to orders@achimiaart.com within 5 days of receiving the artwork, as they are required for filing claims with the shipping company. If return shipping becomes necessary, please keep the original packaging.

3.10.6. Requests submitted after 5 days or without the necessary photos of the artwork and packaging may not be eligible for a refund.

3.11. Non-Delivery of Goods

If a Good and/or Service ordered by the Buyer cannot be delivered by Achimia Art, we will inform the Client/Buyer of this fact and refund the value of the Good and/or Service to the Buyer’s account within 7 days from the date Achimia Art became aware of this fact or from the date the Buyer expressly expressed their intention to terminate the Contract.

SECTION 4 – PRICE, PAYMENT, TAXES AND CURRENCIES

4.1. Prices

All prices for the Works are listed in Euro (€). The Buyer is responsible for any other taxes (including, but not limited to, any customs duties) applicable in the territory to which the Goods are sent.

4.2. Payment

4.2.1. Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time, and the Contract will be in force. The Buyer is responsible for ensuring that all payment details provided for the purpose of placing an Order are accurate and complete. All payment transactions are secured using industry-standard encryption protocols to ensure the safety and confidentiality of your financial information.

4.2.2. The Buyer must ensure that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered.

4.2.3. Achimia Art reserves the right to validate the Buyer’s credit card or debit card details before accepting the Order.

4.2.4. Any credit accumulated may be applied solely at the discretion of Achimia Art. Achimia Art reserves the right to limit, invalidate, or deny the application of credit to a purchase or rental at any time and to amend, invalidate, or terminate the conditions for the accumulation of credits.

4.2.5. Discounts or promotions offered by Achimia Art are subject to availability and may be terminated or amended at any time. Discounts or promotions are not cumulative unless expressly stated otherwise by Achimia Art. Only one discount or promotion may be applied to an Order unless otherwise agreed by Achimia Art.

4.2.6. Achimia Art reserves the right to reject any Order based on erroneous pricing, discounts, or promotions.

4.3. Taxes

4.3.1. The Buyer is responsible for paying all applicable sales, use, VAT, GST, or other taxes or charges imposed by law in connection with the sale of the Works.

4.3.2. The Buyer agrees to indemnify, defend, and hold harmless Achimia Art from any costs associated with the Buyer’s failure to pay such taxes or charges.

4.3.3. The Buyer is responsible for any additional charges or taxes that may be imposed after the completion of the Order due to changes in applicable tax laws.

4.4. Accuracy of Billing and Account Information

4.4.1. We reserve the right to refuse any order placed with us. We may, at our discretion, limit or cancel orders based on quantities purchased per person, household, or order. This includes orders made under the same customer account, using the same credit card, or with identical billing and shipping addresses. If we need to modify or cancel an order, we will make reasonable efforts to notify you using the contact details provided at the time of the order.

4.4.2. Additionally, we may restrict orders that appear to be made by dealers, resellers, or distributors. It is your responsibility to provide accurate and complete information when placing an order or creating an account with us. Please ensure that your account details, including email address and credit card information, are current and promptly updated to facilitate successful transactions and communication.

SECTION 5 – ANTI-MONEY LAUNDERING COMPLIANCE

5.1. Compliance with EU Anti-Money Laundering Regulations

5.1.1. Achimia Art adheres to EU Anti-Money Laundering (AML) regulations. In compliance with these regulations, we are required to undertake additional verification processes for transactions involving works of art valued at €10,000 or more.

5.1.2. This requirement is enforced by EU legislation to help combat money laundering within the art market, which has become a regulated sector. We understand that this may cause some inconvenience, but we appreciate your understanding as we comply with these mandatory regulations.

5.2. Verification Requirements

5.2.1. For Transactions of €10,000 or More Involving Individuals:

• We will need to obtain an original or certified copy of your passport or other similar photo identification.
• Proof of your permanent residential address is also required.
• We will take copies of these documents for our records.
• Additionally, we will require details of the source of the funds, including the name of the bank, account name, and account number.

