Terms and Conditions
Who are we? What does that mean?
The website/website still means the website https://grund.space and the related subdomains https://store.grund.space and https://members.grund.space
The administrator of the Site or website means the GRUND Association, the Romanian legal person, established according to the laws in force of Romania, with its registered office in Bucharest, str. Anastasie Panu No. 20 Bl C15 Sc.3 et4 ap 85 S3 Bucharest Romania, having legal personality by Concluding District Court 3 on 16.29.2016 and having CIF 37049895 , bank account RO35BRDE410SV73396104100 opened at BRD SG, Brătianu branch, Bucharest.
Seller means Grund Association, with the above mentioned identification data under the aegis of which Grund Shop, Grund Members, Grund Gallery works.
Buyer still represents the natural person/legal person or any legal entity that makes an Order.User st
ill represents any natural or legal person who visits or accesses the Site, and who wishes to use in any way or actually uses the Service.By obtaining
the user status of the Site is considered acceptance of these General Terms and Conditions. Accessing or further visiting the Site, any page thereof and/or using the Service, and any component thereof, constitutes a full and unconditional acceptance of the Terms and Conditions and any provision thereof. Failure to accept the
se General Terms and Conditions as well as the Site's Operating Regulation entails the User's obligation to cease access to the Site as soon as possible.
Distance contract is the contract concluded between Seller and Buyer within a system of sales or provision of distance services organized, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including at the time when the contract is concluded, as defined by OUG 34/2014 on consumer rights in the framework of contracts concluded with professionals, as well as for the modification and completion of normative acts.
The Order is the electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site its intention to purchase Goods and Services fro
m the Site.Goods and Services represent any product or service, including the documents and services mentioned in the Order, to be provided by the Seller, the Buyer as a result of the Contract conclud
ed. Transaction represents the receipt or reimbursement of an amount resulting from the sale of a Good and/or Service by the Grund Association, buyer, by using the services of the card processor approved by the Seller, regardless of the delivery method.
Specifications/details represent all specifications, details and/or descriptions of the Goods and Services as specified in their description.
Intellectual property means all content in text format and any other material, transmitted in any form to Users (by direct viewing on the Site, through newsletters or by any other material directly or indirectly related to the Site), the logo, trademark and any other graphics elements of the Site, including but not limited to them, belong to the Site Administrator and its partners.
- CONTRACTUAL DOCUMENTS
- In order to purchase objects from the website, online, Users must place an order. Users are required to provide real and complete information in the registration process in accordance with the registration form presented on the Site.
- By registering an Order on the Site, the Buyer agrees to the form of communication (telephone, video or e-mail) through which the Seller conducts its commercial operations.
- The notification received by the Buyer after making the Order is intended to inform and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
- The contract is considered concluded between Seller and Buyer at the time of receipt by buyer from Seller, via electronic mail of the notice of shipment of the Order.
- The document and the information provided by the Seller on the Site will form the basis of the Contract, in addition to it being the mandatory certificates stipulated by law to be issued by the Seller or a supplier of it for the Purchased Goods.
- ONLINE SELLING POLICY
- Access to make an Order is allowed to any Buyer.For justified
reasons the Seller reserves the right to restrict the Buyer's access in order to make an Order and/or some of the accepted payment methods, if it considers that, on the basis of the conduct or activity of the User/Buyer on the Site, its actions could in any way prejudice the Seller. In any of these cases, the User/Buyer may contact the Site Administrator to be informed of the reasons for the application of the above measures.
- Communication with the Seller can be achieved by interacting directly with the Seller or by the addresses mentioned in the "contact" section of the Site. The seller is free to manage the information received without having to justify it.
- For online orders, order completion takes place when the User completes the online ordering process.
- Orders that do not contain all Customer identification data, as mentioned in these terms and conditions, will not be considered valid and will therefore not be honored.
- The seller may limit the resale right of products for reasons relating to the nature of the good and/or, where appropriate, the limitations imposed by the supplier and/or manufacturer. Such a limitation is expressly mentioned in the product sheet.
- The seller retains the right to publish images and descriptions of the art or collectible object sold in any of the promotional materials.
- The products offered by Grund, Grund Shop, Grund Members are from the sphere and nature of works of art and other products or services assimilated to them.
- Each product/service/artwork presented on the Site has a product sheet that mentions all the information regarding its nature, classification and description according to the legal provisions.
