TERMS AND CONDITIONS

12HOUSECONCEPTS by ION EREMCIUC ARCHITECTS

https://www.12hc.ro/

1. INTRODUCTION

This document terms and conditions ("Terms and conditions")define your rights and obligations and those of the limited liability company ION EREMCIUC ARCHITECTS SRL, with registered office in Jud. Cluj, Municipality of Cluj-Napoca, Str. Taietura Turcului nr. 23, Floor 4+5, Apartment 15 and secondary headquarters in Jud. Cluj, Municipality of Cluj-Napoca, Str. Salcamului 37, no. of order in the Trade Register J12/315/2017, unique registration code RO32145867, represented by administrator Ion Eremciuc, e-mail address contact@12hc.ro, phone number +40 748 942 463 ("The Company", "we" or "12HOUSECONCEPTS", as the case may be), in the context of using the website https://www.12hc.ro/ (“Website”) and the purchase of 12HOUSECONCEPTS products and services.

ION EREMCIUC ARCHITECTS is an architecture office that offers you the 12 HOUSE CONCEPTS online store, accessible at the web address https://www.12hc.ro/, through which they sell architectural concepts/sketches consisting of unique, ergonomic, exclusive house models - creations of the architecture studio ION EREMCIUC ARCHITECTS. our concepts/sketches correspond to current customer trends, solving both the need for functionality and beauty. At the same time, our clients will enjoy efficient communication and gain precious time, compared to a traditional collaboration with an architecture office.

12 HOUSE CONCEPTS is an online store of digital products and complementary services owned by the Company. The online store is aimed at both natural and legal customers, such as real estate developers, agencies, construction companies.

Please read this Terms and Conditions document carefully, as it applies when you use the website https://www.12hc.ro/, as well as when you purchase digital products and complementary services marketed by 12 HOUSE CONCEPTS. This Terms and Conditions document may be supplemented by other contracts between the Company and you, as the case may be.

By using the Website, you agree that you have read and accepted Terms and Conditions with respect to these terms of use of the Website, whether or not you have created a User Account (defined below) on the Website.

By checking the box relating to these Terms and Conditions prior to using 12 HOUSE CONCEPTS, including but not limited to placing an order for a digital product or service, you agree that you have read, understood and agree to be bound by these Terms and conditions.

At the same time, by ticking the box to accept these Terms and Conditions on the Website, before placing the order, the Buyer gives his consent to the start of the provision of 12 HOUSE CONCEPTS services and confirms that he is aware of the fact that he will lose his right of withdrawal.

If you do not agree with these Terms and Conditions, you have the option not to use the Website, not to purchase 12 HOUSE CONCEPTS products and services, and not to check the acceptance of the Terms and Conditions before using 12 HOUSE CONCEPTS. Under these conditions, if you do not agree to the Terms and Conditions, we will not be able to sell Products and provide Services to you.

For aspects regarding the protection of personal data please readPrivacy policy. 

2. DEFINITIONS

Website: the website https://www.12hc.ro/.

Visitor: the Website visitor who has not created a User Account.

User: natural or legal person who created a User Account on the Website.

User Account: the account that any natural or legal person can create on the website https://www.12hc.ro/, by registering certain user data, for the purpose of purchasing digital products and complementary services offered by 12 HOUSE CONCEPTS.

Seller: the company ION EREMCIUC ARCHITECTS SRL having the identification data mentioned in point 1.

Buyer: natural person of full legal capacity or legal entity placing an Order.

Consumer: any natural person acting for purposes outside his commercial, industrial, craft or professional activity.

Order: the Buyer's request to purchase products/services offered by 12 HOUSE CONCEPTS, through the User Account.

Contract: this Terms and Conditions document, which represents a distance contract and is considered concluded between you and 12 HOUSE CONCEPTS at the time of confirmation of the Order by 12 HOUSE CONCEPTS, without any other formality.

Delivery: the delivery of the Products/Services is carried out in digital/electronic format, through the e-mail address entered in the User Account or through other electronic means described on the Website, as described in point 3 below.

Product/Service: digital products and complementary services, namely house concepts/models, architectural projects, consulting services, as presented on the website https://www.12hc.ro/. Please read carefully the description of the products and services in the section dedicated to each Product/Service before placing an Order.

3. PURCHASE OF 12 HOUSE CONCEPTS PRODUCTS AND SERVICES

In order to purchase Products/Services marketed by 12 HOUSE CONCEPTS, it is necessary to create a User Account on the Website and place an Order through the User Account.

The Buyer has the opportunity to identify and correct the errors that occurred when entering the data in the relevant sections of the User Account, until the date of confirmation of the order by the Seller. After confirmation of the Order by the Seller, for error correction please contact the Seller by e-mail contact@12hc.ro to check if this is still possible.

