Terms and Conditions

This document is provided for information purposes and is being reviewed by a legal adviser before the official launch of the online shop. It does not constitute legal advice. The trader's identification details (legal name, CUI, Trade Register number, registered office, IBAN) are shown as placeholders of the form „[CLIENT: …]” and will be completed with the real information before publication. ⚠️ In this version of the website, order completion and online payment operate in a demonstration (demo) mode; real payment is not yet available — see the section on price and payment.

This website is made available by the trader operating under the trade name „Meșteșugarul Brăilean” (hereinafter „Meșteșugarul Brăilean”, „the trader”, „the workshop” or „we”), with its premises in Brăila, Romania. This document sets out the conditions under which you may use the website, the online shop, the virtual assistant and the forms made available, as well as the contractual conditions applicable to the sale of products and the provision of repair/restoration and made-to-order services.

By accessing and using this website and by placing an order, you confirm that you have read, understood and agree to these Terms and Conditions, as well as the Privacy Policy and the Cookie Policy. If you do not agree with any of these provisions, please do not use the website.

We reserve the right to amend these Terms and Conditions at any time, as well as the content, structure and functionality of the website, without prior individual notice. The version applicable to an order is the one published on the website at the time that order is placed, displayed together with the date of the last update. Continued use of the website after the changes are published constitutes acceptance of them; we recommend that you consult these documents periodically.

In accordance with Art. 5 of Law no. 365/2002 on electronic commerce, republished, and with the obligations to inform the consumer, we provide you with the trader's identification details:

• Legal name: [CLIENT: company/sole-trader name]

• Registered office: [CLIENT: registered office address]

• Place of business (workshop and shop): [CLIENT: workshop/shop address], Brăila, Romania

• Tax identification code (CUI): [CLIENT: CUI]

• Trade Register registration number: [CLIENT: J__/____/____]

• Share capital: [CLIENT: share capital, if applicable]

• E-mail: [CLIENT: e-mail address] · Phone / WhatsApp: [CLIENT: phone number]

• Bank account (IBAN): [CLIENT: IBAN]

The identification details are also set out in detail in the Legal Notice section of the website.

You undertake to use the website only for lawful purposes, in accordance with these Terms, good morals and the applicable legislation, without prejudice to the rights of the trader or of third parties.

The entire content of the website — texts, product descriptions, images, photographs, graphic elements, logo, trademarks, the trade name „Meșteșugarul Brăilean”, the structure and the design — belongs to the trader or its partners and is protected by the legislation on copyright and industrial property. It is prohibited to reproduce, distribute, modify, publish or use, in whole or in part, the content, for any purpose, without our prior written consent. The names, trademarks and logos of third parties displayed on the website (for example Google) belong to their respective holders and are used in accordance with their policies.

It is also prohibited for any user to: access or use the website by automated means (robots, crawlers, scripts, „scraping”); systematically extract or reuse a substantial part of the content or of the associated databases; decompile, reverse-engineer, circumvent or disable security measures; as well as any action liable to overload, disrupt or affect the operation, integrity or availability of the website and the associated IT systems. The abusive or automated use of the virtual assistant and the transmission of unlawful, defamatory messages or messages that infringe the rights of third parties are also prohibited. These prohibitions do not target ordinary, good-faith browsing. Such acts may constitute offences under the Criminal Code — in particular illegal access to an IT system, alteration of the integrity of computer data and disruption of the operation of IT systems — and may infringe the rights provided by Law no. 8/1996 on copyright and related rights, including the database maker's right. We reserve the right to restrict or block the access of any user who breaches these rules, to take technical protection measures and to notify the competent authorities, without prior notice and without prejudice to other rights provided by law.

Fur and leather products are, for the most part, handmade items. As such, there may be small natural variations in shade, texture, the pattern of the fur or of the leather from one piece to another; these particularities are specific to natural materials and to artisanal craftsmanship and do not constitute defects. The photographs are for presentation purposes; the real colours may be perceived differently depending on your screen settings.

We strive to present correctly the essential characteristics of each product (material, indicative dimensions, care). For unique pieces or those made by hand, availability may be limited to a single item. Displaying a product on the website is an invitation to order, and actual availability is confirmed when the order is processed. If a product ordered is no longer available, we will inform you and refund the amounts paid for that product, without undue delay.

Placing an order through the website involves following the steps displayed (selecting the product and the options, adding to the cart, completing the delivery and billing details, choosing the delivery and payment method, final confirmation of the order). Before the final confirmation, you are shown a summary of the order, with the products, the prices, the delivery costs and the total to be paid, and you have the possibility to correct any input errors.

Clicking the order confirmation button entails an obligation to pay („order with an obligation to pay”), in accordance with G.E.O. no. 34/2014 on consumer rights in contracts concluded with professionals. The submission of the order constitutes an offer to purchase the selected products.