- When selling a work of art, the Seller will issue authentication certificates.
- In accordance with the provisions of Law No. 182/2000 the removal from Romania, by any means, of works of art for which the temporary or definitive export certificate, issued under the law, has not been obtained, constitutes an illegal export operation. If the Buyer wishes to remove the goods from Romania or that the delivery of the goods is made outside the territory of Romania, it is necessary to obtain the export certificate, according to the law. For details related to this issue the Buyer must ask the Seller for these documents.
- According to Law No. whereas, thelike, the council regulation is to take the the first place in the European Community; 518/2004 Methodological rules on the permanent or temporary export of movable cultural goods), works of art – contemporary creation may be exported permanently or temporarily without an export certificate, and it shall be certified before the customs authorities that those goods are works created by living authors. To this end, the Seller may, at the Customer's request, issue, free of charge, certificates in accordance with the model set out in Annex 5 to H.G. No. 518/2004.
- Modified on. RIGHT OF WITHDRAWAL. RIGHT OF REFUSE.
- The Seller may refuse to execute an order made by the Buyer, without any other formality except for a prior notification addressed to the Buyer, without any subsequent obligation of any party to the other party or without any party being able to claim damages from the other in the following cases:
- non-acceptance by the issuing bank of the Buyer's card of the transaction in the case of online payments;
- invalidation of the transaction by the Card Processor approved by the Seller in the case of online payments;
- the data provided by the Buyer in the registration process are incomplete or incorrect;
- in the situation referred to in Article 3 (1) (a) of Regulation (EEC) No 20 3.2 above;
- where two orders have not been honoured as a result of non-payment of the price or refusal to receive the ordered goods.
- The Buyer will be able to waive an order made without any penalty at the latest on the date on which he is contacted by the Seller's representatives in order to confirm the order.
- Any waiver of the order made by the Buyer must be followed by the transmission to the Seller of a document to confirm the waiver.
- Under the terms of Article 5 of Regulation (EEC) No 20 Article 9 of the OUG No 1 shall apply mutatis mutandis. 34/2014, the Buyer has a period of 14 days to withdraw from the Contract, without having to justify the withdrawal decision and without incurring any costs other than transportation to make the return of the product. The Buyer is obliged to notify the Seller of his intention to terminate the contract and return the purchased products in writing.
- The Buyer will return the products no later than 14 days from the date on which he notified the Seller of his decision to withdraw from the contract.
- The Buyer will be liable for the cost of transport and insurance (if applicable) with respect to the returned products, until they are received and received by the Seller.
- All returned products must be received by the Seller in the same condition as they were delivered to the Buyer. Otherwise, the Seller will be able to refuse to receive the returned product and return it to the Buyer, withholding the amounts paid by the Seller.
- The Seller will refund all amounts he received as payment from the Buyer, except for the costs of delivery, within 14 days of the date on which he received the written decision to withdraw from the Buyer's contract. The seller may defer the refund until the date of receipt of the products which have been the subject of the sale.
- If upon receipt of the products the Seller finds that they have suffered damage, will inform the Buyer in writing of the refusal to receive the damaged product and will retransmit the product to the Seller, the Buyer being relieved of the obligation to return the amounts paid by the Buyer.
- In accordance with the provisions of Article 5 of Regulation (EEC) No 2081/92, the Article 16 of the OUG no. 34/2014, the Seller reserves the right not to accept the return of products which, by their nature, cannot be returned or which may degrade or deteriorate rapidly. The buyer will be informed in the product sheet if it is returnable or nu.
- Payment can be made both by payment order in the account: RO35BRDE410SV73396104100 owned by the Grund Association and by bank card, cash by refund, at the Seller's premises, at the Buyer's premises. Payment can also be made by other electronic methods such as electronic payment service Paypal or electronic currency Bitcoin. If payment is made by bank card, it will be confirmed when the invoice is issued to the Buyer.
- In the case of online payments the Seller is not/cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing its card, etc. Responsibility for this action is carried only by the Buyer.
- Delivery will be made at the address indicated by the Buyer in the order form through specialized courier or mail companies. The cost of delivery is that mentioned in the order form and is to be fully borne by the Buyer.
- Delivery can also be made directly at the Seller's premises or at a Seller's workstation. In this case, no additional delivery charges will be charged.
