TERMS & CONDITIONS

GENERAL ASPECTS

The terms and conditions of use (hereinafter referred to as "Terms and Conditions") of the website www.affair37.com (hereinafter referred to as the "site") is for the exclusive use of RETRO DESIGN SRL, with registered office in Cluj-Napoca, str. Avram Iancu, nr. 28, ,et.3 ap. 25, jud. Cluj, tel. 0722627 562, e-mail studio@affair37.com, registered with the National Trade Register Office under number J12/4105/2004, Tax Code 16943247, legally represented by the administrator Botea Alina (hereinafter referred to as "Owner / Seller"), and establish the conditions under which any person may visit or access the site (hereinafter referred to as "User / Buyer / Customer") or may use in any way the services offered through it.

Please read the Terms and Conditions carefully before using this website. Your use of the site signifies your agreement to the Terms and Conditions. If you do not accept these Terms and Conditions or any of their provisions, you must immediately cease accessing the site. Your continued access or visit to the Site, any page thereof and/or use of any service and any component thereof shall constitute your tacit acceptance in full of the Terms and Conditions as set forth herein.

INTELLECTUAL PROPERTY

The Website is protected by intellectual property rights and the Holder owns all intellectual property rights to the entire content of the Website, which includes: all content in text format and any other material, transmitted in any form by and/or to Users (by direct visualization on the Website, by newsletter(s) or by any other material directly or indirectly related to the Website), graphic elements as well as available databases.

The Holder's rights are protected by the applicable Romanian legislation in force. The reproduction, distribution or publication in any form of the content of the materials presented on this site, regardless of the form they take, by any person, without mentioning the source by direct link to it, is prohibited.

Users may use the content of the websites for personal use only, subject to the conditions outlined herein, and none of the actions described below are permitted without the prior written consent of the Owner:

Removal or alteration of the content or the marks identifying the owner's copyright in the content;
Reproduction or storage of the content, as well as sending this content to any other website, server or any other means of storing information, if the purpose of this activity is commercial.

Personal use means use for purely non-commercial purposes, without any direct or indirect intention to make profit or gain of any kind from such use.

Users are prohibited from copying, taking, reproducing, publishing, transmitting, selling, distributing in whole or in part, or in modified form, the content of the Site or any part thereof for any purpose other than personal use.

Users who provide in any way information or material to the site agree to assign exclusively, indefinitely and in all territories all rights to use, adapt, modify and/or retransmit the content they contribute or post on the site.

The Users undertake to respect all intellectual property rights and related rights that the Holder owns over or in connection with the Website, its content and the services offered. Users understand and accept that in the event of breach of any of the above provisions to any extent, they may be held liable to the Holder.

IV. ONLINE SALES POLICY

1. Access and Placing Orders

Any Buyer has the right to access the Website to place an Order.

The Holder reserves the right to restrict a User's access to place orders and/or to certain accepted payment methods if, based on his/her behavior on the website, it is considered that his/her actions could cause harm. In such cases, the User may contact the Customer Relations Department to obtain details of the reasons for such action.

2. User Obligations

By using the website and related services, the User undertakes to comply with the legislation in force and not to carry out illegal activities, such as cracking, hacking or other actions that could compromise the functioning of the site, the server or the security of information.

The user undertakes not to:

modify, copy, transmit, transmit, display, publish, reproduce or sell information or services obtained through the site;
create derivative products based on website content;
bear any additional costs resulting from the use of the website, including those charged by telephone or internet service providers;
be liable for financial losses caused by unauthorized use of their account in transactions or purchases made on the website.

3. Communication with the Holder

Users may contact the Owner either directly or through the "Contact" section of the website. The Holder reserves the right to handle the information received without being obliged to provide justifications.

4. Information about Products, Services and Prices

The owner may publish on the website information about products, services and promotions, either its own or those of its partners, which are valid for a certain period and within the limits of available stock.

