Terms and Conditions
1. General Terms and Conditions of Purchase (GTCP) apply to all purchases of Goods of S.C. DB ATELIER DE PRODUCTION S.R.L, through presentation website www.ichiban.ro made by The Buyer and can be modified with the agreement of both parts.
In this GTCP the next terms will signify:
"The Buyer": the person, the company or any other juridical entity who emits a purchase.
"The Seller": Comercial society S.C. DB ATELIER DE PRODUCTION S.R.L, with social headquarters in Bucharest, sector2, Agricultori Street 37-39, floor 4
Registry of commerce: J40/11041/14.09.2011,CUI: RO29101062, social capital 200 lei.
"Goods and services": Goods and/or parts of it or services, including documents and services mentioned in Purchase or regarding another method provided by the Seller to the Buyer.
"Purchase": an electronic document used as a form of communication between the Seller and the Buyer in which The Seller agrees to deliver Goods and Services and the Buyer agrees to receive these Goods and Services and make the puchase.
"Contract" A purchase confirmed by the Seller
"Intellectual Property Rights" (IPRs): all immaterial rights as 'Know-how', author rights, database rights, designing rights, model rights, registered trademarks, registrations of domains names for any of the previous mentioned.
"Specifications": all specifications and/or descriptions of Good and Services as they are mentioned in The Purchase.
2. CONTRACTUAL DOCUMENTS. By emiting/launching an electronic or telephonic order from on the previously mentioned website, The Buyer agrees with the communication methods (phone or e-mail) in which the Seller operates. The Purchase will be composed of the following documents, in order of importance:
2.1 The Purchase (with the clear mentions of shipping details and billing) and its special conditions
2.2 Buyer's specifications (if necessary)
2.3 GTCP. If the Seller validate the order, this will imply a complete acceptance of the Purchase terms. The Purchase acceptance is considered finished when a verbal(through phone) or electronic (through e-mail) confirmation from the Seller to the Buyer is made, without the necessity of confirmation of receiving from the Buyer. The Seller won't consider an unconfirmed purchase to have a contractual value.
3. VALIDITY. The existing contract will come in effect at Purchase confirmation by the Seller. The confirmation is made telephonic or electronic. GTCP will be the underlying of the completed Contract, in addition will be emitted the Warranty certificate by the Seller or by its providers.
4. EXTENSON OF THE SELLER'S OBLIGATIONS
4.1 The Seller will use its profesional and technical knowledge to achieve the results provided in the Purchase and will deliver Goods and Services that satisfy the requirements, the needs and specifications of The Buyer.
4.2 The informations presented on the Seller's website has informative aspects and can be edited by the Seller, without announcement/notice. Also, by legal reasons regarding space and the coherence of informations structure, the descriptions of the products can be incomplete, but The Buyer will provide the most relevant informations for the product to be used in the parameter in which it was purchased.
4.3 Communication with the shop can be done by interacting with it, posting opinions regarding the products or sending through messages on the address mentioned in "Contact". Opinions or appeals of strong language will be deleted or ignored.The Seller has the right to manage the informations received, without having to justify themself
5. DIVESTITURE AND SUBCONTRACTING. The Seller can assign and/or subcontract a 3rd party for services for finishing the purchase, with notifying the Buyer, his agreement won't be necessary. The Seller will always be responsable to the Buyer for all the contractual obligations.
6. Intellectual and industrial Property Rights" (IIPRs). The Buyer understands the intellectual property rights and won't reveal to a 3rd party or make public (internet or media) none of the informations received from the Seller. Also, website name and graphic marks are trademarks owned by S.C. DB ATELIER DE PRODUCTION S.R.L. and cannot be taken, reproduced and used, without the written agreement of the owner.
7. PRIVACY-PUBLICITY. Any plans, documents and informations provided by the Buyer to the Seller, including the purchase, will remain in the property of the Seller. They can be used to execute the contract and can be made known only with the written consent to the Buyer and after obtaining a privacy commitment from the receiver. No public declaration, promotions, press release or any other releaving methos to the third party will be made by the Buyer regarding the purchase without the written consent of the Seller.
8. PENALTY DEADLINES. If the deadlines of the shipping and/or departure of the Purchase cannot be respected, the Seller is forced to notify the Buyer about the estimated deadline of the finished delivery. The Buyer has the right to claim loss from the Seller, when is allowed by law if the Seller did not fulfilled or has partially fulfilled the contract according to the fixed deadlines. If the Buyer delay its payments from the deadlines shown in the bill emitted by the Seller, is forced to a penalty payment of 0,5%/day from the total amount. If the Seller receive wrong information regarding billing or shipping the products, there will be made a new deadline within 3 working days.
