Terms of service

TERMS OF SERVICE

Kat'Art – katart.eu

1. Who we are

The online store katart.eu is operated by Katart Ateliers S.R.L., registered office str. Horea nr. 2, Huedin, Cluj County, Romania, Trade Register no. J12/1329/2019, tax ID (CUI) 40846840.

The company is not registered for VAT purposes.

Contact:
– Email: office@katart.eu
– Phone and WhatsApp: +40 771 077 628

2. Scope

These Terms of service govern the use of the online store katart.eu and the orders placed by consumers.

Before completing your order, please read these terms, the Refund policy, the Shipping policy and the Privacy policy.

By placing an order, you confirm that you have read and accept the applicable contract terms, without prejudice to your statutory rights.

3. Products

3.1. Kat'Art jewelry and accessories are designed and made by hand, one by one, in our atelier in Huedin. For this reason, each piece may differ slightly from the product photos in:
– the shade and placement of the crystals and pearls;
– the composition of the mosaic: the crystals are set by hand, so no two pieces of the same design are identical.

These particularities are part of the unique character of each handmade piece and are not defects, insofar as the piece matches the design, dimensions, materials and characteristics described on the product page. This does not limit the legal guarantee of conformity.

3.2. Colours may look slightly different depending on the settings and characteristics of your screen.

3.3. The materials, dimensions and main characteristics of each product are shown on its product page.

3.4. Products may be available in three forms:

– In-stock products: pieces already made and ready to ship.
– Made-to-order products: designs from the Kat'Art collections, made after the order is placed, without individual design changes.
– Personalised products: pieces made to the customer's individual specifications or clearly personalised for the customer.

Making a product after the order is received does not, in itself, make it personalised within the meaning of the law on the right of withdrawal.

3.5. For personalised products, the individual characteristics, price and production time are communicated and confirmed before the order is accepted.

4. Prices

4.1. Prices are shown in Romanian lei (RON) for Romania and in euro (EUR) for other countries, depending on the selected market and the store settings.

Prices shown are the final prices you pay for the products; shipping costs are shown separately. Katart Ateliers S.R.L. is not registered for VAT purposes.

4.2. Shipping costs and any other applicable costs are shown before you complete your order.

4.3. If there is an obvious error in the price or characteristics of a product, we will inform you before your order is shipped and give you the option to confirm the order on the correct terms or to cancel it.

If you cancel the order, the amount paid is refunded in full.

Errors found after the contract is concluded are handled according to applicable law.

5. Order and conclusion of the contract

5.1. You place an order by selecting products, adding them to the cart and completing the checkout steps.

Before submitting your order, you can check the selected products, delivery details, total price and any additional costs.

5.2. After placing your order, you receive an email confirming it.

The sales contract is concluded when you receive the order confirmation email, which is the confirmation on a durable medium. For personalised products, the contract is concluded when we confirm in writing (by email) the agreed specifications, price and production time.

5.3. For personalised products, the individual specifications are agreed and confirmed before the order is finally accepted.

5.4. If, after the order has been confirmed, a product can no longer be delivered, we will inform you and refund in full any amount paid for that product.

5.5. Once concluded, the contract may only be changed or terminated as agreed and as provided by applicable law.

6. Payment

6.1. Payment is made by the methods available and shown at checkout.

6.2. Electronic payments are processed by the payment service providers used by the store.

Katart Ateliers S.R.L. does not directly store full payment card details.

6.3. Orders are processed according to the selected payment method and, where required, after the payment has been confirmed.

7. Delivery and transfer of risk

7.1. We deliver to Romania and to the European Union countries available at checkout.

Delivery options, costs and times are shown before you place your order, as described in the Shipping policy.

7.2. For made-to-order products, the production time is shown on the product page before you place your order. For personalised products, the time is communicated and confirmed before the order is accepted.

7.3. The risk of accidental loss of or damage to the product passes to the consumer when the consumer, or a person named by the consumer other than the carrier, takes physical possession of the product.

If the consumer instructs a carrier that was not offered by the seller, the risk passes when the product is handed over to that carrier, as provided by law.