If for any reason you are not satisfied with your Order, please contact us by email contact@12hc.ro or telephone +40 748 942 463. You will need to state your Order number, the email address you have registered with and details of the problem with your Order.

3.1. Description of Products and Services

We always endeavor to ensure that each Product/Service on the Website is displayed accurately and that the prices are correct. However, there may occasionally be slight variations in color, typography and layout.

The presentation of digital Products will be made in the form of rendering, description, video. Before placing an Order, the Buyer will ensure that it has the technical means to access and use the Digital Product (the required digital format), as will be mentioned in the description.

3.2. Placing your Order

Through the User Account, you have the possibility to place an Order, following the steps described on the Website and pressing the order confirmation button ("Checkout"), at the end of the payment process. By confirming your Order and pressing Checkout, you agree to purchase the Product/Service you have selected.

Within a maximum of one (1) working day from receiving the Order, the Seller will confirm your Order through the e-mail entered in the User Account, namely you will receive an Order confirmation e-mail, "Thank you for your order you." detailing your Order and other information we must provide to you. Both the individual price per Product/Service and the total price, along with the payment term and method, are mentioned in the Order.

The Seller will issue an invoice to the Buyer for the Product/Service ordered and send it to him by e-mail. The buyer has the obligation to provide through the User Account all the information necessary to issue the invoice according to the legislation in force.

We will contact you if more information is required to accept the Order.

If the Seller will confirm the order via the email entered in the User Account, this Sales Agreement between you and 12 HOUSE CONCEPTS, accessible at any time through the website, is considered concluded https://www.12hc.ro/, the Terms and Conditions section. This Agreement will be concluded in Romanian and/or English.

3.3. Order cancellation and right of withdrawal

3.3.1. The consumer will not be able to cancel the Order and will not benefit from a right of withdrawal from the Contract in the following cases:

a) In the case of digital Products/Services, if the execution of the Contract has begun and under the conditions in which:

• The consumer has given his express prior consent for the start of Delivery/execution during the withdrawal period, by ticking on the Website to accept these Terms and Conditions;

• The consumer has confirmed that he has become aware of the fact that he will lose his right of withdrawal as a result;

• 12 HOUSE CONCEPTS has provided confirmation of the conclusion of the Contract, in accordance with point 3.2. above.

Therefore, by placing an Order for a digital Product/Service and by accepting the Terms and Conditions, the Consumer expressly expresses his agreement to start the Delivery/execution of the Contract and confirms that he has become aware that he loses the right to withdraw from the Contract.

• If 12 HOUSE CONCEPTS has fully provided the Service to the Consumer.

• In the case of the provision of Products and Services made according to the specifications presented by the Consumer or clearly customized.

3.3.2. In all cases where the Consumer does not benefit from a right of withdrawal, the amounts paid are not refunded.

• 3.3.3. If none of the cases mentioned in point 3.3.1. above does not apply, the Consumer will benefit from a right of withdrawal as follows:

• The consumer can withdraw from the Contract within 14 days from the date of conclusion of the Contract, if he has not received the confirmation of the order and/or the ordered products and services.

• Before the expiry of the withdrawal period, the Consumer informs 12 HOUSE CONCEPTS about his decision to withdraw from the Contract, stating the reason. For this purpose, the Consumer can choose one of the following options:

• to send us an e-mail on contact@12hc.ro with the following completed withdrawal form provided herein;

      Sample Withdrawal Form

     This form is returned completed only if you wish to withdraw from the contract.

     - To ION EREMCIUC ARCHITECTS SRL, Jud. Cluj, Municipality of Cluj-Napoca, Str. Tăietura Turcului, No. 23, Floor 4+5, Apartment 15, contact@12hc.ro:

     -I hereby inform you of my withdrawal from the contract of sale the following goods (*)/ the provision of the following services (*)

     - Ordered on (*)/Received on (*): (__)

     - Consumer Name: (__)

     - Consumer address: (__)

     - Signature of the consumer (only if this form is served on paper): (__ )

     - Date: (__)

(*) To eliminate the unnecessary mention, as appropriate.

• If applicable, in case of withdrawal from the Contract, 12 HOUSE CONCEPTS reimburses the Consumer all the sums it received as payment from the Consumer, without undue delay and, in any case, no later than 14 days from the date on which it is informed by the Consumer's decision to withdraw from the Contract.

• If applicable, in case of withdrawal from the Contract, the Consumer refrains from using the digital content or digital service and from making it available to third parties.

