Terms and Conditions
Terms and conditions of use of the Titus Arts.com online sale platform
The Terms and Conditions for accessing the Titus Arts.com (or Titus Arts.ro) website, as provided for in this page, are applicable to, and binding upon all persons who access, browse, index or use in any way the Titus Arts website. By visiting or using this website one fully and unconditionally adheres to the terms and conditions referred to below.
The content of this page may be amended with no prior notice, the user being liable to check such content from time to time.
Titus Arts – is a trademark owned by MPC DUO ART SRL., a Romanian legal person, having its registered office in Bucharest, Camil Ressu Blv. No52, Sector 3, 030822, registered with the Trade Register under no. J40/17792/2018.
Titus Arts – the titusarts.com and Titus Arts.ro domains and the related subdomains.
Seller – Titus Arts or any marketplace partner of Titus Arts.
Buyer – a natural person, a legal person or any legal entity creating an account on Titus Arts and placing an Order.
Client – a natural/legal person who has or acquires access to the Content, by any communication means that is made available by Titus Arts (website, chat, telephone, etc.) or pursuant to a pre-existing agreement for use between Titus Arts and Client which requires the creation and the use of an Account.
Account – the section in Titus Arts consisting of an e-mail address and a password, which enables the Buyer to place the Order and contains information on the Client/Buyer and the Buyer’s Website history (Orders, invoices, etc.).
User – any natural/legal person registered on Titus Arts, who agreed, by completing the Account creation process, with the specific website clauses detailed in the Terms and Conditions section.
Nickname – an alias whereby a specific User/Client/Buyer may add Content on Titus Arts. The Nickname is related to the User’s/Client’s/Buyer’s information on Titus Arts under the “User Name” designation
My Wishlist – a section of the Account enabling the Buyer/User to create lists of preferred products which he/she may subsequently add to the shopping bag.
Order – an electronic document serving as means of communication between the Seller and the Buyer, whereby the Buyers notifies the Seller via Titus Arts of his/her intention to purchase Goods and Services from the Site.
Goods and Services – any product or service, including the documents and services set forth in the Order, which is to be supplied by the Seller to the Buyer as a result of the concluded Agreement.
Campaign – the action of presenting, for commercial purposes, a specific number of Goods and/or Services in a limited and predefined stock, for a limited period to be set by the Seller.
Agreement – means the agreement that is remotely concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
• all Site information which may be visited, viewed or otherwise accessed using some electronic equipment;
• the content of any e-mail sent to the Buyers by the Seller by electronic means and/or any other available communication mean;
• any information transmitted by any means by an employee/associate of the Seller, to the Buyer, in keeping with the information on contact methods, having been stated or not by the latter;
• information relating to the Goods and/or Services and/or the Rates charged by the Seller over a specific period;
• information relating to the Goods and/or Services and/or the rates charged by a third party with which the Seller has in place partnership agreements, over a specific period;
• data regarding the Seller, or other privileged data of the latter.
Review – a written assessment made by the owner or the beneficiary of a product or service, an assessment drawn up based on the latter’s personal experience or ability to express qualitative comments and to state whether the product or service meets or not the manufacturer’s specifications.
Rating – a way of expressing a User’s/Client’s/Buyer’s satisfaction in relation to a product. The Rating is expressed by means of stars, being possible to assign one to five stars to each product. This extent of satisfaction shall be always related to the written review of a User/Client/Buyer on a product or a service.
Comment – a critical remark or observation in relation to a Review or other comment.
Question – the way in which other Users/Clients/Buyers request information on the goods and services posted on the concerned page.
Answer – written information transmitted to the User/Client/Buyer who submitted a Question on the Site, on the page of a specific product. The Answer is an explanation provided by a User/Client/Buyer within a discussion.
Document – these Terms and Conditions.
Newsletter – a notification that is sent from time to time, by electronic means only, namely by the electronic mail (e-mail, SMS), with respect to the Goods and Services and/or the promotions carried out by the Seller over a certain period, with no commitment from the Sellers as regards the information contained thereon.
1. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW. CONFIDENTIALITY
1.1 Titus Arts e-sale platform and the entire content thereof are under the exclusive ownership of MPC DUO ART SRL.
1.2 The content of Titus Arts e-sale platform, including but without being limited to logos, stylised images, trading symbols, static images, dynamic images, text and/or multimedia content, audio/video clips presented on the platform, are under the exclusive ownership of MPC DUO ART SRL, the latter retaining all the rights which directly or indirectly pertain thereto (pursuant to licences for use and/or publishing). It is legally forbidden to copy or reproduce such content without the consent of MPC DUO ART SRL.