The distance sales contract is deemed concluded at the moment we send you confirmation of acceptance of the order (as a rule by e-mail). We reserve the right not to accept an order (for example in the event of product unavailability, an obvious pricing error or suspicion of fraud), in which case we will inform you and refund any amount possibly collected. We provide you with these Terms and the order confirmation on a durable medium (e-mail).

The prices of the products are displayed in lei (RON) and include VAT, where the trader is registered for VAT purposes; the applicable VAT regime is the one provided by Law no. 227/2015 on the Fiscal Code and is reflected in the invoice issued. Delivery costs, where they apply, are displayed separately and are communicated to you before the confirmation of the order. The price applicable to an order is the one displayed at the time the order is placed.

The trader is not bound by a price displayed in a manifestly erroneous manner (for example as a result of an obvious technical error). In such a situation, we will inform you before acting on the order and you will be free to confirm the order at the correct price or to withdraw, with the refund of any amount collected.

⚠️ Note regarding the current version of the website: in this version, going through the cart and the order completion steps is for demonstration (demo) purposes, and online payment is not yet active. No real payment is processed through the website, and the confirmation displayed at the end of the order steps does not constitute a firm order. Until online payment is activated, firm orders can be placed through the contact channels indicated (e-mail, telephone, WhatsApp or in the shop). This section will be updated when online payment is activated.

When the payment function is activated, the available payment methods (for example card payment through an authorised processor, cash on delivery, bank transfer) will be displayed at order completion. Card payment will be made in the secure environment of the payment processor, with authentication in accordance with the applicable standards; the trader does not store the full card number. An invoice is issued for each order, in accordance with the tax legislation, including through the national RO e-Factura system, as applicable.

Delivery is carried out through the courier or transport services indicated at order completion, to the address provided by you. The delivery times are estimates and are communicated to you when the order is placed; in the absence of another agreed time, the trader delivers the products without undue delay and within no more than 30 days from the conclusion of the contract [Art. 18 of G.E.O. no. 34/2014]. The cost of delivery, where it applies, is communicated to you before the confirmation of the order.

The risk of loss of or damage to the products is transferred to you at the moment you or a third party designated by you (other than the carrier) take physical possession of the products [Art. 20 of G.E.O. no. 34/2014]. On receipt, we recommend that you check the integrity of the parcel and report any visible damage to the courier.

⚠️ Note regarding natural fur products — transport restrictions: certain express courier operators prohibit, through their transport conditions, the shipment of natural fur products. For this reason, for natural fur items delivery may be carried out through specialised transport services or, where applicable, by pickup/handover in the shop, with appropriate transport insurance. The delivery method applicable to a natural fur product will be communicated to you before the completion of the order, and for customers outside the country we will agree together on the appropriate shipping solution. These restrictions relate to the carriers' policies and to the specific nature of the material.

As a consumer, you have the right to withdraw from the contract concluded at a distance, without having to justify your decision and without incurring costs other than those provided by law, within 14 days [Art. 9 of G.E.O. no. 34/2014].

The 14-day period begins to run from the day on which you or a third party designated by you (other than the carrier) take physical possession of the products; in the case of orders with multiple products delivered separately, the period runs from the taking of possession of the last product.

To exercise the right of withdrawal, you can inform us of your decision by an unequivocal statement (for example a letter sent by post or an e-mail to the address indicated in the trader identification section). You may use the model withdrawal form below, but this is not mandatory. To meet the deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the 14 days expire.

Effects of withdrawal: we will refund all the amounts received from you, including the costs of standard delivery, without undue delay and within no more than 14 days from the date on which we are informed of the decision to withdraw. We may withhold the refund until we have received the products back or until you provide evidence that you have sent them back, whichever is the earliest [Art. 14(4) of G.E.O. no. 34/2014]. The refund is made using the same means of payment as the one used by you, unless you agree otherwise; the refund will not incur costs for you.

If you have expressly requested a more expensive delivery method than standard delivery, we are not obliged to refund the additional costs. The direct costs of returning the products (the return transport) are borne by you, unless we have agreed otherwise or the product is non-conforming.

You must return the products without undue delay and within no more than 14 days from the date on which you communicated the withdrawal to us. You are responsible only for the diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products [Art. 14(3) of G.E.O. no. 34/2014]; we recommend that you return the products in the condition in which you received them, with the tags and the protective packaging.

According to Art. 16 of G.E.O. no. 34/2014, the 14-day right of withdrawal does not apply to certain categories of contracts. In our activity, the exception provided for in Art. 16(c): the supply of goods made to the consumer's specifications or clearly personalised is particularly relevant.

