1. General Terms and Conditions

shall apply to all sales of goods and services by Dăscălescu I. Diana-Ana-Maria Individual Enterprise through the virtual store www.fotoactiv.ro to the Buyer and may be modified only with the express written consent of both parties.

Thus, the following terms will mean:

Buyer – person, company, company or other legal entity that issues an order on www.fotoactiv.ro
Seller – Dăscălescu I. Diana-Ana-Maria Individual Enterprise, having its registered office in mun. Piatra Neamț, str. Mihai Viteazu nr. 23, bl. C3, ap. 13, jud. Neamț, CUI 42409290, F27/215/2020;
Goods and Services – any product or service, including the documents and services mentioned in  the Order, to be provided by the seller, to the buyer;
Order – an electronic document that intervenes as a form of communication between the seller and the buyer, through which the seller agrees to deliver the goods and services, and the buyer agrees to receive these goods and services and make payment for them.
Contract – a document accepted by both parties containing all the data, conditions and terms of performance of the services.
Intellectual Property Rights (IPR) – all intangible rights such as: know-how, copyright and rights in kind of copyright, database rights, design rights, design rights, patents, trademarks and domain name registrations for any of the above;
Specifications – all specifications and/or descriptions of goods and services as specified in the order/contract.
2. CONTRACTUAL DOCUMENTS By
launching an electronic or telephone order on the www.fotoactiv.ro website, the buyer agrees to the form of communication (telephone or e-mail) through which the seller carries out its operations.
The order will be composed of the following documents, in order of importance: The order (together with clear mentions on delivery and invoicing dates) and its specific conditions;
Buyer's specifications (where applicable);
Terms and Conditions.
If the seller confirms the order, this will imply a full acceptance of the terms of the order.

The acceptance of the order by the seller is considered completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the seller to the buyer, without requiring an acknowledgement of receipt from the buyer.

The www.fotoactiv.ro team makes permanent efforts to provide information that is as accurate and up-to-date as possible.

However, we do not guarantee that this information is always complete, accurate and up-to-date. In case of stock differences, the information communicated by the representative Dăscălescu I. Diana-Ana-Maria Sole Proprietorship Sole Proprietorship will be taken into account.

The seller does not consider at any time an unconfirmed order to have the value of a contract. This Agreement is effective upon confirmation of the Order by Seller. Confirmation is made by phone or electronically (e-mail). The general terms and conditions of sale will be the basis of the contract thus concluded, in addition to them being the warranty certificate issued by the seller or one of its suppliers.

3. EXTENSION OF THE SELLER'S OBLIGATIONS

The seller will use his professional and technical knowledge to achieve the result stipulated in the order and will deliver the goods and services that meet the requirements, needs and specifications of the buyer.

The information presented on the seller's website is for informational purposes only and may be modified by the seller without prior notice. Also, for reasons related to space and the coherence of the structure of the information, the descriptions of the products may be incomplete, but the seller makes efforts to present the most relevant information, so that the product is used within the parameters for which it was purchased.

Product images are also for informational purposes only and may contain accessories or additional products that the original package does not contain or there may be differences between them and the product;

Communication with the store – it can be done by interacting with it, posting opinions about the products or communicating through the addresses mentioned in the "Contact" section.

Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored.

The seller has the freedom to manage the information received without having to provide justification for it;

In case of an unusually high volume of traffic coming from an internet network, Dăscălescu I. Diana-Ana-Maria Individual Enterprise reserves the right to ask users to manually enter captcha validation codes, in order to protect the information on the site.

4. ASSIGNMENT AND SUBCONTRACTING

The Seller may assign and/or subcontract a third party for services related to the fulfillment of the order, with the information of the Buyer, without the need for his consent.

The Seller shall always be liable to the Buyer for all contractual obligations.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY (IPR)

The buyer understands the intellectual property right and will not disclose to a third party or make public (on the internet or media) any of the information received from the seller.

Dăscălescu I. Diana-Ana-Maria Individual Enterprise owns the copyright for the entire content of the www.fotoactiv.ro website. If you report an abuse of your intellectual property right, please use the email address office@fotoactiv.ro – Report Intellectual Property Infringement or send a message.

Also, the name of the site as well as the graphic signs are registered trademarks owned by Dăscălescu I. Diana-Ana-Maria Individual Enterprise and may not be taken over, copied or used without the written consent of the owner.

6. PRIVACY – ADVERTISING

Information of any nature provided by the buyer to the seller will remain the property of the seller. They may only be used for the performance of the contract and may only be made known with the written consent of the seller and after obtaining a confidentiality undertaking from the recipient.

No public statement, promotion, press release or any other manner of disclosure to third parties shall be made by the Buyer regarding the Order, without the prior written consent of the Seller.

