Terms and Conditions

By using our website, you agree to the following terms:

Definitions:

  • Seller: ONEL DAN-ALEXANDRU SRL, headquartered at Str. Nicolae Titulescu, Jud Olt, Ors. Draganesti-Olt, Bl. PM1, Sc. B, Et. 3, Ap. 14, registered in the Trade Register under J28/271/2020.
  • Buyer: Any individual or legal entity that places an Order.
  • Products and Services: Any goods or services, including digital art, NFTs, and physical products, specified in the Order to be provided by the Seller to the Buyer.
  • Order: The electronic document serving as the communication between Seller and Buyer through which the Seller agrees to deliver Products and Services, and the Buyer agrees to receive and pay for them.
  • Contract: The confirmed Order by the Seller.
  • Intellectual Property Rights: All intellectual property rights including copyrights, trademarks, and design rights, applicable to the Products and Services.

Contract Documents:

By placing an electronic or telephone order on https://mihaeladutu.com, the Buyer agrees to the communication form (phone or email) through which the Seller conducts its operations.

The Order contains the following documents: a. The Order (including clear mentions of delivery and billing details) and its specific conditions; b. Specifications provided by the Buyer (where applicable); c. These Terms & Conditions.

Product Pricing:

  • The products and offers presented on https://mihaeladutu.com are available while stocks last or by order. The price of the product(s) is the one mentioned in the order confirmation. Prices include VAT but do not include shipping costs.
  • Prices may be modified by the Seller at any time, without prior notice. Upon order confirmation, the Seller will indicate the exact price of the products, including shipping costs and any additional services requested by the customer.
  • The Seller notes that there may be cases where, due to site malfunctions or errors, the price displayed on the product page may not be the actual one. In such cases, the Seller apologizes for any inconvenience and will inform the Buyer of the correct price. The Buyer can cancel the order if they do not agree with the communicated price, but the company does not commit to delivering products at erroneous prices.
  • The price displayed/communicated does not include the cost of shipping or other services offered by the Seller. The conditions under which shipping and other services are provided by the Seller will be mentioned for each order, depending on the order value, product volume and weight, delivery distance, or valid promotions.
  • For "custom-made" products, the price may change, and the Contract price is the one confirmed by the Seller via email and/or phone. For "custom-made" products, the Seller issues a proforma invoice to the Buyer to collect an advance payment, followed by a tax invoice for the products and services to be delivered. The Buyer is required to provide all necessary information to issue the invoice in accordance with the applicable laws.
  • If the price is not displayed, you have the option to request a price offer, and an operator will communicate the price as soon as possible.

Digital Products (NFTs and Digital Art):

  • Digital art purchases include NFTs that grant ownership on the blockchain and the right to commercially use the artwork as specified in the product description.
  • Digital Products are delivered via blockchain upon confirmed payment. Buyers are responsible for securing their wallets and private keys.
  • Due to the nature of blockchain transactions, digital products, including NFTs, are non-refundable.

Promotions and Offers:

  • Promotions/offers on the site are always valid while stocks last and only for the website offer unless otherwise mentioned. Promotions are valid for limited periods, usually mentioned. If no period is specified, they are valid, within available stocks, only as long as the offer is displayed.

Stock:

  • Products marked "in stock" are available at the time of placing the order. However, the Seller cannot guarantee product availability and informs the Buyer of product availability when processing the order. The Buyer is correctly informed, in accordance with these terms, of the availability of ordered products before order delivery. The presence of products on the site does NOT guarantee their availability in stock. Our consultants will confirm availability for each product.
  • Products marked "custom-made" are delivered at the price stipulated in the order confirmed by the Seller only after receiving the advance payment.

Other Obligations:

a. The Seller will use its professional and technical knowledge to satisfy the Order and deliver the Products and Services according to the Buyer's requirements; b. The information presented on https://mihaeladutu.com is informative and may be modified by the Seller without prior notice. Additionally, due to space and information structure coherence, product descriptions may be incomplete. However, the Seller strives to present the most relevant information to ensure the product is used for its intended purpose; c. Communication with the store – The Buyer can express opinions about the Seller's Products and Services via the "Contact" section. Comments using inappropriate language will be excluded from the site. The Seller has the freedom to manage received information without providing justification for this.

Assignment and Subcontracting:

The Seller may assign and/or subcontract a third party for services related to fulfilling the order, with the Buyer's information, without requiring their consent. The Seller will always be responsible to the Buyer for all contractual obligations.

Intellectual and Industrial Property Rights (IPR):

  • The Buyer understands intellectual property rights and will not disclose to a third party or make public (on the internet or media) any information received from the Seller.
  • The website name, content, and graphical elements are the property of ONEL DAN-ALEXANDRU SRL and cannot be copied, used, or reproduced without written permission from the owner.
  • When purchasing an NFT, you receive commercial usage rights but not the full copyright unless specified in the product description. All original copyrights remain with the creator.

Privacy:

All personal data collected will be processed and protected in line with our Privacy Policy.

Delivery and Payment Terms:

  • If delivery deadlines cannot be met, the Seller is obliged to inform the Buyer of the estimated completion time.
  • If the Seller receives incorrect billing or delivery information, a new order fulfillment date will be established.
  • The price, payment method, and payment term are specified in the Order. The Seller will issue the Buyer an invoice for the delivered Products and Services, with the Buyer providing all necessary information for the invoice in compliance with applicable law.
  • The Seller is obliged to deliver the Products and Services via courier to the Buyer. *Note: shipping is currently suspended to following countries: Afghanistan, Russia, Belarus, Syria, SomaliA, Timor-Leste , Tuvalu, Yemen.

Returns and Cancellations:

  • The Buyer has the right to withdraw from the contract within 14 days from receiving the product without justifying the decision, bearing only the costs specified in art. 13 (3) and art. 14 of O.U.G No.34/2014. Return costs are the responsibility of the consumer. The right of withdrawal applies only to individuals.
  • The product must be returned in the same condition it was delivered (in the original packaging with all accessories, intact labels, and accompanying documents).
  • Contracts involving the provision of digital content that is not delivered on a physical medium cannot be withdrawn from.

Disclaimer for Digital Products:

The Seller is not responsible for any loss resulting from unauthorized access to a buyer's cryptocurrency wallet or technical issues on the blockchain network. Buyers must ensure the security of their digital assets.


Gold Leaf Disclaimer In artworks containing gold leaf, please note that the gold leaf used is not genuine gold unless explicitly specified otherwise. If a piece includes genuine gold leaf, it will be clearly indicated as 24-karat gold leaf in the artwork description.

Force Majeure:

Neither party shall be liable for non-fulfillment of obligations due to events beyond their control, including but not limited to natural disasters, cyberattacks, network failures, or blockchain outages.

Governing Law and Jurisdiction:

These Terms & Conditions are governed by the laws of Romania. Any disputes shall be resolved by the competent courts in Romania.

Miscellaneous:

The parties in the contract are considered independent contractors, and neither party has the right or authority to assume or create any obligation on behalf of the other. The terms and conditions replace any prior written or verbal agreements between the Parties related to this Contract's subject matter and can only be amended or changed through a written agreement signed by both parties.

Acceptance:

Placing an Order on https://mihaeladutu.com signifies acceptance of these Terms & Conditions.

Contact:

For any inquiries, please contact us at info@mihaeladutu.com.

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Contact

Phone: +40 760 884 018

Email: info@mihaeladutu.com

Copyright © 2024 Mihaela Dutu

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