- Delivery will be made within:
- 3 working days in Bucharest;
- 14 working days in the country
- minimum of 7 working days outside the country, in compliance with the Seller's operating hours.
- The products will always be delivered after the Buyer has paid the price, and the price will be paid at the latest on the date of delivery of the product.
- The transfer of ownership and risks from Seller to Buyer will be done with the delivery of the products.
- Warranties. CONFORMITY
- Each product sold on the Site, with the exception of works of art, shall benefit from the warranty term specified in the product guarantee certificate.
- Each product, with the exception of works of art sold on the Site, is subject to a guarantee of compliance under Law No. Regulation (I) 449/2003 on the sale of products and the guarantees associated with them.
- INTELECTUAL PROPERTY
- All text content and any other material, transmitted in any form to Users (by direct viewing on the Site, through newsletters or by any other material directly or indirectly related to the Site), the logo, brand and any other graphics elements of the Site, including but not limited to them, belong to the Site Administrator and its partners.
- By way of derogation from the above provisions, materials published on the site that have been made available to the Site Administrator under a legal contract concluded, or those materials for which another rights holder has been indicated on the Site, or another holder or source, do not belong to the Site Administrator.
- In cases where the Content of the Site, regardless of the area in which it is located on the Site and regardless of type, is taken over by the Site Administrator from other manufacturers/issuers of content or materials in text, image, graphics, video sequences, but not limited to them, such a takeover is carried out in compliance with the legal provisions and incidental rules in such cases.
- Users understand and accept that all information, data, materials posted on the Site are only informative and indicative and that the Site Administrator cannot be held responsible under any circumstances and in any way for the veracity and validity of the Site Content or for any legal effect arising from its use.
- Users undertake to respect all copyrights and related rights and any other intellectual property rights that the Site Administrator and its partners own over/in connection with the Site, its Content, the Service, any module or composition thereof or in connection with their use. Users understand and accept that in case of violation of any of the above provisions to any extent, they may be held accountable to the authors/owners of copyrights.
- It is prohibited to copy, retrieve, reproduce, publish, transmit, sell, distribute all or part of the content of this Site or any part thereof for any purpose other than personal ones.
- PROTECTION OF PERSONAL CHARACTER DATA
- According to law No. 677/2001 for the protection of persons with regard to the processing of personal data and the free movement of such data, amended and supplemented, as well as of Law No. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, the Site Administrator will safely manage and only for the specified purposes, the personal data provided by the Users.
- The personal data that Users provide to the Site Administrator is processed in order to provide optimal access to the Site.
- Users understand and accept that the personal data they provide is processed for the purpose of providing the Site Administrator with the best conditions of electronic communications services and online sales of the products presented on the Site.
- Each User, at his own option, provides some of his personal data in order to create a valid account or not and to benefit from the access provided by the Site Administrator and the possibility of purchasing products and/or services.
- At the time of creating the account each User has the option to receive information about the products, services, events, etc. offered by the Site Administrator by checking the appropriate box on the account creation page.
- According to law No. 677/2001, each User has the right of access, of intervention on data, the right not to be subject to an individual decision and the right to apply to the judiciary.
- At the same time, the User has the right to object to the processing of personal data concerning him and to request the deletion of the data. Users understand and accept that the deletion of their personal data will be followed by the deletion of their account from the system and the inability to access the online sales service offered by the Site Administrator.
- For the exercise of these rights each User may make a written request to this effect, which he then mails to the Grund Sos Association. Berceni no.104 Block Turn Et6 C6 Bucharest Sector 4 or by e-mail at: email@example.com
- The Administrator of the Site is a personal data controller registered in the register of personal data processing under no:
- In case of online payments, the payment of services on this website is made through the online payment solutions offered by Netopia /NETOPIA PAYMENTS S.R.L. – CUI 15565496.
In order to eliminate the risk of your data being in possession and misuse by third parties, the Grund Association and NETOPIA PAYMENTS S.R.L. guarantee the security of information systems. Information on bank card data (card number, expiration date, etc.) is not transferred or stored, at any time, on the Grund Association servers or on NETOPIA PAYMENTS S.R.L.
In the case of the 3D Secure system for payment with Visa or MasterCard cards, the data related to your card is entered directly into Visa or MasterCard systems, and if your card has been issued by a bank certified in the 3D Secure system, the authorization of the transaction is made only after your authentication in this system – the introduction of a secret code/password known only to you, similar to the PIN code in ATM transactions.
