Below you will find the Terms and Conditions for the artshop and art sales by Maria Marcu (aka Maria PopArt).
Payment methods
The web store offers the most convenient method to pay with PayPal. With PayPal you can pay online securely and easily. You pay in the trusted mobile banking app or internet banking environment of your own bank. Paying with a credit card is also possible.
FREE Shipping methods
Free Shipping takes place via USPS and other international carriers. The delivery time within United States is usually 10 working days / Europe is usually within 7 working days / Australia & Asia & South America is usually within 14 days. When your order is delivered to you and no one is present, the driver will come back up to 2 times to offer your package. With the track-and-trace code you can track your package yourself. Damage or loss of your package is at the risk of mariapopart.com until receipt.
Warranty, exchange and return
We provide a 1-year warranty on the purchase of artworks from the web store. This warranty starts from the day of purchase. If something is not right with the artwork, you can contact us to submit your complaint. We will do our best to find a suitable solution.
You cannot exchange works of art. It is, however, possible to return a work of art, with distance purchases you have the right to return and you can return your item within fourteen days, if undamaged and preferably in its original packaging. We will then refund your purchase amount to your account.
If you want to return your purchase, please first notify us by e-mail so that we can process your request quickly and efficiently. Any shipping costs upon return are for the customer. After receiving your return item, we will inform you by e-mail within two weeks about the handling thereof.
Terms and Conditions
- Definitions
The following definitions apply in these terms and conditions:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the contact person;
3. Day: calendar day;
4. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means that enables the consumer or contact person to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal / right of return: the possibility for the consumer to cancel the contract / distance purchase within the cooling-off period;
7. Contact person: the natural or legal person who offers products and / or services to consumers at a distance;
8. Distance agreement: an agreement whereby within the framework of a system for distance selling of products and / or services organized by the contact person, use is made, up to and including the conclusion of the agreement, of one or more techniques for communication on distance;
9. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and contact person coming together in the same room.
10. General Terms and Conditions: the present General Terms and Conditions of the contact person.
2. Identity of contact person
Name: Maria Marcu
Address: OP 1 – CP 25, Roman 611072, Neamt, Romania
Email address: mariapopart@yahoo.com
3. Applicability
1. These general terms and conditions apply to every offer from the contact person and to every distance contract concluded and orders between contact person and consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the contact person and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision which, for him, most beneficial.
5. If at any time one or more provisions of these general terms and conditions are wholly or partially invalid or become void, the rest of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay by a provision that approached the scope of the original as much as possible.
6. Situations that are not regulated in these terms and conditions must be assessed “in the spirit” of these terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these terms and conditions.
4. The offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The contact person is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the contact person uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the contact person.
4. All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Contact cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
The price including taxes;
The possible costs of shipment;
The manner in which the agreement will be concluded and which actions are required for this;
Whether or not the right of withdrawal is applicable;
The method of payment, delivery and implementation of the agreement;
The period for accepting the offer, or the period within which the contact person guarantees the price;
The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
Whether the agreement will be archived after its conclusion, and if so, how this can be accessed by the consumer;
The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
Any other languages in which, in addition to Dutch, the agreement can be concluded;
The codes of conduct to which the contact person has submitted and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance agreement in the event of an extended transaction.
5. The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the contact person shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the contact person, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the contact person will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the contact person will take appropriate security measures.
4. The contact person can – within the law – inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If, based on this investigation, the contact person has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
5. The contact person will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the location of the contact person where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the contact person has already provided this information to the consumer before the performance of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
6. Right of withdrawal
1. When purchasing products, the consumer has the option of dissolving the contract for 14 days without giving any reason. This reflection period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the contact person.
2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the contact person, in accordance with the reasonable and clear instructions provided by the contact person.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the contact person within one calendar month after receiving the product. The consumer must make this known through a contact option specified on the website. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer ships the product with his own transport or through a professional transporter. The consumer must prove that the goods delivered were returned in a timely and professional manner, for example by means of proof of shipment. If desired, the consumer can use the contact’s return-shipping service.
4. If the consumer has paid an amount, the contact person will refund this amount within 7 days of receiving the returned product, or conclusive proof of complete return.
5. If, at the end of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or resp. the product has not been returned to the contact person, the purchase is a fact.
7. Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, only the costs of return will be for his account.
2. If the consumer uses the return-shipping service of the contact person, the relevant transporter (third party) will determine the market-based shipping costs and invoice the consumer. The contact person can inform the consumer on request and at any time about the return shipping costs, but is never obliged to do this independently; this obligation to provide information lies with the consumer.