The www.fotoactiv.ro messages are conveyed through specialized partners approved by www.fotoactiv.ro. This ensures the confidentiality and security of the information. Customer data may not be used, nor may it be provided to other parties. By submitting information or materials through this website, you give the seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the seller may freely use, in its own interest, these ideas, concepts, know-how or techniques that you have sent us through the www.fotoactiv.ro website, Dăscălescu I. Diana-Ana-Maria Individual Enterprise will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide for other specifications in this regard.

In accordance with the statutory conditions on the protection of personal data, the seller will not disclose any information about the buyer without authorization. Based on your express and unequivocal consent and only within the limits of applicable law, in order to respond to your requests by offering new products/services, we may provide such information to third parties (e.g. marketing service providers, other service providers; state, government agencies or insurance associations, where required by specific legislation; other companies with whom we may develop joint bidding programs on market for our products and services).

7. PENALTY DEADLINES

If the delivery and/or order start deadlines cannot be met, the seller is obliged to notify the buyer of the estimated delivery deadline. The buyer shall be entitled to claim additional damages from the seller, where permitted by law, in the event of the seller's failure to perform the contract in whole or in part in accordance with the stipulated deadlines. If the buyer delays, through his fault, the payment of the goods within the deadline provided in the invoice issued by the seller, he is obliged to pay a penalty of 0.5% per day of the amount due. If the seller receives erroneous information related to the invoicing or delivery of the products, a new order fulfillment deadline will be established, which will be within 3 working days.

8. INVOICING – PAYMENTS

The price, payment method and payment term are specified in the order. The seller will issue to the buyer an invoice for the goods and services delivered, the buyer's obligation being to provide all the information necessary for the issuance of the invoice in accordance with the legislation in force.

For payment by PO or cash, the Dăscălescu I. Diana-Ana-Maria Individual Enterprise – IBAN account will be used: RO93BRDE280SV69 518 252 800.

Payment term: 14 working days.

The invoice carries penalties of 0.5% for each day of delay.

9. RISKS AND LIABILITIES

Delivery – The Seller undertakes to ship the Goods and Services by courier/personal/online to the Buyer, as stated in the contract/order.

Transport & Packaging – Unless agreed by the seller and buyer differently, the seller discharges the risks and responsibilities associated with the goods and services at the time of their delivery to the courier company with which the seller collaborates or to the buyer's representative, or the buyer. The seller will ensure the proper packaging of the goods and services and will ensure the transmission of the accompanying documents. To avoid the inconvenience caused by a possible return, please check the package before signing the receipt documents. The verification will be done in the presence of the representative of the courier company or the delegate of the www.fotoactiv.ro company. Do not sign for receipt and refuse to receive the product if you have doubts about its integrity (the packaging must be intact, not show traces of scratches, tears, blows or other damage) and ask for these aspects to be recorded on the document accompanying the product or on the report of finding drawn up in the presence of the courier.

10. ACCEPTANCE

Acceptance will be made when the goods and services comply with the technical characteristics mentioned in the order. If the buyer discovers that the delivered products or services provided do not conform to the technical specifications, then the seller will bring the products and services into conformity. Also, for the products sold and delivered by www.fotoactiv.ro (Dăscălescu I. Diana-Ana-Maria Individual Enterprise), the Buyer benefits from the return of the products within 10 days.

11. WARRANTIES

All products sold on the www.fotoactiv.ro website, except for those resealed, benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers.

The products are new, in the original packaging and come from sources authorized by each manufacturer.

In the case of products sold and delivered by www.fotoactiv.ro, warranty certificates are either issued directly by the manufacturer, if he has a national service network, or are issued by the www.fotoactiv.ro.

In the case of warranty certificates issued by www.fotoactiv.ro, we offer the "Pick-up & Return" service which involves the collection and delivery of the products free of charge.

In the case of warranty certificates issued by manufacturers, the claimed product, defective during the warranty period, must be presented directly to the nearest service center mentioned in the warranty certificate.

This manufacturer-authorized center will take full responsibility for resolving the warranty. The lack of a product warranty certificate must be reported within 48 hours of receipt of the goods, to the office@fotoactiv.ro address.

Any subsequent notification will not be taken into account.

In the case of resealed products, the warranty certificate is issued by the www.fotoactiv.ro, and the warranty does not cover the same period as for a new, sealed product. The warranty period is specified for each individual resealed product. The conditions of use, handling and transport of a resealed product are the same as those of sealed products.

12. TRANSFER OF OWNERSHIP

Ownership of the goods and services will be transferred at the time of payment by the buyer to the location indicated in the order (meaning delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the seller's staff). In the case of delivery by courier, the seller is not authorized by the seller to allow the buyer to open the parcels before the delivery is signed, but only after the delivery is signed and the payment of their eventual value.