ANY INCREASE TO ACCESS THE PERSONAL DATA OF THE OTHER USER OR TO AMEND THE CONTINUTE OF THE grund.space SITE and the subdomains https://grund.space store.grund.space and members.grund.space OR TO AFFECT THE PERFORMANCES OF THE SERVER ON WHICH THE SITE https://grund.space AND the sub-domains related thereto, SHALL BE
- LEGATURE WITH OTHER SITES
- Users understand and accept that by the nature and content of the Site it may provide information, links or references to other websites, including personal sites (blogs), partners' websites, but not limited to them, which are considered by the Site Administrator to be useful in connection with the Content of the Site, but which are not under its control or guidance.
- The Site Administrator is absolved of any responsibility for the content or opinions expressed on all of the above mentioned websites, as well as their accuracy and accuracy, and Users understand and accept that these websites are not monitored, controlled or verified in any way by the Site Administrator. The inclusion of a link or reference to other websites does not imply their approval in any way by the Site Administrator. When Users access these websites, they do so at their own risk, knowing that the use of the services offered by these sites is subject to the conditions set by the administrators of these sites.
- LIMITATION OF RESPONSE. FORTA MAJORA.
- The Site Administrator will make every reasonable effort to ensure accuracy and trust in the Site and will attempt to correct errors and omissions as quickly as possible.
- The Site Administrator may not be held liable for any loss or damage that may result from the use of any party, the sequence, the mode of the Site Content or the impossibility of its use, regardless of its cause, or the misinterpretation of any provisions of the Site Content.
- Users understand and accept that the Site Administrator is absolved of any liability in the event of any shutdown, interruption, difficulty, malfunction or error in the operation of the Site, in the event of a technical error of any kind or any errors in the provision of the Service, and in any situation in which it would not prove certain that any errors or technical problems of the above mentioned are directly and exclusively due to the serious fault of the Site Administrator.
- Users expressly understand and accept that the Site Administrator is absolved of any liability for any direct, indirect damages, including but not limited to loss of profit, commercial or other intangible losses resulting from accessing the Site or the Site Content in any way or any legal effects deriving from it.
- In cases of force majeure the Site Administrator and/or its operators, directors, employees, branches, subsidiaries and representatives are totally exempt from liability. Force majeure cases include, but are not limited to, errors in the operation of the Site Administrator's technical equipment, lack of internet connection functioning, lack of functioning of telephone connections, computer viruses, computer attacks of any kind and interference with malicious software, unauthorized access to the Site's systems, operating errors, strike, etc.
- APPLICABLE LAW. Litigation
- The rights and obligations of the Users and the Site Administrator, as provided for in these General Terms and Conditions and the Rules of Operation of the Site, as well as all legal effects they produce, will be interpreted and governed in accordance with the Romanian law in force.
- Any dispute arising out of or in connection with these General Terms and Conditions will be resolved amicably. In case of impossibility to reach an agreement, the dispute will be resolved by the competent Romanian court at the premises of the Site Administrator.
- AMENDMENT OF TERMS AND CONDITIONS
- The Site Administrator has the right to modify any of the provisions of these General Terms and Conditions at any time and in any way, without any prior notice and without being required to perform any other formality with the Users.
- Any change will be deemed to be fully and unconditionally accepted by any of the Users by simply using or accessing any facility offered by the Site or the Service, or by accessing the Site, occurring at any time after the change has been made, and failure to accept any change shall entail the obligation of that User to immediately cease accessing the
Site.1.THE RIGHTS you have are as follows:
- the right to request the controller access to your data. rectification or deletion of the processing, the right to object to the processing, as well as the right to data portability (detailing your rights can be found below).
- the right to lodge a complaint with the supervisory authorities for the processing of persona
l dataThe right of access of th
e data subject(1) The data subject has the right to obtain from the controller a confirmation that personal data concerning him or her is being processed or not and, if so, access to that data and
the following informa
tion: a) the purposes of the processing;b) t
he categories of personal data concerned;c) the recipients or categories of recipients to whom the data have been or are to be disclosed to them, in particular recipients
from third countries or international organisations;d) where possible, the period for which personal data are expected to be stored or, if this is not possible, the criteria used
to determine this period;e) the right to require the controller to rectify or delete personal data or to restrict the processing of personal data relating to the data subject or the right to opposes processin
g;f) the right to lodge a complaint with a supervisory authority.