9. BILLING-PAYMENT The price and the payment methods are mentioned in the Purchase/Order. The Seller will sent to the Buyer a bill for delivered Goods and Services, the duty of the Buyer is to fill up all the necessary information for emitting the bill acording to the law.
10. RISKS AND RESPONSABILITIES.
10.1 Delivery. The Seller must deliver Goods and Services in door-to-door system to the Buyer and assure a 24-72 hours deadline from passing the Order in the Delivery status. Delivery status can be tracked in the personal account created by the Buyer on the previously mentioned site. In rare conditions( weather, roads accidents) The Seller will inform The Buyer about de delay and will provide a new estimated deadline.
10.2 TRANSPORT-PACKING. If the Seller and the Buyer disagree, The Seller will release themself from the risks and responsabilities asociated with Goods and Services in delivery moment by the courier society that the Seller has contract with or with the representative of the Buyer. The Seller will assure the packing of Goods and Services and will assure the delivery of the documents. The Seller will deliver Goods and Services in Romania teritory.
11. ACCEPTANCE. The acceptance will be made when Goods and services comply with the technical characteristics mentioned in the Purchase. If the Buyer dicovers that the delivered Goods and provided services do not comply with the technical specifications, then the Seller will bring to compliance Goods and services in maximum legal deadlines according to the Purchase, without extra-charging the Buyer for these operations. Also, The Seller will respect the provisions of the Law 51/2003 for approval of Government Ordinance nr. 130/2000 regarding juridical regime of long-distances contracts, which offers to the Buyer(only within the conditions of the mentioned normative act) the right to denounce in 10 days the Contract, following with the receiving, within 30 days from the denounce (document signed by the Buyer and send through e-mail or mail with receive confimation), the price of the contract, conditioned by the return of Goods and Services. The Seller has the right to request loss to the Buyer if is considered that the actions of the Buyer were harmful.
12. WARRANTS. Alongside any oher warrants provided by law and detailed in the warrant certificate emitted by the Seller, it guarantee the Buyer against any disagreement that can affect the Goods and Services or a part of it, excepting the wearing down for a 12 months period after the bill was emitted.
13. PROPERTIES TRANSFER. The property over Goods and Services will be transfered in the moment of purchase by the buyer at the delivery point (meaning signing the transportation document provided by the courier or signing the bill received directly from the Seller). If delivered by courier, he is not authorised by the Seller to allow the Buyer to open the package before signing, only after signing the receiving delivery document and eventually pay the amount of money if necessary. The Seller is only responsable for the content of the package if exists a signed document between the Buyer and the courier representant.
14. RESPECTING THE LAW AND STANDARDS. The seller will respect all laws, regulations, ordinances applicable at its contractual acomplishments, including no limitation at manufacture, assembly, manipulations, transport, storing, packing or shipping the Goods and Services and applicable at health, security and environment.
15. LIABILITY. The Seller cannot be responsable for any kind of loss that the Buyer or any 3rd parties can suffer as a result of accomplishment by the Seller of any other obligations according to the Purchase, and for loss resulted from using Goods and services after delivery and for losing the products. The seller will be responsable if the sub-contractors and/or their partners involved in the Purchase do not fulfill contractual obligations.
16. VIOLATION. If the seller does not execute their obligations, especially in the warrant period, the Buyer will notify the seller about his unfulfillment. An action plan will be validated between these 2 parties in 3 days from notification. The buyer can cancel the Purchase through email, before the delivery is made. Contrary, the Purchase will be returned to the mentioned address.
17. MAJOR FORCE. No part will be responsable for unfulfillment of their contractual obligations if the unfulfillment is due to a major event. Major force is an unpredictable event out of the control of the parties that cannot be avoided.
18.APPLIED LAW- JURISDICTION. the present contract is under the romanian law. Any issues from interpretation and execution of this contract will be solved , and if it won't get to an agreement, it will end up in court
19. OTHER PREVISIONS. If one or more previsions of the present GTCP are in a conflict with any demand legally applied, those previsions won't be applied and the Parts will try to agree on new previsions that respect the ideals of the previous previsions. The contracted parts will be considered independent contracters and no part will have the right or authority to take or create any obligation on the advantage or loss of the other. The terms and conditions of this contract replace other previous agreements written or spoken between Parts regarding the subject of the present Contract and cannot be edited or changed without the written agreement of both Parts.