3. If the contact person advances the return shipping costs, the contact person will, if possible, deduct the rate from the carrier concerned from the purchase amount. If the product has not yet been paid for, the contact person will make a payment request to the consumer.
8. Customization and exclusion of the right of withdrawal
1. The contact person can exclude the consumer’s right of withdrawal for (customized) products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the contact person has this clearly in the offer, at least in time for the conclusion of the agreement mention.
2. Exclusion of the right of withdrawal is only possible for products that have been created by the contact person in accordance with the consumer’s specifications and / or that are clearly personal in nature (including customization);
9. The price
1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the contact person can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the contact person has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the contact person has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the range of products or services are exclusive of VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typing errors, the contact person is not obliged to deliver the product at the wrong price.
10. Conformity and Warranty
1. The contact person is responsible for ensuring that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the contact person also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the contact person, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the contact person under the agreement.
3. Any defects or incorrectly delivered products must be reported to the contact person within 7 days of delivery. Return of the products must be in the original packaging and in new condition.
4. The guarantee period for the contact person is 1 year. However, the contact person is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
The consumer has repaired and / or modified the delivered products himself or had them repaired and / or modified by third parties;
The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the contact person and / or have been treated on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials used.
11. Delivery and execution
1. The contact person will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to mariapopart.com.
3. mariapopart.com will carry out accepted orders in accordance with the delivery terms stated on the website or jointly agreed, unless the consumer has (later) agreed to a longer delivery time. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified within a reasonable period of time. In that case the consumer has no right to terminate the agreement or the right to compensation.
4. Only if the delivery time is exceeded by 100% does the consumer have the right to dissolve the agreement without costs. In the latter case, the consumer is not entitled to compensation.
5. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.
6. In the event of termination in accordance with paragraph 3 of this article, the contact person will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
7. If delivery of an ordered product turns out to be impossible, the unique nature of the paintings makes it impossible to make a replacement item available.
8. The risk of damage and / or loss of products rests with the contact person until the moment of delivery to the consumer or a representative designated in advance and made known to the contact person, unless expressly agreed otherwise.
12. Duration transactions: duration, cancellation and extension
Cancellation
1. The consumer can at all times cancel an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of at most one month.
2. The consumer can at all times cancel an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services with due observance of the agreed termination rules and a notice period of at most one month .
3. The consumer can the agreements mentioned in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a specific time or in a specific period;
– cancel at least in the same way as they are entered into by him;
– cancel with the same cancellation period as the contact person has stipulated for himself.
Duration
1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness are opposed to cancellation before the end of the agreed duration.
13. Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after confirming the purchase. After payment, the product will be sent.
2. The consumer is obliged to immediately report inaccuracies in payment data provided or stated to the contact person.
3. In the event of non-payment on the part of the consumer, the contact person has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
14. Complaints procedure
1. The contact person has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the contact person within 7 days, after the consumer has found the defects.
3. Complaints submitted to the contact person will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the contact person will reply within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.
5. A complaint does not suspend the contact person’s obligations, unless the contact person indicates otherwise in writing.
6. If a complaint is found to be justified by the contact person, the contact person of her choice or the delivered products will be replaced or repaired free of charge.
15. Disputes
1. Romanian law applies exclusively to agreements between the contact person and the consumer to which these general terms and conditions apply. Even if the consumer is living abroad.
16. Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.
Disclaimer
Copyright
mariapopart.com offers interested parties the information on this website, but retains the copyright on this page and the copyright on all text, images and other parts on and from these pages. It is not permitted to distribute text, images or other parts on and from this website, in original or modified form, to third parties without the express permission of mariapopart.com. It is permitted, exclusively for personal use, to copy this website and / or parts of these pages to your computer in original form. It is permitted, solely for personal use, to print this website or to include references to these pages in your own documents. It is permitted to send this website, and / or parts of these pages, to interested parties, stating the source.
Even after purchasing a painting, the copyright remains with the artist MARIA MARCU. Printing and copying of the painting may only be done and sold by MARIA MARCU (aka MARIA POPART).
Liability
The information, text, images, links and other parts on and from the website are offered as a service by mariapopart.com.
mariapopart.com accepts no liability arising from the use, inaccuracy or incompleteness of text, images, information, links or other parts on the website, the server on which these pages are located or other servers that can be accessed via this website. All information is published in a personal title.
Maria Marcu 