2. The controller shall provide a copy of the personal data subject to processing. For any other copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject enters the application electronically and unless the data subject requests a different format, the information shall be provided in a commonly used electronic format.
The right to rectifica
tionThe person concerned shall have the right to obtain from the controller, without undue delay, the correction of inaccurate personal data concerning him. Taking into account the purposes for which the data were processed, the data subject shall have the right to obtain the completion of personal data which are incomplete, including by providing an additional declaration.
The right to delete data
(1) The data subject has the right to obtain from the controller the deletion of personal data concerning him, without undue delay, and the controller is obliged to delete personal data without undue delay if one of the following reasons applies: (a) personal data are no
longer necessary for the fulfilment of the purposes for which they were collected or processed; (b) the data subject withdraws his consent on the basis of which the processing takes place and there is no other legal basis for the processing; (c) the data subject opposes processing pursuant to Article 21(1) and there are no legitimate reasons to prevail over the processing or the data subject opposes processing pursuant to Article 21(2); (d) personal data have been illegally processed; (e) personal data must be deleted in order to comply with a legal obligation incumbent on the controller under Union or national law under which the controller is subject; (f) personal data have been collected in connection with the provision of information society services referred to in Article 8(1). 2. Where the contr
oller has made the personal data public and is obliged, pursuant to paragraph 1, to delete them, the controller, taking into account the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform the controllers processing the personal data that the data subject has requested the deletion by those controllers of any links to that data or of any copies or reproductions of such personal data.
Right to restrict processing(1) T
he data subject has the right to obtain from the controller the restriction of the processing where one of the following cases appli
es: (a) the data subject disputes the accuracy of the data, for a period which allows the controller to verify t
he accuracy of the data;b) the processing is illegal and the data subject objects to the deletion of personal data, requesting inst
ead the restriction of their use;c) the controller no longer needs personal data for the purpose of processing , but the data subject requests them for the establishmen
t, exercise or defence of a right in court; saud) the data subject has objected to processing in accordance with Article 21(1) for the period during which it is verified that the legitimate ri
ghts of the controller prevai
l over those of the data subject. Right to data portability(1) The data subject has the right to receive personal data concerning him or her and which he has provided to the controller in a structured, commonly used and readable format and has the right to transmit such data to another controller, without obstacles from the controller to whom the personal data have been provided , where: (a) the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b); and (b) processing is carried out by
automatic means. 2. In exercising his right to data portability pursuant to paragraph 1, the data subject shall have the right to have personal data transmitted directly from one controller to another where technically feasible.
Right to object
(1) At any time, the data subject shall have the right to object, on grounds relating to his particular situation, to processing pursuant to Article 6(1)(e) or (f) or Article 6(1) personal data concerning him or her, including profiling on the basis of those provisions. The controller shall no longer process personal data unless the controller demonstrates that he has legitimate and compelling reasons justifying the processing and which prevail over the interests, rights and freedoms of the data subject or that the purpose is to establish, exercise or defend a right in
court. 2. Where the processing of personal data is aimed at direct marketing, the data subject shall have the right to object at any time to the processing for that purpose of the personal data concerning him, including the creation of profiles, in so far as it is linked to the direc
t marketing in question. 3. Where the data subject objects to processing for direct marketing purposes, personal data shall no longer be pro
cessed for that purpose. (4) In the context of the use of information society services and despite Directive 2002/58/EC, the data subject may exercise his right to object by automatic means using te
chnical specifications. Any of the above rights may be exercised by submitting a written, dated and signed request to the address:
Applicable law – jurisdictionTh
e applicable law is the Romanian law. Any disputes will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Bucharest.
Other mentions and usefu
l addressesCONSUMER TELEFONUL – INFOCONS
– 021.9551Commissionerate for Consumer Protection of Buchar
est: Bucharest, Str. Transylvania No. 2, sector 1, code 010798
Tel.: 021/310.63.75 – Complaints Off
63.80Regional Commissioner for Consumer Protection Region Bucharest-IlfovAd
dress: Bucharest, Str. Transylvania No. 2, sector 1, code 010798
Tel.: 021/310.63.78, 021/310.63.81
Tel.: 021/310.63.75 – complaints offic
0Website : www.anpc.gov.ro