Terms of service

INTRODUCTION

Please read very carefully these Terms of services because accessing and/or using the Website you agree to be bound by these Terms of services which applies without limit to all visitors, buyers, customers, users and other natural or legal persons involved in running the business.

The seller is registered according to the Romanian legislation with the individual enterprise company Puscasu Marinela II, based in str. Muncel, nr.19, anexa C2, Constanta, Romania, registered in the Trade Register with no. J13 / 939/2015, having fiscal code 34690452.

Seller reserves the right to refuse orders and/or purchase of a product to anyone for any reason at any time. The Seller also reserves the right to not respond in any way to illicit and/or defamatory requests.

If you are not agree with the present Terms of services, please do not accessing or/and using the Website.

1. DEFINITIONS AND TERMS

- Terms of services – Terms, Terms and conditions, Terms of use;

- Website - www.pacoshabe.com domain and its subdomains;

- Seller, we, us, our – the artist, the owner of the Website;

- Seller's data:

- all information on the Website that can be viewed, viewed or accessed by using a desktop, phone or other electronic equipment;

- information relating to the products and/or services;

- information relating the prices charged by the Seller in a given period, promotions and discount sales;

 - information related to the products and/or services and/or prices practiced by a third party with whom the Seller has signed partnership contracts in a given period;

 - the content of any email sent to Buyers by the Seller by electronic means and/or any other modality of available communication;

- other information;

- Pacoshabe – domain and subdomains, pseudonym / user name of the artist in the online environment;
- Buyer - Individual / legal entity or any legal entity that makes an Account on the Website and performs an Order. In order to make a purchase, the buyer must be at least 18 years of age or major age as established in the buyer's country of origin / residence. The buyer must have full exercise capacity, meaning the ability of the person to perform legal acts by exercising his rights and assuming obligations. The same conditions apply as those described in the Customer’s, Visitor’s and User’s definitions;

- Visitor – a natural / legal person who access and interacts with the Website in a period of time;

- Customer - a natural / legal person who has or obtains access to the CONTENT by any means of communication provided by the Seller (electronic, telephone, etc.) or under an existing use agreement between the Seller and the one requesting the creation and use of an account;

- User - any natural or legal person registered on the Website who, through the completion of the account creation process, has given its consent to the specific terms of the Website in the Terms of services;

- User Name/Nickname – is a pseudonym associated with the information on the Website for User / Customer/ Buyer under the name "User Name". This pseudonym may be used by the User/Customer/Buyer to add content to the Website;

- Account - the section of the Website consisting of an email address and a password that allows the Buyer to submit the Order and contains information about the Buyer / Customer and Buyer History on the Website (Orders, Taxes, Products Guarantees, etc.);

- Favorite - section of the Account that allows the Buyer / User to create Lists;
- List - the Favorites page in which the Buyer / User can add Products they consider to be preferred and which he / she can later add to their shopping cart ("My Cart");
Lists can be:
- Private: they can only be viewed by the Account Holder. Buyer / User has the ability to set them as public anytime, directly from his or her Favorites section;
- Public: when Any Customer / Buyer / User can view the Buyer / User List if he / she has shared it on social networks (Facebook, Twitter, Pinterest, Instagram , Google+ or on forums/blogs on other platforms), or access the Buyer / User's public profile on the Website. Lists are public, and Buyer / User has the ability to set them as private anytime, directly from their Account, Favorites section;
- Order - an electronic Terms of services that acts as a form of communication between Seller and Buyer through which the Buyer submits to the Seller through the Website its intention to purchase Products and Services on the Website;

- Transaction - the collection or reimbursement of an amount resulting from the sale of a Product and/or Service by Seller to the Buyer through the use of the card processor services agreed by the Seller, regardless of delivery method;
- Pay Pal - payment service provided by the payment processor integrated in the Website, made available to Clients, Users and/or Buyers through the Website for online payments.
- Products and Services - any product or service, including the Terms of services and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the Contract concluded;

- Specifications - All technical specifications and/or details of Products and Services as specified in their description;

- Contract - represents the distance contract concluded between Seller and Buyer, without the simultaneous physical presence of Seller and Buyer;
- Review - a written assessment by the owner or recipient of a product or service, an assessment based on personal experience and its ability to make qualitative comments and to say whether the product or service respects the specifications mentioned by the manufacturer or not;
- Comment - critical appreciation or observation on a Review or other comment;
- Answer - written information that is sent to the User/Customer/Buyer who has addressed a Website Question, on a product page. The answer is an explanation given by a User/Customer/Buyer to another User/Customer/Buyer in a discussion;

- FAQ – Frequently asked questions - represents a number of general questions and answers regarding the products and/or services offered by the seller, commercial conditions etc. provided to the Customer/Buyer to facilitate the information process;
- Newsletter - new information and/or promotions of the Seller in a given period, without any commitment from the Seller, contained in the Website, sent by e-mail, SMS or any other electronic equipment with the Customer/Buyer acceptance.