All product prices displayed on the website are in lei (RON) or euro (EUR) and include VAT

5. Payment Method and Additional Costs

Payments are made exclusively online, the Cardholder is not responsible for any additional costs incurred by the Buyer, such as currency conversion fees applied by the card issuing bank, if the card's currency differs from RON or EUR. These costs are entirely the Buyer's responsibility.

6. Description of Products and Services

All information used to describe products and services on the website (including static/dynamic images, multimedia presentations, etc.) is provided for information purposes only and does not constitute a contractual obligation on the part of the Holder.

V. ORDER AND DELIVERY PROCESS

To purchase products, add them to your shopping cart by selecting the "Add to cart" button. In the 'My cart' section, you can:

view the list of selected products ("View cart details");
change the quantity of products;
remove individual products or all products from the cart.

Adding a product/service to your cart does not guarantee availability nor does it constitute a reservation. Products can only be purchased while stocks last.

The price, method and term of payment are specified in each order and include VAT and other applicable taxes. The Seller will issue an invoice for the products purchased, based on the information provided by the Buyer, in accordance with the legislation in force.

The invoice is delivered together with the ordered products. It is the Buyer's responsibility to keep his account information up to date and to access the documents related to each order.

To complete your order, follow these steps:

Add the desired products to your cart;
Click the "Finalize order" button;
Fill in your billing details;
Choose your delivery and payment method;
Read and accept the Terms and Conditions by checking the appropriate box;
Confirm your order by pressing "Checkout".
After placing your order, you will receive a confirmation email.

The seller may cancel the order in the following circumstances by prior notice:

The buyer does not make the payment;
Data provided is incomplete/incorrect and prevents delivery;
Your order includes products displayed incorrectly due to technical problems, including obviously incorrect prices.

In the event of cancellation of a paid order, the amount paid will be refunded within 14 calendar days, in accordance with O.U.G. no. 34/2014. The finalization of the order implies the Buyer's obligation to pay the value of the products and delivery costs, which are displayed before the order confirmation.

The buyer can choose one of the following payment methods:

Payment by bank card - Card details are encrypted and securely transmitted to the payment processor. The seller does not access or store this information.
Bank transfer - If you choose this option, IBAN details are provided in the order confirmation e-mail. The products will be dispatched after payment confirmation.

Products are delivered to the address specified by the Buyer in the order by courier. The Seller may change the delivery methods and may introduce new shipping methods. The Courier is not responsible for unloading and transportation of the Products to the home. These activities are the responsibility of the Buyer and the delivery costs are fully borne by the Buyer and are shown both in the "My Basket" and in the order, unless the Buyer is benefiting from a discount in this respect as part of a campaign.

The estimated delivery time is a maximum of 2 weeks after firm confirmation of the order by an operator. If the data provided for invoicing/delivery is incorrect, delivery may be delayed or the order canceled if the Buyer does not respond within 24 hours.

The buyer is responsible for checking the parcel upon receipt.

If the number of parcels or the condition of the packaging does not correspond to the transport documents:

The parcel is refused;
The courier shall be asked to draw up a report;
Notify the Seller on the day of delivery by e-mail to studio@affair37.com or by telephone.

In exceptional cases (e.g. adverse weather conditions, accidents, roadblocks), delays in delivery may occur. In such cases, the Buyer will be informed as soon as possible.

If the parcel is lost or does not reach the Buyer, through no fault of the Buyer, the Seller will refund the amount paid, in accordance with the section on Return of Goods.

VI. RETURN OF PRODUCTS

Any discrepancies regarding the compatibility of products purchased from the online store with other products owned or to be purchased by the Buyer are not the responsibility of the Seller.

If a product is returned in a condition that does not allow it to be resold as a new product (missing accessories, visible damage, etc.), the Seller reserves the right to charge an amount necessary to restore the product to its original condition or to cover the price difference resulting from its sale as a resealed product. Alternatively, at the express request of the Customer, the product may be re-shipped at the Customer's expense. The amount withheld from the amount to be refunded will be calculated on the basis of the costs of replacing damaged components, the labor required for reconditioning or the difference between the original price of the product and its value in resealed condition.