The customer has the obligation to check the packaging for scratches, bumps and can refuse that product if it shows traces of faulty handling and to conclude a report with the representative of the courier company.

13. LIABILITY

The Seller cannot be held 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 goods and services after delivery and in particular for the loss of the products.

14. FORCE MAJEURE

Neither party shall be liable for the non-performance of its contractual obligations, if such non-performance is due to an event of force majeure. Force majeure is the unforeseeable event, outside the control of the parties and which cannot be avoided.

15. GOVERNING LAW – JURISDICTION

This contract is subject to Romanian law. Any disputes arising between the organizer and the participants in the campaign will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts.

16. RETURN POLICY

The right of return is valid only for customers who are individuals or groups of persons constituted in associations, who have purchased products from the www.fotoactiv.ro (Dăscălescu I. Diana-Ana-Maria Individual Enterprise). To benefit from the return of the products in 14 days, send to the email address office@fotoactiv.ro the return form no later than the 14th calendar day from the date of pick-up/receipt of the product.

Forms completed after 14 calendar days are not considered. The return of the products is made by the customer, at his expense. If several products of the same kind have been purchased, only one unsealed product can be returned, the rest of the quantity is accepted only if the products are sealed. Returned products must be accompanied by the original warranty certificate and a copy of the purchase invoice. If the delivered product does not correspond to the specifications on the website, it can be returned at no additional cost to the customer, after a written notification has been sent from the customer in advance specifying the lack of conformity of the product within a maximum of 24 hours from delivery. The customer can request the replacement of the product or the return of its value. More details!

17. PROCESSING OF PERSONAL DATA

17.1. Dăscălescu I. Diana-Ana-Maria Individual Enterprise (www.fotoactiv.ro), having its professional headquarters in mun. Piatra Neamț, str. Mihai Viteazu nr. 23, bl. C3, ap. 13, jud. Neamț, CUI 42409290, F27/215/2020.

17.2. According to the requirements of the GDPR, www.fotoactiv.ro is obliged to securely manage the personal data you provide to us safely and only for the specified purposes.

17.3. The purpose of data collection is: – to inform the Customers/Buyers about the status of their Account including validation, shipping and invoicing of Orders, solving cancellations or problems of any nature related to an Order, the Goods and/or services purchased; – sending Newsletters and/or periodic alerts, by using e-mail (e-mail, SMS) – market research, tracking and monitoring of sales and Customer/Buyer behavior.

17.4. By filling in the data in the Account and/or Order/Contract creation form, the Buyer declares and unconditionally accepts that his/her personal data will be included in the www.fotoactiv.ro's database, gives his/her express and unequivocal consent that all such personal data will be stored, used and processed for the purpose set out above in point 17.3.

17.5. By reading the Document, you are aware that you are guaranteed the rights provided by the GDPR, namely the right to information, the right of access to data, the right to intervene, the right to object, the right not to be subject to an individual decision, the right to take legal action in case of violation of the rights guaranteed by the GDPR.

17.6. Based on a written request, dated, signed and sent to the address: mun. Piatra Neamț, str. Mihai Viteazu nr. 23, bl. C3, ap. 13, jud. Neamț, or office@fotoactiv.ro  to the attention of Dăscălescu I. Diana-Ana-Maria Individual Enterprise, you can exercise, free of charge, for one request per year, to be confirmed as to whether or not personal data are processed.

17.7. Based on a written request, dated, signed and sent to the address: mun. Piatra Neamț, str. Mihai Viteazu nr. 23, bl. C3, ap. 13, jud. Neamț, or office@fotoactiv.ro  to the attention of Dăscălescu I. Diana-Ana-Maria Individual Enterprise, you can exercise your right to intervene on the data, as the case may be:

17.7.1. – rectification, updating, blocking or deletion of data whose processing is not in accordance with the GDPR, in particular incomplete or inaccurate data;

17.7.2. – transformation into anonymous data of data whose processing is not in compliance with the GDPR;

17.7.3. – notification to third parties to whom the data have been disclosed, if such notification does not prove impossible or does not involve a disproportionate effort compared to the legitimate interest that could be harmed.

17.8. www.fotoactiv.ro may also provide the Buyer's personal data to other companies with which it is in partnership relations, but only on the basis of a confidentiality commitment on their part and only for the purposes mentioned in point 17.3., by which it guarantees that such data is kept secure and that the provision of such personal information is made in accordance with the legislation in force,  as follows: courier service providers, marketing service providers, payment/banking, telemarketing or other service providers, provided by companies with whom we may develop joint market offering programs for our Goods and Services, insurers.