Therefore, pieces made „to order”, to measure, monogrammed or personalised at your request do not benefit from the 14-day right of withdrawal, as they are made specifically for you and cannot be returned to ordinary commercial circulation. This aspect is brought to your attention before placing such an order, and by confirming the personalised order you acknowledge the loss of the right of withdrawal for that product. The exception does not affect the legal guarantee of conformity, which also applies to made-to-order products.

Also, products that may be exempt from the right of withdrawal, under the conditions of Art. 16, include sealed goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery, as well as other situations provided by law. When such an exception is applicable, we will inform you clearly before the completion of the order.

You may use the model below if you wish to withdraw from the contract. Completing this form is optional.

— To [CLIENT: company/sole-trader name], [CLIENT: registered office/place of business address], e-mail [CLIENT: e-mail address]:

— I/We hereby give notice of my/our withdrawal from the contract of sale of the following products: ______________________________

— Ordered on / received on: ______________________________

— Name of consumer(s): ______________________________

— Address of consumer(s): ______________________________

— Signature of consumer(s) (only if this form is submitted on paper): ______________________________

— Date: ______________________________

Products returned as a result of exercising the right of withdrawal are sent to the address communicated by the trader for returns, within the 14-day period mentioned above. We recommend that you use appropriate packaging and a transport service that allows the shipment to be tracked, so that the product arrives in good condition.

After receiving and checking the returned product, we proceed to refund the amounts due, under the conditions described in the section on the right of withdrawal. If the value of the product has been diminished as a result of handling that exceeds what is necessary to establish its nature and characteristics, we may withhold from the amount to be refunded a value proportionate to the diminution established.

In the case of non-conforming products (with manufacturing defects or which do not match the description), no return costs are charged to you, and the remedies are those provided in the section on the legal guarantee of conformity.

The products benefit from the legal guarantee of conformity, under the conditions of Government Emergency Ordinance no. 140/2021 on certain aspects relating to contracts for the sale of goods (which transposed Directive (EU) 2019/771 and replaced Law no. 449/2003). The trader is liable to the consumer for any lack of conformity that exists at the time of delivery and that becomes apparent within 2 years of the delivery of the product.

For second-hand/reconditioned products, where applicable and with your consent expressed at the conclusion of the contract, the period of liability for lack of conformity may be reduced, without being shorter than the period provided by law. Any such aspect will be communicated to you clearly before purchase.

It is presumed that any lack of conformity that becomes apparent within 1 year of delivery existed at the time of delivery, unless the contrary is proved or unless the presumption is incompatible with the nature of the product or of the lack of conformity [Art. 12 of G.E.O. no. 140/2021].

In the event of a lack of conformity, you have the right, under the conditions of the law, to have the product brought into conformity by repair or replacement, free of charge and within a reasonable time; and, under the conditions provided by law (for example if the remedy is not possible or is not carried out within a reasonable time, or if the lack of conformity is sufficiently serious), to a proportionate reduction of the price or to the termination of the contract with the refund of the price. These rights are free of charge and are not conditional on the presentation of a fiscal receipt, proof of purchase by any means being sufficient.

The natural particularities of the materials (variations in shade, texture or pattern of the fur or leather) and normal wear and tear resulting from use do not constitute a lack of conformity. Improper care or use contrary to the care recommendations may affect this guarantee.

In addition to the legal guarantee of conformity, the trader may offer, in certain situations, a commercial guarantee covering the craftsmanship of the making or repair/restoration work. When such a guarantee is granted, its conditions (subject, duration, content, how to make use of it) are communicated to you in writing, on a durable medium; the commercial guarantee does not affect and does not replace the rights you have under the legal guarantee of conformity.

For repair and restoration services, the result depends on the initial condition and the nature of the piece brought by the customer; the work is carried out professionally, in accordance with the good practices of the craft, but, owing to the nature of reconditioned materials, an absolute aesthetic result cannot be guaranteed. The estimate, the estimated duration and the subject of the work are communicated to you before it begins, and the work is carried out only after your acceptance.

For repair/restoration and made-to-order services, the initial request (description, photographs, measurements) constitutes a request for a quote; an estimate becomes binding only after the concrete assessment of the piece or of the project and confirmation by the workshop. Any indicative estimates communicated online (including through the virtual assistant) are for information purposes and do not constitute a firm offer.

For work involving material orders or significant personalised craftsmanship, the workshop may request an advance, established and confirmed in writing, which is deducted from the final price. If you withdraw from the work after the start of the orders or operations expressly requested, the workshop may withhold from the advance the value of the costs already incurred (the craftsmanship performed, the materials ordered), refunding the difference. For products made to order/personalised, the exception to the right of withdrawal described above applies.

For the handover and collection of pieces brought in for repair/restoration, as well as for natural fur items, the transport conditions mentioned in the section on delivery apply, as the case may be, including handover/collection in the shop where transport by courier is not available.