2. PRIVACY

Seller will keep the confidentiality of any kind of information you provide in accordance with the Privacy Policy. Disclosure of the information provided may only be made under the conditions stated in the law.

Buyer / Customer cannot make any public statement, promotion, press release, or any other disclosure to third parties regarding the Order / Contract without Seller's prior written consent.

By transmitting information or materials through this Website, you grant the Seller unrestricted and irrevocable access to, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use for your own benefit such information, ideas, concepts, know-how or techniques that you have sent us through the Website. Seller will not be subject to obligations regarding the confidentiality of the submitted information, unless the legislation in force provides for further specification in this respect.

By subscribing to the Website database, the Visitor /User / Customer  /Buyer expressly agrees, within the limits of applicable law, to be contacted by third parties, Seller's partners: marketing service providers, other service providers to fulfill the object of the Contract concluded between the Buyer and the Seller, as well as by the governmental agencies, when the specific legislation so provides.

 3.CONTRACTUAL TERMS OF SERVICES

By accessing and/or using our Website or registering an Order on the Website, the Buyer agrees with the form of communication (e-mail or/and telephone, postal mail) through which the Seller carries out his commercial operations.

The notification received by the Buyer after the Order is given information and does not represent the acceptance of the Order. This notification is made using the communication form above mentioned.

For justified reasons, for custom orders, the Seller reserves the right to change the quantity of the ordered products and/or services. The buyer will be notified of the change in the quantity of the ordered products and/or services at the email address or telephone number made available to the Seller upon making the order. If the Buyer agrees to change the quantity, it will express in writing by e-mail the wish to close the order with the new quantity of Products and/or Services. If the new amount of Products and/or Services is less than the quantity initially ordered, Buyer will be refunded the difference between the amount originally paid and the amount of the new product.

The contract between Seller and Buyer is considered to be concluded upon receipt by the Buyer from the Seller by electronic mail and/or SMS of the order notification.

The Terms of services and information provided by the Seller on the Website will form the basis of the Contract. In addition, all Products will have attached certificate of authenticity issued by the Seller.

4. GENERAL SELLING POLICY

To place an Order, any User / Customer / Buyer is allowed to access the Website. However, only for justified reasons Seller reserves the right to restrict Customer / Buyer / User access. This can happen if the Customer / Buyer / User  does not meet the conditions previously mentioned in the Definitions and Terms or  it is found that the Customer/Buyer / User does not, through his / her action and/or conduct, damages the Seller in any way. For additional information and clarifications, in such cases, the Customer / Buyer / User can contact the Seller only through the addresses provided on the Website, in the "contact" section. The Seller is free to handle the information received without having to justify it in any way.

The Seller publishes on the Website both information about the Products and/or Services that it sells / made and/or promotions practiced by it within a certain period of time and within the available stock limit. The Seller reserves the right to change this information at any time without prior notice.

The Seller's headquarters are located on the territory of the European Union. Therefore, the currency in which the prices of the products are collected after their sale is the European currency, more precisely EURO. The prices of the Products and/or Services presented on the Website are expressed in EURO. However, the buyer can choose to pay in another currency displayed at the bottom of the web page. The Website will automatically convert the prices displayed in Euro into the currency chosen by the buyer.  By placing an order, the User / Customer / Buyer agree with the displayed price. Any additional import duties practiced in the origin country of the User / Customer / Buyer shall be borne by him / her. These are not the Seller's responsibility.

The seller is not / cannot be held responsible for any additional cost incurred by the Buyer, including, but not limited to, transfer and foreign exchange conversion fees applied by the agreed bank institutions for payment if the issuing currency differs of EURO. Responsibility for this action is borne only by the Buyer.

Payment of purchased Products / Services is made via PayPal or through other accepted payment methods.

For description of the Products and/or Services available on the Website, the Seller uses edited texts, photographic images, slides, video presentations, etc. which is not a contractual obligation on the part of the Seller. All these are used exclusively for presentation purposes. At the same time, all copyrights on these materials belong exclusively to the Seller.

The Products / Paintings will be ready for shipping in 3 – 5 (three - five) business days from the payment. The seller needs this time to process the orders, to issue all the documents that accompany the product during transport.

For personalized orders, both the time of making the painting / paintings and the price and payment conditions will be negotiated with the Artist via e-mail from the contact section.