7.4. Ownership is transferred in accordance with applicable law and the terms of the sales contract.

8. Right of withdrawal

8.1. For distance contracts, consumers generally have the right to withdraw within 14 days of receiving the product, without giving any reason.

8.2. The right of withdrawal applies both to in-stock products and to standard designs made after the order is received.

8.3. Under Art. 16(c) of Government Emergency Ordinance no. 34/2014, the right of withdrawal does not apply to products made to the consumer's specifications or clearly personalised.

This exception applies only to products that actually meet the legal conditions, not to all handmade or made-to-order products.

8.4. The withdrawal procedure, return times, refunds and the withdrawal form are described in the Refund policy.

8.5. Exceptions to the right of withdrawal do not affect the consumer's rights regarding non-conforming products.

9. Legal guarantee of conformity – 2 years

9.1. Products sold by Katart Ateliers S.R.L. are covered by the legal guarantee of conformity under Government Emergency Ordinance no. 140/2021.

We are liable for any lack of conformity that exists at delivery and becomes apparent within 2 years of delivery, as provided by law.

9.2. Normal wear resulting from use is not, in itself, a lack of conformity attributable to the seller.

Depending on the actual cause, the following may be damage resulting from improper use:

– scratches and damage caused by knocks, falls or pressure;
– damage to crystals or settings from external mechanical causes;
– damage to surfaces or finishes from contact with chemicals, perfumes, cosmetics, detergents, or improper exposure to water and heat;
– damage caused by improper interventions or repairs made by third parties.

Each case is assessed individually, taking into account the characteristics of the product, its normal use and the applicable law.

These provisions do not exclude liability for defects in manufacturing, setting or fixing, or for any other lack of conformity covered by law.

9.3. To preserve the look and durability of your jewelry, we recommend following the instructions on the "Jewelry care" page.

9.4. In case of a lack of conformity, the consumer may ask for the product to be repaired or replaced, unless the chosen remedy is impossible or would involve disproportionate costs, as provided by law.

In the cases provided by applicable law, the consumer may be entitled to a proportionate price reduction or to terminate the contract.

If a lack of conformity is identified within 30 calendar days of delivery, the consumer is entitled to replacement in accordance with Article 11(7) of Romanian Government Emergency Ordinance No. 140/2021.

9.5. Repair or replacement is carried out free of charge for the consumer, within a reasonable period that may not exceed 15 calendar days from when the seller is informed, as agreed in writing, according to the law.

9.6. To report a lack of conformity, contact us at office@katart.eu.

Please give us your order number and, if possible, send photos of the product to help us identify and assess the situation. Not sending photos does not cancel the consumer's statutory rights.

The costs of bringing the product into conformity, including shipping, are borne by the seller, as provided by law.

9.7. These provisions do not limit or replace the consumer's statutory rights.

10. Intellectual property

The original product designs, photographs, texts, graphic elements and distinctive signs used on katart.eu are protected by applicable intellectual property law, to the extent they meet the legal conditions for protection.

The rights belong to Katart Ateliers S.R.L. or to the respective right holders.

Unauthorised reproduction, distribution or use of protected content is prohibited, except as permitted by law.

11. Complaints and dispute resolution

11.1. For questions, complaints or reports, contact us at office@katart.eu.

We undertake to reply to complaints within 14 calendar days of receiving them, without prejudice to the legal deadlines for resolving a lack of conformity.

11.2. If we cannot resolve a complaint amicably, the consumer may contact the Romanian National Authority for Consumer Protection (ANPC):

www.anpc.ro

The consumer may also use the available alternative dispute resolution (SAL) mechanisms, under the applicable legal conditions:

reclamatiisal.anpc.ro

11.3. These options do not limit the consumer's right to go to the competent courts.

12. Governing law and jurisdiction

These Terms of service are governed by Romanian law.

This choice does not deprive consumers of the protection given by the mandatory provisions of the law of the country where they habitually reside, where the rules of private international law provide for such protection.

Any disputes are settled by the competent courts, in accordance with national law and the applicable rules of the European Union.

13. Changes

Katart Ateliers S.R.L. may update these Terms of service to reflect legal, commercial or operational changes.

Each order is governed by the version of the contract terms in force when the contract is concluded, subject to mandatory legal provisions.