1.3 The website as well as the content thereof are protected under the Romanian Copyright Law and all European and international copyright provisions. The Users do not have the right to copy, save, modify or transfer, in full or in part, the website content.
2.1 Titus Arts shall keep confidential the personal data of the clients.
2.2 Titus Arts shall not be held liable for the opinions or the consequences of the opinions expressed by the users on the website.
2.3 Titus Arts retains the right to limit the access of certain persons or IPs to the site and the provided services.
The Client/Buyer is not allowed to copy, disseminate, publish, transfer to third parties, modify and/or alter, use, reproduce, insert a content in other context than the one that was originally intended by Titus Arts, disseminate any content outside the Site, create derivative products or services, or exploit the content in any manner whatsoever, remove the Titus Arts copyright marks from the content, or participate in the transfer, sale, dissemination of materials resulting from the reproduction, modification or display of the content, unless expressly approved in writing by Titus Arts.
Other websites may take over information subject to a written agreement concluded with MPC DUO ART SRL.
MPC DUO ART SRL shall not be liable for any possible damages, existing disputes, arising from or in relation to the copying, saving, modification or transfer of the entire or any part of the content on any media. The users may download and print the Titus Arts content only for their personal or non-commercial use.
3. E-SALE POLICY
3.1. Any Client/Buyer is allowed to access the site with a view to placing an Order but we have a specific number of countries where we can deliver.
For due reasons, MPC DUO ART SRL retains the right to restrict the Client’s/Buyer’s access to place an Order and/or to some accepted payment methods, if it deems, based on the Client’s/Buyer’s conduct or activity on the Site, that his/her actions are likely to be anyhow detrimental to Titus Arts.com. In such cases, the Client/Buyer may contact the MPC DUO ART SRL team, using the contact form from the Site, to be informed of the reasons having led to the above-mentioned measures.
3.2. Once the order placed, the Buyer shall receive an e-mail with a pro-forma invoice, confirming hence the registration of the order on the site. The pro-forma invoice only confirms the registration of the order in the system, and not the obligation to deliver it. The order shall be processed and delivered based on the available stocks.
3.3. All product prices displayed on the site are expressed in RON, EUR, GBP and USD, and are inclusive of VAT. The prices do not include the transportation costs. The transportation costs are calculated by the system and shall be displayed upon completion of the order. The extra charges for the parcels weighing more than 1 kg shall be calculated after parcel packaging and weighing, and shall be communicated to the clients in writing or by phone.
3.4. Promotions, discounts – All promotions displayed on the website are valid based on stock availability or within the terms stated on a case-by-case basis.
3.5. For the orders with a value equal or higher than RON 500 we retain the right to request a phone confirmation as pre-requisite for delivery.
3.6. The clients who place for the first time an order via www.titusarts.com shall receive a phone call to confirm the address. The phone confirmation is a pre-requisite for parcel shipping.
3.7. The orders placed by the clients whose conduct was deemed improper due to their non-acceptance/failure to pick the parcels from the Postal Office and the courier service shall not be delivered unless a pre-payment is settled by wire transfer.
3.8. MPC DUO ART SRL reserves the right not to deliver orders that are placed by clients who show an abusive behaviour and use an improper, obscene language. Abusive client means any client who does not comply with the working procedures of the store, who disturbs the activity by his/her actions and language, who shows an abusive behaviour and uses indecent language.
4.1. The Client/Buyer may place Orders on the Site by adding the desired Goods to the shopping bag, and shall complete the Order by one of the expressly stated methods. Once added to the shopping bag, a Good may be purchased to the extent such item is available on stock. Adding a Good to the shopping bag but without completing the Order does not result in the registration of the order or the automate reservation of the Good.
4.2. By completing the Order, the Buyer agrees that all required data provided as part of the purchase process is correct, complete and true at the time of placing the Order.
4.3. By completing the Order, the Buyer agrees that the Seller may contact him/her, by any mean that is available/agreed by the Seller, on all necessary occasions.
4.4. The Seller may cancel the Order placed by the Buyer subject to a prior notice sent to the latter, with no further obligation of either party toward the other and with no right to claim damages, if:
4.4.1. the bank having issued the Buyer’s card refuses the transaction, in case of online payments;
4.4.2. the card processer agreed by MPC DUO ART SRL invalidates the transaction, in case of online payments;
4.4.3. the data provided by the Client/Buyer on the Site is incomplete and/or incorrect;
5. INVOICING – PAYMENT
5.1. The prices of the Goods and Services displayed on the www.titusarts.com website are inclusive of VAT in accordance with the laws in force.