5.2.2. For Transactions of €10,000 or More Involving Companies:

• We will need copies of the company’s incorporation documents.
• Details of the company’s directors and ultimate beneficial owners are also required.

5.3. Payment and Third-Party Transactions

5.3.1. Funds can only be received from the person named on the invoice. If you wish for a third party to make the payment, you must discuss this with us in advance. We will need to conduct due diligence on the third party, and confirmation of satisfactory due diligence must be obtained before accepting the funds.

5.3.2. Without prior agreement and confirmation of due diligence on a third party, we may not be able to accept the payment from such a third party.

5.4. Data Protection

5.4.1. All personal data collected during this verification process will be held and processed securely in accordance with applicable data protection legislation.

5.5. General Provisions

5.5.1. Achimia Art reserves the right to amend these procedures in response to changes in legislation or internal policies.

5.5.2. If you have any questions or concerns regarding our anti-money laundering procedures, please contact us directly for assistance. By proceeding with a transaction, you acknowledge and agree to comply with these anti-money laundering requirements.

SECTION 6 – INVOICING

6.1. Payment Terms

6.1.1. The price, payment method, and payment terms are specified in each Order. Achimia Art will issue an invoice to the Buyer for the Goods and Services delivered. The Buyer is required to provide all necessary information for the issuance of the invoice in accordance with applicable legislation.

6.2. Invoice Delivery

6.2.1. Achimia Art will send the invoice related to the Order containing Goods, as well as for any other payments related to the Order, exclusively in electronic format. The invoice will be added to the Buyer’s Account or sent via email to the address provided by the Buyer in their Account.

6.2.2. To ensure accurate communication of the invoice related to the Order, the Buyer is responsible for updating their Account details whenever necessary and for accessing the information and documents related to each Order available in their Account.

6.2.3. By submitting an Order, the Buyer agrees to receive invoices in electronic format through their Account or via email, as specified in their Account.

6.2.4. If these details are unavailable in the Account for more than 48 (forty-eight) hours, please notify us at: orders@achimiaart.com.

6.3. Payment Card Data

6.3.1. The payment card details of the User/Buyer will not be accessible to Achimia Art and will not be stored by Achimia Art. They will be stored by the payment processor integrated into the Site, an entity authorized to provide card data storage services. The User/Buyer will be informed of the identity of this entity before entering their card details.

6.3.2. Achimia Art provides the service of recording and storing payment card data through Stripe, an authorized entity for card data storage services.

6.4. Security Measures

6.4.1. In some cases, to maintain the security of Transactions, the Buyer may be required to authorize the payment by re-entering the Account password or using fingerprint authentication on mobile devices that support this feature.

6.4.2. For security reasons, Users/Buyers are advised not to remain logged into the Site and to avoid setting up automatic login on mobile devices. Disclosure of account passwords is not permitted, and it is recommended to use a strong password (e.g., at least eight characters, including uppercase letters, lowercase letters, numbers, and special characters).

SECTION 7 – DELIVERY

7.1. Personal Pickup

7.1.1. Orders can be picked up in person. If you choose the personal pickup option, you will receive an email with the address and instructions for collection once your artwork is ready.

7.2. Delivery of Artworks

7.2.1. Shipping is handled through DHL, and the cost will be calculated automatically at checkout. The shipping price includes mandatory insurance for the artwork.

7.2.2 Due to varying regulations for the import of artworks, packaging requirements can differ by country. Some locations may require custom wooden packaging, which is tailored specifically for each shipment. As DHL calculates shipping costs based on the final package weight and dimensions, there may be variations in shipping charges.

7.2.3. Once we receive the invoice from the transportation company, we will review and adjust the shipping costs accordingly. If you have paid more than the final calculated shipping cost, we will refund the excess amount to you. Conversely, if the actual shipping cost exceeds the amount initially paid, you will be required to cover the additional cost. We will notify you via email regarding any adjustments to the shipping cost as soon as we have the final details from the transportation company.