The value of the amount withheld will be communicated to the Buyer after receipt and evaluation of the returned product. If the return is accepted, the Buyer may choose either to replace the product with an identical one or to refund the amount paid. In the event that the identical product is no longer available, the Buyer may request either a replacement product or a refund of the value of the returned product. If the product chosen in exchange is more expensive, the Buyer will pay the difference in price, and in the case of a cheaper product, the Seller will refund the corresponding amount.

In the case of a request for a refund of the value of the returned product, the Seller undertakes to make the payment within a maximum of 14 calendar days from the acceptance of the return, but not before the product arrives at the Seller's registered office or at the point indicated by the Seller (according to art. 13 of the O.U.G. no. 34/2014 on consumer rights).

Return conditions - Waiving your purchase

The purchaser has the right to cancel the purchase within 14 calendar days from the date of receipt of the product, in accordance with the legislation in force (art. 9 of the O.U.G. no. 34/2014). Notification of the intention to return must be sent in writing to the e-mail address studio@affair37.com studio@affair37.com.

The 14-day period is calculated from the date of receipt of the product.

The buyer is responsible for the return costs, according to art. 14 para. (2) of O.U.G. no. 34/2014. Products must be sent by courier to Cluj-Napoca, str. Avram Iancu, nr. 28, ,et.3 ap. 25, jud. Cluj

Returned products must be in the same condition in which they were received, with all accessories, consumables and any related gift products. Returns will not be accepted for damaged products or products that are no longer in resalable condition.

If the return is approved, the returned product will be refunded within a maximum of 14 calendar days after receipt of the return notification, but not before the Seller has received the product. The refund will be made by bank transfer to the account indicated by the Customer. Transportation and handling charges related to the initial order are not refundable.

The seller may postpone reimbursement of the sums due until receipt of the returned product or until receipt of proof that it has been dispatched, whichever is later.

In the event of a decrease in value following return, the Seller will charge a resealing fee. To avoid this, it is recommended that the product and original packaging be additionally protected during transportation.

VII. CATEGORIES OF PERSONAL DATA PROCESSED

We collect your personal data directly from you, giving you full control over the information you choose to provide to us.

We do not collect or process sensitive data, included by the General Data Protection Regulation (GDPR) in the special category of personal data. We also do not collect and process data of minors.

The categories of personal data we collect include:

Full name;
E-mail address;
Phone number;
Billing address;
Delivery address (if different from billing address);
Payment details;
Website usage information (e.g. browsing behavior, preferences, purchase history) to personalize your online experience and provide you with offers tailored to your profile;
Other data provided directly when creating a user account, in the process of placing an order or by using the website.

If you create a user account before completing an order, you will be prompted to enter your e-mail address, based on which the account will be created automatically. If you do not complete the order, the account will not be created and the e-mail address and other data provided will not be stored.

If you visit the website without placing an order or creating an account, we will process your personal data in the following ways:

Direct - when you enter information in the contact form available on www.affair37.com.

Indirectly - by automatically collecting technical data such as: type of browser used, duration of browsing session, IP address, search history and pages viewed, language and operating system used, URLs accessed before and after visiting our site, products or information searched/viewed, frequency and duration of visits to specific pages, interaction with the site pages (scrolling, clicks, mouse-overs).

This data is used exclusively to optimize the user experience and improve the services offered.

Purposes and grounds for data processing

In order to provide services exclusively for your benefit, the processing of your personal data is carried out for the purposes mentioned below, pursuant to the contract concluded between you, as User/Customer/Customer, and Retro Design SRL, as defined in the Terms and Conditions of this website. In order to implement this contract, it is necessary to collect and process your personal data. If you decide not to provide this data, this could lead to the impossibility of carrying out the contractual relationship between Retro Design SRL and you. In this context, the data is necessary for the following purposes:

Creating and managing your account on www.affair37.com;
Order processing, including order validation, picking, invoicing and dispatch;
Resolving any problems, claims or complaints related to an order, products or services purchased, including dealing with their cancellation;
Returning products, according to legal regulations;
Reimbursement of the value of the products, in accordance with legal regulations;
Providing customer support services related to your orders or products offered by the Seller, and responding to your questions or requests.