Custom orders will be ready for shipping in 5 (five) business days from the payment of entire amount. The price of custom orders will be expressed in the same currency as the products already in stock.

After the purchase of a product, the Customer / Buyer has 14 calendar days from the arrival date of the package to return it if it is not in accordance with the Seller's description or if it has suffered damage during the transportation. Upon their passing, the sale is finale. The Customer/Buyer will be required to file a Review related to the Products or Service purchased. The request will be received by the Customer/Buyer at the email address entered on the Account. Posting a review is not mandatory for the Customer/Buyer. By posting a personal opinion regarding to the quality of the Product and/or Services, the Buyer contributes to informing other potential Visitors / Users / Customers / Buyers on the Website and is actively involved in the development and improvement of the Products and Services offered by the Seller.

5. SUBCONTRACTING AND MOVEMENT

The seller does not assign or subcontract to a third party to honor orders. All orders are honored / processed by the seller, in our case directly by the artist. The fulfillment of the order means the original issuance of the documents that accompany the work of art, the packaging of the artwork, the delivery of the product to the international or local transport company for its delivery to the recipient.
The seller will always be responsible for all contractual obligations arising out of processing order.

6. ADVERTISING

Newsletters are transmitted through Seller's specialized and agreed partners. This ensures confidentiality and security of information.

When Customer creates an Account on the Website, he or she has the possibility to express their consent to receive Newsletters in accordance with the Privacy Policy. The customer may change his/her option regarding the agreement issued to the Seller at any time.

Discontinuing receipt of the Newsletters does not imply disclaiming the terms of these Terms of services.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Content, as described above, includes but is not limited to logos, commercial symbols, photographic images, slides, edited texts and/or video presentations on the Website. All are the exclusive property of the Seller who reserves all rights to them.

The Customer/Buyer may only copy, transfer and/or use the Content for personal or non-commercial purposes only if they do not conflict with the provisions of this Terms of services.

Any use of the Content is forbidden for any purpose other than those expressly permitted in this Terms of services or the use consent accompanying it, if it exists.

8. THE ORDER

The Customer/Buyer can place orders on the Website by adding the Products and/or Desired Services to the shopping cart. The order is completed after the payment has been made in the express ways indicated. Once added to your shopping cart, a Product and/or Service are available for purchase only if it is available in stock. The available quantity of each Product / Service will be displayed on the Website, the Seller having the right to change this quantity any time without any justify.  

Products that have been sold will not be added to your shopping cart. Adding a Product / Service to your shopping cart, in the absence of completion of the Order, does not entail the registration of an order, or the automatic reservation of the Product / Service.

By completing the Order, the Buyer agrees that all the data provided by the Purchase Order is correct, complete and true at the time of placing the Order.

By completing the Order, the Buyer agrees that the Seller may contact him / her, by any means available / agreed by the Seller, in any situation where contact with the Buyer is required.

The Seller may cancel the Buyer's Purchase Order upon prior notice to the Buyer, without any subsequent liability of any party to the other, or without any party claiming the other damages in the following cases:
- Customer/Buyer does not meet the conditions set forth in the Definitions and Terms;
- The data provided on the Website by the Customer/Buyer is incomplete and/or incorrect;
- Invalidation of the transaction by the online payment system operator agreed by Seller;

Seller prefers to deal directly with Customers/Buyers trough the Website or other Platforms of sales not through dropshippers. Thus, it is not allowed them to do any sales, presentations or other actions with Seller's Products and/or Services.

Accessing and/or using our Website, the Customer/Buyer agree to deal direct with the Seller.

9. INVOICE – PAYMENT

The prices of the Products and Services displayed on the Website are expressed in EURO.

The price and method of payment are specified in each Order. The Seller will issue to Buyer an invoice for the Products and Services delivered. Buyer has the obligation to provide all the information required to issue the invoice in accordance with the legislation.  The invoice can be sent electronically to your account or email address provided by the Buyer.

In order to correctly communicate the invoice relating to the Purchase Order, the Buyer is under an obligation to update his account data every time and to access the information and documents relating to each Order placed on the Account.

By sending the Purchase Order, the Buyer expresses the agreement to receive the invoices in electronic form by adding them by the Seller to his / her Account via the electronic mail at the e-mail address mentioned in his / her Account.

Payment is made through the PayPal service or other online payment gateways.

10. RETURN

As mentioned above in chapter 4 of these Terms of services, the Buyer has the right to return the Product and/or the Purchased Products within 14 working days from the arrival date of the package, for no reason and without incurring any costs other than those delivery (transport cost).

After these 14 working days the sale is considered final.