7.2.4. Achimia Art aims to process and ship your Order within 7 days of Order Confirmation. Any delivery dates provided are indicative and not guaranteed. Time for delivery will not be of the essence of the Contract, and Achimia Art will not be liable for any loss or expenses incurred by the Buyer due to delays in delivery, regardless of the cause.

7.3. Inspection and Proof of Delivery

7.3.1. The Buyer must inspect the Goods upon delivery. For deliveries by courier, the Buyer must sign the proof of delivery or collection acceptance document as required. Signing this document will serve as conclusive evidence that the Buyer has received the Goods in the indicated quantity and free from any apparent defects or damage.

7.3.2. If the Goods are found to be damaged or defective upon delivery, a written description of the damage or defect must be provided at the time of delivery and signed by or on behalf of the Buyer.

7.4. Failure to Accept Delivery

7.4.1. If the Buyer fails to take delivery of the Goods without valid reason, Achimia Art will not be obligated to refund the Price.

SECTION 8 – RISK OF DAMAGE AND TRANSFER OF GOODS

Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.

SECTION 9 – MODIFICATIONS TO THE SERVICE AND PRICES

9.1. Prices for our Artworks are subject to change without prior notice. The price applicable to your order will be the one in effect at the time you place your order, as confirmed in your order confirmation. We do not guarantee that the prices listed on our website or in our gallery will remain unchanged. Any price changes will be applied prospectively and will not affect existing orders.

9.2. We reserve the right to modify or discontinue any part of our Service, including the range of Artworks, features, or content, at our sole discretion. We will strive to provide notice of such changes when they are significant and could impact your existing orders or experience. We will not be liable for any impact that modifications or discontinuations may have on your experience or any potential losses arising from these changes. However, we will make reasonable efforts to notify you if such changes affect your existing orders.

9.3. We shall not be liable for any direct or indirect impact, including any changes in price, modifications, suspension, or discontinuance of the Service, except as required by applicable consumer protection laws. In the event of a significant modification or discontinuation of the Service that affects your existing orders, we will make reasonable efforts to provide you with an appropriate remedy.

SECTION 10 – PRODUCT INFORMATION AND LIMITATION OF SALES

10.1. While we strive to provide accurate and detailed representations of our products, we cannot guarantee that your monitor’s display of any color or texture will be precise. Slight variations between the actual product and its online depiction are to be expected. Variations can result from several factors, including the quality of the photography, lighting conditions during the photoshoot, and the settings of your computer monitor. Different monitors can display colors differently based on their resolution, brightness, and color calibration. As a result, the colors and textures viewed on our website may not perfectly match the actual product.

10.2. If you have specific concerns about colors or textures, we encourage you to contact us for additional information before making a purchase. By purchasing our products, you acknowledge and accept that slight differences in color and texture may occur due to the factors outlined above. Such variations do not constitute a defect under our Return Policy.

10.3. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We may also limit the quantities of any products or services that we offer. All product descriptions, pricing, and availability are subject to change without notice at our sole discretion.

SECTION 11 – INTELLECTUAL PROPERTY RIGHTS

11.1. The content on the Website, along with the trademarks, service marks, and logos (“Marks”) are owned by or licensed to Achimia Art. The content is provided for your informational and personal use only. It may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or exploited in any manner without prior written consent from Achimia Art, except as expressly provided herein. Achimia Art reserves all rights not expressly granted in and to the Website and its content.

11.2. You agree not to engage in the use, copying, or distribution of any of the content other than what is expressly permitted herein. This includes any use, copying, or distribution of third-party Art Submissions obtained through the Website for commercial purposes. You also agree not to download or print a copy of any Art Submissions for personal or commercial use.

11.3. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website or its content.