In order to improve the services we offer, we may collect and process information about your behavior as a Buyer/User/Customer or invite you to participate in satisfaction surveys following the completion of an order or contract. These activities are based on our legitimate interest to conduct commercial activities, always with a view to protecting your fundamental rights and freedoms.

For marketing activities, we may send e-mail/SMS/telephone messages, which may contain general or thematic information, special offers, promotions, similar or complementary products to those previously purchased, information related to products added to the "My Account/My Cart" or "My Account/Favourites (Wishlist)" sections, as well as personalized recommendations based on your behavior on our website. In order to provide you with this information, we may use certain data relating to your behavior as a User/Customer/Customer, such as products viewed on the site or products added to the "My Account/Favorites (Wishlist)" section, to create a profile of you.

We make every effort to ensure that data processing is carried out with respect for your fundamental rights and freedoms and that decisions based on them do not have legal effects on you.

In most cases, marketing activities are carried out on the basis of your prior consent. You have the right to change your choices about receiving marketing communications or to withdraw your consent at any time by using the following methods:

Click the "Unsubscribe" link in the messages you receive from us;
Disabling the "I agree to receive marketing information" option in the "My Account/Account Details" section;

How long we keep and process your personal data

In general, we will keep your personal data for as long as you have an account on the website. The Seller will process your personal data for as long as it is necessary to fulfill the processing purposes mentioned above.

If you are a Customer, your data will be processed for the entire duration of the contractual relationship and thereafter in accordance with the legal obligations incumbent on Retro Design SRL. In the case of orders placed on the website, the data contained in the financial-accounting documents or in the documents annexed to them will be kept for 10 years, in accordance with Article 38 of Annex 1 of Order no. 2634/2015 on financial-accounting documents, issued by the Ministry of Public Finance, and will not be accessed for any purpose other than the legal purpose for which they are archived. Upon expiration of the 10-year period, such data will be destroyed.

If you are a customer and wish to request the deletion of your user account, please send an e-mail to studio@affair37.com, Retro Design SRL will interpret this action as a request to unsubscribe from commercial communications related to products and services offered through the site, and thereafter you will no longer receive notifications in this regard.

If you are requesting account deletion but have at least one active order that needs to be completed, your deletion request will only be processed after the products have been delivered and all active orders have been completed.

Transmission of your personal data

The Holder does not sell or rent your personal data. However, for the fulfillment of contractual obligations, we may transmit or provide access to certain personal data to the following categories of recipients, referred to, where necessary, as Processors:

courier service providers;
payment or banking service providers;
hosting providers and IT companies.

These processors are contractually obliged to keep the data confidential and to use the data solely for the purpose for which it was provided.

Where necessary to protect a legitimate interest or in case of a legal obligation, we may disclose certain personal data to central or local public authorities.

Your personal data may be transferred to the European Union business in accordance with the regulations in force.

VIII. LITIGATIONS

Any dispute arising between Buyer and Seller shall be settled amicably. In the event of failure to resolve the dispute amicably, the competent courts of law in Romania, according to the general, material and territorial jurisdiction, at the registered office of Retro Design SRL, shall have jurisdiction to settle the dispute.

If you encounter a problem and you do not know how to solve it, the National Authority for Consumer Protection (ANPC) can help you solve it, as long as it is a case covered by consumer protection legislation. More information can be found on the official ANPC website here.

This contract is governed by Romanian law.

IX. MAJOR FORCE

Neither party (the Seller/Buyer) shall be liable for non-performance of its contractual obligations if such non-performance, in whole or in part, on time or properly, is caused by an event of force majeure. Force majeure is defined as an unforeseeable event beyond the control of the parties and which cannot be avoided.

If the force majeure event persists for a period of 15 (fifteen) days from the date of its occurrence, either party shall be entitled to notify the other party of the termination of the contract by operation of law, without either party being entitled to claim damages.