The user is solely responsible for the accuracy, correctness, completeness and currency of the data they enter in the forms available on the website (order, contact, quote request), including the identification, delivery and billing data. The transmission of false or erroneous data, as well as the use of another person's data without their consent, is prohibited. Insofar as the performance or resolution of a request is not possible due to incorrect, incomplete or inaccurate data provided by the user, „Meșteșugarul Brăilean” cannot be held liable for the impossibility of contacting them, delivering the order or acting on the request concerned. We reserve the right not to process manifestly abusive, automated, repetitive requests or requests based on false data.

If you send us content (for example messages, photographs of a piece or reviews), you declare that you hold the rights over it and that you have obtained the necessary consents, including from any other person appearing in the images, and that the content complies with the applicable legislation; liability for the content submitted rests with the person who provided it. We reserve the right, without being obliged to, not to publish or to remove any content that does not comply with these conditions.

A user who breaches these Terms or the applicable legal provisions is liable, according to the law and to the extent permitted by it, for the real, direct and justified damage thus caused to the trader by their culpable act, including for the reasonable costs of remedy; this liability does not extend to indirect or indeterminable damage and does not arise where the damage is not attributable to them. This section concerns solely the consequences of the user's acts and does not in any way limit the trader's liability for its own act.

We make reasonable efforts to ensure that the information on the website is correct and current, but we do not guarantee that it is complete, accurate or permanently up to date. We do not guarantee the uninterrupted, error-free or permanently available operation of the website and we are not liable for temporary unavailability, interruptions, technical errors, loss of data or any harmful elements (for example viruses) arising from the use of the website.

We are not liable for the non-performance or late performance of obligations where this is due to a case of force majeure or a fortuitous event, within the meaning of Art. 1351 of the Civil Code — external, unforeseeable and unavoidable events, beyond our control (for example natural disasters, power or communications outages, failures of hosting, payment or courier providers, cyberattacks, restrictions imposed by authorities). For the duration of such an event, the performance of the affected obligations is suspended.

The trader reserves the right, at any time, to suspend, modify, limit or interrupt the functionality of the website, the online shop or the virtual assistant and to set and modify its operating hours. The trader may also restrict, suspend or block the access of any user in the event of a breach of these Terms or of the abusive use of the digital channels, without this giving rise to any claim.

The website may contain links to third-party sites or services (for example maps, social networks, review platforms, payment processors), offered for your convenience. We do not control and do not assume liability for the content, privacy policies or practices of these third-party sites; accessing them is at your own risk, the terms and policies of those operators being applicable.

No provision of these clauses limits liability in cases where the law prohibits such a limitation, including for harm to physical or mental integrity or to health, for death or for damage caused intentionally or through gross negligence, and does not remove the mandatory rights granted to the consumer by law.

If you have any dissatisfaction or complaint relating to our products, services or website, we encourage you to contact us first, in writing, at the contact details indicated on the website. We will examine the notification in good faith and communicate a response to you within a reasonable time, seeking an amicable resolution. We recommend that you keep proof of the communication.

As a consumer, if the dispute is not resolved directly, you can address the National Authority for Consumer Protection (ANPC) — www.anpc.ro — and, for the alternative resolution of disputes, the Directorate for Alternative Dispute Resolution within the ANPC, in accordance with Government Ordinance no. 38/2015. Applications for alternative dispute resolution can be submitted through the ANPC's SAL platform, accessible at reclamatiisal.anpc.ro.

We inform you that the European online dispute resolution platform (SOL/ODR) has been shut down and is no longer available; the SAL procedure through the ANPC is the applicable alternative, without prejudice to your right to address the courts.

These Terms and Conditions, as well as the other legal texts of the website, are drafted in Romanian — the reference language — and may also be made available in other languages (English, French, German, Spanish), as a translation. In the event of any discrepancy or conflict between the Romanian version and a translated version, the Romanian version prevails as the reference text. This rule concerns solely the interpretation of the texts and does not remove any information or any mandatory right provided by law in favour of the consumer, nor the legal information actually communicated in the language in which you accessed the website.

The fact that „Meșteșugarul Brăilean” does not exercise or delays exercising a right under these Terms does not constitute a waiver of that right and does not prevent its subsequent exercise.

If one or more of the provisions of these Terms are declared null or inapplicable by a competent court or authority, this circumstance does not affect the validity of the other provisions, which continue to produce effects and are interpreted, as the case may be, in the sense closest to the original intention, within the limits permitted by law.

These Terms and Conditions, as well as the use of the website and the contracts concluded through it, are governed by Romanian law. Any dispute is resolved amicably; failing a solution, jurisdiction belongs to the competent Romanian courts, without prejudice to the possibility of resorting to the alternative dispute resolution (SAL) procedure through the ANPC, nor to the mandatory rights granted to the consumer by law, including the rules on unfair terms (Law no. 193/2000).