If the Customer/Buyer decides to return the Product and/or the Purchased Services will notify the Seller of this. With the return of the Product and/or the Service, any gifts accompanying the product will be returned. Damaged products by the Buyer and gift wrapping service are exempt from the right of return.

The products will be returned in the original packaging on the expense of the Buyer. Seller will not refund the shipping cost made for delivery of the Product to Buyer. The remaining amount, which represents the price of the Product and/or Services submitted in the order and/or invoice, will be returned within maximum 5 (five) business days from the date of receipt by the Seller of the Product and/or Services. Payment will be made through the PayPal service.

Return of an item is not a desirable situation. In this respect, the Products are described accurately with color combinations stated in most listings and photos of the items are as accurate as possible. However, variations are possible and colors can vary from one computer/phone/tablet monitor to another which makes it almost impossible for the product to look the same on every computer/phone/tablet. Considering the above, before you purchase please carefully verify the dimensions of the Product and make sure the Product you have chosen is what you really want.

The same return terms and conditions are applicable if the parcel is come back to the seller, in case it was shipped and not delivered to the customer or the customer did not picked up the parcel from the local post office from the destination country.

The Buyer's satisfaction is very important for us but we reserve the right to do not accept the change of Products and/or Services.

If a Product and/or Service ordered/purchased by the Buyer cannot be delivered by the Seller, the latter will inform the Customer/Buyer of this fact and will return to the Buyer the value of the Products and/or the Services within a maximum of 2 (two) business days from the date the Buyer acknowledged this fact. Payment will be made through the PayPal service.

For the execution of personalized orders, the Buyer will pay an advance of at least 30% of the value of the work. After payment, the Buyer has 3 (three) working days to cancel his order. After the 3 (three) working days, the order is considered firm and the advance is NOT refunded.

The desire to cancel a personalized order is made known to the Seller through the data in the Contact section.

11. SHIPPING AND DELIVERY

The orders will be ready for shipping within 3-5 business days when the Products purchased are paintings in stock. The custom orders will be ready in 3-5 business days from the final payment.   All items will be very carefully packed.

The delivery and any custom fees are the responsibility of the Buyer. The item(s) shall be shipped to the address listed in your order, so please make sure you fill in the correct address. Usually the shipping is made by Romanian Post with standard Priority service with tracking number. Other international courier companies are also approved.

 Estimated transit time:

- Europe between 1-3 Weeks;

- Everywhere Else between 2-4 Weeks

Please note this is an ESTIMATED time and shipping times CAN NOT be guaranteed! Customs checks, bad weather, holidays or strikes may cause delays. The Seller is NOT responsible for any delay.

In the new global situation of COVID 19, it is possible that all orders to be delivered with delay. The Seller is trying to do its best to keep costumers constantly informed regarding this matter.

12. GUARANTEES

All Products are hand painted 100%.

All paintings are sign on front or on the back. They all have attached a CERTIFICATE OF AUTHENTICITY, by this understanding the document issued who accompanies the artwork and certifies that it is the original creation of the artist.

13. TRANSFER OF PRODUCT PROPERTY

Property on the Products will be transferred to the delivery at the address indicated in the Order (understood by delivery - the receipt of the transport document provided by the courier).

14. LIABILITY

The Seller may not be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Products and Services after delivery and/or their loss.

By creating and using the Account, the Customer /Buyer / User assumes responsibility for maintaining the confidentiality of account data (user and password) and for managing account access and, to the extent allowed by applicable law, is responsible for the activity performed through the Account.

By creating the Account and/or using the Content and/or placing the Orders, the Customer / User / Buyer expressly and unambiguously accepts the Terms of services of the Website in the latest updated version communicated within the Website, existing at the date of creation Account and/or Content Usage and/or the Placement of the Order.

Subsequent to the creation of the Account, the use of the Content is equivalent to accepting the changes made to the Website Terms of services and/or updated versions of the Terms of services of the Website.

The Terms of services of the Website may be modified at any time by the Seller, which are opposable to the Clients / Users / Buyers from the date of their display on the Website. By accessing and using the Website you agree to the Terms of services.

15. REVIEWS, ANSWER AND QUESTIONS

Users / Clients / Buyers can write Reviews / Comments/Answers/Questions in the Reviews/Testimonials section as well as in other special sections made available for this. Users / Clients / Buyers can write both positive and negative information. The information will refer to the quality and characteristics of a product or service, as well as to the experience on the Website.

By submitting a Review / Comment /Answers/Question on the Website, Users / Customers / Buyers grant the Seller an exclusive and irrevocable license. This is also perpetual and territorial unlimited. Thus, the Seller is given the right to use, translate, modify, adapt, reproduce, publish, distribute and display the Content of the Reviews / Comments/Answers/Questions.