5.2. The price, the payment method and term are set forth in each Order. The Seller shall issue an invoice to the Buyer for the delivered Goods and Services, the latter being required to provide all information required for issuing the invoice in accordance with the laws in force.
5.3. The Seller shall send to the Buyer the invoice related to the Order only electronically, by adding the invoice to the Buyer’s Account or by the electronic mail, at the e-mail address stated by the Buyer in his/her Account.
5.4. For a correct service of the invoice related to the Order, the Buyer is required to update whenever necessary his/her Account data or to access the information and documents related to each Order, which are available in the Account.
5.5. By this way of service, the Buyer shall keep in his/her Account a record of the invoices issued by MPC DUO ART SRL, being able to save them at any time and in any desired way.
5.6. By placing the Order, the Buyer agrees to receive the electronic invoices, by their adding by MPC DUO ART SRL to his/her Account or via the electronic mail, at the e-mail address stated in his/her Account.
5.7. If such information is not available for more than 48 (forty-eight) hours in the Account, please notify us thereof at the e-mail address: firstname.lastname@example.org.
5.8. The Client’s/User’s/Buyer’s payment card data shall not be available to Organic Terra and shall not be saved by Titus Arts.com or its integrated payment processor on the Site.
6. CLAIMS, COMPLAINTS
6.1 Any claim regarding the non-conformity of the goods shall be submitted in writing within no more than 48 hrs from parcel receipt, at the e-mail address contact @ titusarts.com. Any subsequent claim shall no longer be taken into account.
6.2 Any claim related to processing errors (a product missing from the parcel, incorrectly delivered product, wrong quantity, wrong weight, invoicing errors, etc.) shall be submitted in writing at the e-mail address contact @ titusarts.com within no more than 48 hrs from parcel receipt.
6.3 All written claims shall be answered in writing. The time limit for settlement differs on a case-by-case basis, depending on the required checks and may range between 24 hrs and 14 business days. Certainly, we shall use our best efforts to answer all claims within 24 hrs, but in some cases we depend on the checks and answers from the distribution chain partners and this is not possible.
7. PRODUCT RETURN
7.1. In accordance with the Government Emergency Ordinance no. 34/2014, the consumer is entitled to withdraw from the remotely concluded agreement notifying in writing (downloading the withdrawal form) by an e-mail sent at the address email@example.com or by post that he/she waives the purchase, without penalties and without giving any reason, within 14 business days from the receipt of the product.
7.2. The purchase waiver is applicable only to natural person clients (Art. 2(1)).
7.3. The right to withdraw from the agreement does not apply in the following cases:
1) the supply of goods that are likely to deteriorate or expiry soon (Art. 16(d));
2) the supply of sealed products which cannot be returned for health protection or hygiene reasons and which were unsealed by the consumer (Art 16(e));
7.4. The costs related to product return shall be borne by the Buyer, without any undue delay and within no more than 14 days from the time of bringing to the Seller’s attention his/her decision to withdraw from the agreement in accordance with Art. 11. The term is complied with if the goods are sent back prior to the expiry of the 14-day period (Art. 14(1)).
7.5. Upon receipt, the parcel shall be checked for compliance with the above-mentioned requirements, being otherwise refused. Hence, the parcels which were delivered in other condition than as delivered, whose return was not previously notified and which contain products that were damaged during transportation due to inadequate packaging shall be refused.
7.6. In accordance with the law, MPC DUO ART SRL shall refund the equivalent value of the returned products (minus the transportation costs) within no more than 14 days from the cancellation date, by wire transfer, into the account set forth by the Client.
8.1. The Seller shall not be liable for any damages whatsoever that the Buyer or any other third party may sustain as a result of the Seller’s failure to comply with any of its obligations under the Order and for damages arising from the use of the Goods after delivery and in particular for their loss.
8.2. By creating and using the Account, the Client/User/Buyer undertakes to keep confidential all Account data (user and password) and to manage the Account access, and to the extent permitted by the laws in force he/she is liable for the activity conducted via his/her account.
8.3 By creating the Account and/or using the Content and/or placing the Orders, the Client/User/Buyer expressly and clearly adheres to the Terms and Conditions of the Site, their last updated version that is posted on the Site, as existing on the date of when the Account was created and/or the content was used and/or the Order was placed.
8.4. Subsequent to the creation of the Account, any use of the Content shall imply that all amendments to the Terms and Conditions of the Site and/or the updated versions of the Terms and Conditions of the Site have been accepted.
8.5. The Terms and Conditions of the Site may be amended at any time by Titus Arts.com, being enforceable against the Clients/Users/Buyers as of their date of posting on the Site. The adherence to the Terms and Conditions of the Site is confirmed by ticking the relevant checkbox on the Site and/or by sending the Order and/or by making an online payment.