11.4 The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Achimia Art.

SECTION 12 – LIMITATION OF LIABILITY

12.1. Achimia Art, including any parent company, subsidiaries, affiliates, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, owners, or operators, shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages. This includes, but is not limited to, errors, mistakes, or inaccuracies of content; personal injury or property damage resulting from your access and use of the website; unauthorized access to or use of our secure servers and any personal information stored therein; interruption or cessation of transmission to or from the website; bugs, viruses, Trojan horses, or similar issues that may be transmitted to or through the website by any third party; and errors or omissions in any content or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.

12.2. This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not the company has been advised of the possibility of such damages.

12.3. You specifically acknowledge that Achimia Art shall not be liable for any content, any submitted art, copyright violations by users of the Achimia Art website, or any defamatory, offensive, or illegal conduct by third parties. The risk of harm or damage from the foregoing rests entirely with you.

12.4. Regarding goods purchased by the Buyer, the liability of Achimia Art, its agents, employees, subcontractors, and suppliers, with respect to any claims arising from the performance or non-performance of obligations under the Contract or Order, or the provision of services, shall not exceed, in aggregate, the net purchase price (excluding taxes and freight) for such products or services. Liability shall not include damages for loss of profits or revenue, increased cost of purchasing or providing materials, supplies, or services, cost of replacement capital, claims of the purchaser’s customers, inventory or use charges, or incidental or consequential damages of any nature.

12.5. The website is controlled and operated by Achimia Art from its facilities in Romania. Achimia Art makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own discretion and are responsible for compliance with local law.

SECTION 13 – INDEMNITY

You agree to defend, indemnify, and hold harmless Achimia Art, including any parent company, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including, but not limited to, attorney fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your infringement of any third-party rights, including, but not limited to, any copyright, property, or privacy rights; or (iv) any claim that any of your Content or Art caused harm to a third party. This obligation to defend and indemnify will survive the termination of these Terms and Conditions and your use of the Website.

SECTION 14 – COMMERCIAL COMMUNICATIONS

14.1. The Buyer/User/Client may modify their preferences regarding consent given to the Seller for receiving Commercial Communications, which may include general and thematic information, such as details about offers or promotions, at any time as follows:

• By clicking the unsubscribe link displayed in the Commercial Communications received from the Seller; or
• By contacting the Seller directly.

14.2. By adding Goods or Services to the “My Cart” section of their Account, the Seller may send the Buyer/User Commercial Communications regarding:

• Price changes for the Goods or Services added to the “My Cart” section;
• Recommendations for Goods or Services similar to those added to the “My Cart” section;
• Availability of Goods or Services in the “My Cart” section; and
• Stock availability of Goods or Services added to the “My Cart” section.

If Goods or Services are added to the “Favorites” section, the Seller may send the Buyer/User Commercial Communications regarding:

• Price changes for the Goods or Services added to the “Favorites” section;
• Recommendations for Goods or Services similar to those added to the “Favorites” section; and
• Stock availability of Goods or Services added to the “Favorites” section.

14.3. After purchasing a Good or Service, the Seller may send the Buyer/User Commercial Communications regarding suggestions for Goods or Services recommended to be used in conjunction with the purchased item.

14.4. The Client/User can unsubscribe from the Commercial Communications mentioned in section

14.3 above at any time by clicking the unsubscribe link displayed in the messages or by contacting Achimia Art.

14.5. Additionally, to improve our offerings and purchasing experience, we may use your data to conduct market research and opinion surveys. The information gathered from these studies and surveys will not be used for advertising purposes but solely for the improvement of our services and offerings. Your responses to market research and opinion surveys will not be associated with your identity, nor will they be shared with third parties or published. You may object to the use of your data for market research and opinion surveys at any time by clicking the unsubscribe link displayed in the message or by contacting Achimia Art.

SECTION 15 – PROCESSING OF PERSONAL DATA

15.1. Please note that for accessing and using the Website, your personal data is processed by Achimia Art in accordance with our Privacy Policy, which is available here (insert link to privacy policy). This policy is an integral part of this Document.