By registering a Review / Comment / Answer/Question in the above mentioned sections, the User/Customer/Buyer accepts the following rules:

- the User / Customer/ Buyer will provide information / references only on the quality, characteristics and/or use of a particular product or service;
- the User/Customer/Buyer will not provide information related to prices, promotions, discounts, quantities, which may be changed at any time by the Seller;
- the User / Customer/ Buyer will not provide information about the order's performance;
- to express the Reviews / Comments/Answers/Questions, the User/Customer/Buyer will use only English language;
- the language used will be an appropriate, non-offensive language without any terms that may offend or affect the Seller or any other User / Customer/ Buyer;

- the content of the review must be entered in the Review / Testimonials section. The questions and answers must be entered in their specific section;
- the information entered by the User / Customer/ Buyer will be correct, true and in compliance with the applicable laws, thus respecting the rights of other parties, copyright, trademark, license or other proprietary rights, advertising or privacy;
- the User / Customer/ Buyer will only use this feature to communicate or obtain additional details of a particular product or service on the Website without reference to other companies promoting the sale and purchase of products or services;
- the User/Customer /Buyer will never request or provide in any way and in any circumstances personal data (contact details, delivery address or home address, telephone numbers, email addresses, name and/or surname, etc.), or any other information that may cause disclosure of such personal data;
- the User / Customer/ Buyer will not enter information and/or details about other commercial Websites that carry the same commercial activity as the Seller and no URLs (links) to them;
- the User/Customer/Buyer will not attempt in any way to fraud the services provided by the Seller;
- Do not Write Reviews / Comments / Questions / Answers containing advertising materials;
- the User/Customer/Buyer does not communicate with Seller through the Review / Comment / Question / Answer section. For this he/she will use the Seller's contact information on the Website.

Users / Clients / Buyers who upload Reviews can attach photo or video files. To do so, they will adhere to the following rules:
- uploaded photo and video will contain images and/or videos that refer to the product or service for which the Review is written, ensuring that uploaded files respect copyright;
- uploaded photo and video  will not contain licentious language, violence, adult content, or other content that offends a person / group based on race or ethnicity, religion, disability, gender, age, status veteran, sexual or political orientation, and no information about others;
- uploaded files will not contain URLs or links to other Websites.

If an User / Client / Buyer signals that a Review / Comment / Question or Response has inappropriate content, from a strictly subjective perspective, this content will be examined carefully by the Seller. Seller checks whether the content violates in any way the Terms of services of the Website. The Seller has the right to remove texts, photos or videos that violate these Terms of services without being justified in any way whatsoever by the breach of this Document.

If the Seller finds that the Terms of services are repeatedly violated, the Seller reserves the right to suspend the User / Customer / Buyer's ability to write Reviews / Comments / Questions or Answers in the above mentioned sections.

For any complaints or complaints relating to the Goods and/or Service purchased, Buyers will contact the Seller using the contact details on the Website. The maximum deadline for resolving complaints or complaints is 30 calendar days after receiving them.

16. PROCESSING OF PERSONAL DATA

Personal data provided by the User/Customer/Buyer by accessing and using the Website will be used by the Seller in accordance with the Privacy Policy section, which is part of these Terms of services.

By filling in the Account Creation and/or Order form, the Buyer declares and accepts unconditionally that his or her personal data is included in the Seller's database.

By reading the Document, you are aware that you are guaranteed the rights provided by the law, namely the right to information, the right of access to data, the right to intervene, the right of opposition, the right to address justice in case of violation of rights.

By accessing and using the Website, the User/Customer/Buyer agrees that the Seller may provide the Buyer's personal data to its business partners, the General Prosecutor's Office, the Police, the courts and other competent authorities of the State, on the basis and within the limits of the legal provisions, and following explicit requests.

17. MAJOR FORCE

Neither party shall be liable for non-performance of its contractual obligations if such non-performance on a timely basis and/or properly, wholly or in part is due to a major force event. Major force is the unpredictable event outside the control of the parties and cannot be avoided (pandemic, bad weather, strikes, natural disasters, war ... etc.).

If within 15 (fifteen) days of its occurrence, that event does not cease, each party shall have the right to notify the other party of the termination of the Contract without one of them being able to claim the other damages.

18. APPLICABLE LAW – JURISDICTION

This Agreement is subject to Romanian law. Any disputes arising between the Seller and the Visitor / User / Customer/Buyer shall be settled amicably or, if this not possible, disputes will be settled by the competent Romanian courts in Constanta, Romania.