9.1. Parcels damaging during transportation: If upon receipt from the courier service the Buyer notes that the parcel is damaged (wet, flattened, torn box, unstuck adhesive tape and/or any other sign of damage), the Buyer is required to refuse the receipt of the parcel and to also request that a damage report be drawn up by the Courier Agent. By accepting a damaged parcel without any report, no subsequent complaint may be filed against the courier company and no indemnification may be hence claimed.
9.2. Pictures of the products: The images are displayed on the site for illustrative purposes, and the delivered products may differ from the images – due to the change of design, packaging, change of the brand image, without any prior notice from the manufacturers/distributors.
10. PRODUCT REVIEWS
Your opinion is very important to us! You can state your opinion on the ordered products using the “Opinions” section on the page of each product via www.titusarts.com. With a view to ensuring highly relevant information for the site users, please exclusively express opinions on the products you purchased via www.titusarts.com and which you had used. The comments shall be checked by a site administrator before being published. The comments submitted by a user who did not order any product via www.titusarts.com, those containing an improper language or which do not refer to the concerned product shall not be displayed for lacking relevance.
11. PERSONAL DATA SAFETY
Titus Arts.com undertakes not to submit the personal data of the site users to any third parties; to use it only for the purpose of getting in touch with its clients as well as for the purpose of informing them on matters related to site operation and offers.
The personal data input by the buyer shall be used by the Company only for the stated purpose of this site.
The information contained in the order form is required to send you the confirmation of the orders, notify the ongoing promotions, etc. Under no circumstances shall be it submitted to third parties.
The Company does not sell, offer, exchange any e-mail addresses obtained via this site, does not disclose your e-mail address to other persons accessing the pages of this site, without your express consent.
In accordance with the Law no. 677/2001 on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data, as amended and supplemented, and the Law no. 506/2004 on the Processing of Personal Data and the Protection of Privacy in the Electronic Communications, MPC DUO ART SRL is required to manage in a safe manner and only for the stated purposes the personal data provided by you, a member of your family or other person. The purpose of data collection is: processing, invoicing and delivery of online orders.
You are required to provide the data for being necessary upon invoicing and delivery. Your refusal triggers the cancellation of the order.
The saved information is intended to the controller’s use.
In accordance with the Law no. 677/2001, you have the right to access, intervene upon the data, the right of not being subject to an individual decision and the right to take legal action. You also have the right to object the processing of personal data concerning you and to request that such data be deleted. In order to exercise the above-mentioned rights, you may submit a dated and signed written request at contact @ titusarts.com.
You are also acknowledged the right of taking legal action.
If some of your data is incorrect, please inform us as soon as possible.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
12.1. The content, as defined in this preamble, including but without being limited to logos, stylised images, trading symbols, static images, dynamic images, text and/or multimedia content displayed on the Site, are under the exclusive ownership of MPC DUO ART SRL, the latter retaining all the rights that directly or indirectly pertain thereto (pursuant to licences for use and/or publishing).
12.2. The Client/Buyer is not allowed to copy, disseminate, publish, transfer to third parties, modify and/or alter, use, reproduce, link to, expose to, insert a Content in other context than the one that was originally intended by MPC DUO ART SRL, insert any Content outside the Site, remove the copyright mark of MPC DUO ART SRL from the Content, or participate in the transfer, sale, dissemination of materials resulting from the reproduction, modification or display of the Content, unless expressly approved in writing by MPC DUO ART SRL.
13. TRANSFER OF OWNERSHIP TO THE GOODS
The ownership to the Goods shall be transferred upon delivery, once the Buyer makes the payment in the location stated in the Order (delivery meaning – the signing upon receipt of the shipping document provided by the courier or the invoice signing upon receipt in case of deliveries made by the Seller’s personnel
14. FORCE MAJEURE
14.1. Neither party shall be liable for the failure to meet its contractual obligations, if such failure to perform on a timely and/or adequate manner is due, in full or in part, to a force majeure event. Force majeure is the unforeseeable event, beyond the parties’ control and impossible to avoid.
14.2. If within 15 (fifteen) days from occurrence, such event does not cease, each party shall be have the right inform the other Party of the termination of the Agreement by operation of the law, neither party being entitled to claim any compensations from the other.
15. GOVERNING LAW – JURISDICTION
This Agreement is governed by the Romanian laws. All possible disputes arising between MPC DUO ART SRL and Clients/Buyers shall be amicably settled, or should this not be possible, the disputes shall be settled by the Romanian competent courts of law, based in the Bucharest City.