15.2. Please be aware that when you interact with Achimia Art representatives via phone, these calls may be recorded to identify your needs, analyze the quality of services offered by Achimia Art, and improve them. If you do not agree to the recording, you can contact us through the other channels mentioned in the Contact section.

SECTION 16 – USE OF COOKIES

16.1. Cookie Usage and Purpose

Cookies are used for the following purposes: website functionality, visitor behavior analysis, and advertising. We encourage you to review these documents as they contain additional useful information, including details about Achimia Art’s data protection officer, all data processing purposes, your rights, as well as any exceptions and limitations. Proper protection of personal data is an important objective for Achimia Art, and we strive to be clear and transparent in our approach. For any questions, please contact us at contact@achimiaart.com.

A cookie is a small file consisting of letters and numbers that is stored on a user’s computer, mobile device, or other equipment used to access the internet. The cookie is installed via a request sent by the user’s terminal to an Achimia Art server or to a third-party server.

These files primarily enable the recognition of the user’s device and present content in a relevant way, tailored to the user’s preferences. Cookies ensure users have a pleasant browsing experience and support Achimia Art’s efforts to provide more user-friendly services, such as online privacy preferences, shopping carts, or relevant advertising. Additionally, they are used to prepare anonymous, aggregated statistics that help us understand how users engage with our website, allowing us to improve its structure and content without personally identifying the user.

16.2. Types and Management of Cookies

We use two types of cookies: session cookies and persistent cookies. Session cookies are temporary files that remain on the user’s device until the session ends or the application is closed. Persistent cookies remain on the user’s device for a period specified by the cookie parameters or until manually deleted by the user.

A visit to this site can place the following types of cookies:

• Cookies strictly necessary for website operation
• Analysis cookies
• Advertising cookies

Cookies and/or similar technologies that are strictly necessary are essential for the website’s proper functioning. They are set on your device upon accessing the site or following actions taken on the site, as applicable. You can set your browser to block these cookies, but certain sections of the site may not function correctly in this case.

Cookies or similar technologies do not in themselves require personal information to be used, and in many cases, do not personally identify internet users. However, there are situations where personal data may be collected through the use of cookies to facilitate certain functionalities for the user or to provide a more tailored user experience. Such data is encrypted in a manner that makes it inaccessible to unauthorized persons.

If you wish to block cookies, some functionalities of the site will be stopped, which may result in certain malfunctions or errors when using our site. For instance, blocking cookies may prevent you from making online purchases or logging into your account. Most browsers are set by default to accept cookies, but you can modify these settings to block some or all cookies.

Generally, an application used to access web pages allows the storage of cookies and/or similar technologies on the terminal by default. These settings can be changed so that the automatic management of cookies is blocked by the web browser, or the user can be informed whenever cookies are sent to their terminal.

Cookies and similar technologies are central to the efficient functioning of the internet, helping to generate a user-friendly browsing experience tailored to each user’s preferences and interests. Refusing or disabling cookies can make some sites or parts of sites unusable.

Browsers generally have integrated privacy settings that provide different levels of cookie acceptance, validity periods, and automatic deletion after the user has visited a particular site. Other security aspects related to cookies include customizing browser settings to reflect a comfortable level of security for cookie use. If you are the sole user of the computer, you can set longer expiration periods for storing your browsing history and personal access data. If you share computer access, you might consider setting the browser to delete individual browsing data each time you close it, allowing access to websites that place cookies and deleting any visit information at the end of the browsing session.

SECTION 17 – FORCE MAJEURE

17.1. Neither party will be held liable for failing to fulfill their contractual obligations if such failure, whether in whole or in part, is due to a force majeure event. A force majeure event is an unforeseeable occurrence beyond the control of the parties, which cannot be avoided.

17.2. If the force majeure event does not cease within fifteen (15) days from its occurrence, either party has the right to notify the other of the automatic termination of the contract without either party being entitled to claim any damages or compensation from the other.

SECTION 18 – GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

18.1. This document is governed by Romanian law. In the event of any disputes arising between the Seller and Users/Buyers, an attempt will first be made to resolve them amicably. This section and the procedure outlined below demonstrate the Seller’s willingness to resolve complaints, claims, and disputes quickly, efficiently, amicably, and outside of court, utilizing all legal mechanisms and measures applicable in Romania.

18.2. For complaints or claims related to the Goods and/or Services purchased, the functionalities of the Website, or illegal content, Users/Buyers, or any other interested parties may submit their complaints at any time by sending an email to contact@achimiaart.com. Achimia Art will inform the person who submitted the complaint of its acceptance and, where applicable, of the decision made, provided contact details have been provided. The maximum time for resolving complaints is 30 calendar days from the date of receipt.

If Users/Buyers or any other interested parties:

• Do not receive a response from the Seller within 30 days;
• Receive a response after this period;
• Are dissatisfied with the manner in which the Seller handled the complaint;

They may resort to alternative resolution procedures (ADR/ODR) as outlined below and, subsequently, to the competent courts as per Article 18.7 of this document.

18.3. For complaints regarding corrective measures taken by Achimia Art under this Document against a User/Buyer/Client, in addition to the alternative resolution procedures (ADR/ODR) presented below and later to the competent courts as per Article 19.7 of this document, Achimia Art provides an internal complaint resolution system accessible through email at contact@achimiaart.com. Complaints may be made within 6 months of the communication of the corrective decision by Achimia Art.

18.4. ADR (Alternative Dispute Resolution) offers consumers a mechanism outside the judicial system to resolve potential disputes when they face an issue related to purchasing a Good and/or a Service. Therefore, complaints against traders will be voluntarily presented by consumers and resolved in an independent, impartial, transparent, rapid, and fair manner.

18.5. To facilitate alternative dispute resolution, the Buyer’s complaint may be submitted in writing directly to the Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection at the following contact details: Address: Bucharest, Bulevardul Aviatorilor no. 72, sector 1, postal code 011865, Tel: 021.307.67.69; Fax: 021.314.34.62, Email: dsal@anpc.ro. The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to resolve both national and cross-border disputes arising from sales contracts or service contracts concluded with a trader operating in Romania. It is included in the list of ADR entities at the European level, available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. For further details, Buyers can access the link displayed on the site in the ANPC – ADR section.

18.6. In accordance with Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, Users/Buyers have the option to opt for out-of-court resolution of potential disputes by using the European Online Dispute Resolution platform (ODR platform). This digital tool, created by the European Commission, facilitates independent, impartial, transparent, effective, rapid, and fair resolution of disputes relating to contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a trader established in the European Union. In this regard, the link in the section: Online Dispute Resolution can be accessed.

18.7. ADR and ODR are not two different mechanisms for resolving potential complaints. The Buyer understands that alternative dispute resolution and online dispute resolution exist as a single mechanism, representing the same tool with an identical purpose, object, and outcome. The distinction between ADR and ODR is represented by the method of access/initial format of the respective complaint, such that in the case of ADR, the form of consumer address is a traditional one, in writing (by email, by post), while in the case of ODR, the consumer opts for the use of an online form available on a digital platform.

18.8. If amicable or alternative resolution of complaints/disputes is not possible, or mutual agreement is not reached, these will be resolved by the competent Romanian courts in the Municipality of Bucharest.

SECTION 19 – FINAL PROVISIONS

If any part of these Terms and Conditions is found invalid by a court, the remaining sections will still be in effect. Achimia Art’s failure to enforce any part of these terms does not imply a waiver of that provision. Achimia Art can amend these Terms and Conditions at any time without prior notice, with changes becoming effective upon posting on the Website. It’s the user’s responsibility to review the terms regularly. Continued use of the Website implies acceptance of any changes. Any legal action related to the Website must begin within one year of the incident, or it will be permanently barred.