3.3.4. The other Buyers, other than the Consumers, do not benefit from the right of withdrawal from the Contract.

3.3.5. In exceptional cases, we may reject an Order for the following reasons:

• if we cannot obtain authorization for your payment, for various reasons, such as the bank's refusal to authorize the transaction, insufficient funds, etc.;

• the data entered is incorrect;

• if there has been a relevant error regarding the pricing or description of the Product;

• if your Order violates any of the requirements of these Terms and Conditions.

3.3.6. If your Order is canceled after we have processed payment from you, but before Delivery, we will refund the amounts paid to you.

3.3.7. The refund will be made through the same method used by the Buyer for the initial payment, unless the Seller accepts another method.

3.4. Pricing and Payment

The prices of the Products and Services, as well as the specification of the exemption, inclusion or non-inclusion of value added tax (VAT), as well as its amount, will be displayed in the presentation section of each Product/Service on the Website, respectively communicated to the Buyer at the time of completing the Order, at the time of Checkout.

Payment for the Products and Services ordered will be made in LEI, at the exchange rate displayed by the National Bank of Romania on the day of payment, by bank card, using the online payment services available on the Website, provided by an authorized payment service provider.

There are no delivery charges, as the Products/Services will be delivered in digital/electronic format, unless otherwise stated on the Website.

The buyer bears any bank fees related to payment by bank card.

When you provide payment information, you represent and warrant that such information is accurate, that you have permission to use the payment method specified, and that you will notify us of any changes to your payment information.

Prices may be updated at any time and updated prices will be displayed in place of previous prices.

3.5. Delivery

The delivery will be made after the payment of the price by the method described.

The Products will be delivered via the e-mail entered in the User Account or by download from the User Account, within a maximum of one (1) working day from the date of confirmation of the order by the Seller, unless the Buyer opt for another delivery date.

When you order multiple products as part of the same order, 12 HOUSE CONCEPTS will inform you on screen if they will (or can) be shipped within the same time frame or as part of the same delivery.

The provision of the Services will be carried out by any means of remote communication agreed with the Buyer, as they will be mentioned in the description of the Service, and within the term mentioned in the description of the Service.

4. WARRANTIES

Regarding the purchased Digital Products, 12 HOUSE CONCEPTS guarantees the following to the Buyer:

• They comply with the description, quality and have the functionality and other features provided in the relevant description on the website https://www.12hc.ro/.

If the Buyer finds that any feature is missing within 5 (five) years from the date of Delivery, the Buyer will send a notification to 12 HOUSE CONCEPTS by e-mail contact@12hc.ro with the description of the non-conformity.

12 HOUSE CONCEPTS will rectify and resend the modified product to the Buyer within 5 (five) working days after receiving the notification from the Buyer.

• Comply with legal building requirements.

• They correspond to the specific purpose: use for informational purposes or to start the preparation of the technical execution documentation, and in certain cases - for advertising purposes and/or for the purpose of obtaining the Urban Planning Certificate (Premium package).

In case of non-compliance, the Consumer has the right to bring the Product into compliance, to a proportional price reduction or to terminate the Contract, in accordance with the provisions of Government Emergency Ordinance no. 141/2021 regarding certain aspects related to contracts for the provision of digital content and digital services.

5. CONSUMER RIGHTS

Consumers have the following main rights:

• The right to be provided with the Product/Service purchased under the terms of this Terms and Conditions contract, according to the description on the Website or according to other terms agreed between the Consumer and 12 HOUSE CONCEPTS.

• The right to terminate the Contract if 12 HOUSE CONCEPTS does not provide the Product/Service after purchase within the agreed term, through a statement to 12 HOUSE CONCEPTS expressing its decision to terminate the Contract. The contract ends on the date the Consumer submits the statement to 12 HOUSE CONCEPTS.

• Any other rights provided by the legislation in force.

6. 12 HOUSE CONCEPTS' OBLIGATIONS

12 HOUSE CONCEPTS has the following obligations:

• To replace the supplied Digital Product if the file is damaged and cannot be accessed by the Buyer.

• If applicable under these Terms and Conditions, 12 HOUSE CONCEPTS shall refund to the Buyer all sums paid under the contract, if the contract is terminated, which refund shall take place within 14 days of the date on which 12 HOUSE CONCEPTS is informed of on the Buyer's decision to invoke its right to terminate the contract, without any reimbursement fees.

• 12 HOUSE CONCEPTS will provide updates, including security updates, that are necessary to maintain the compliance of the Digital Products and Complementary Services during the period in which:

• they must be supplied according to the contract concluded with us, when the contract provides for continuous supply during a certain period;

respectively

• from the moment the Order is confirmed by the Seller until Delivery.

7. INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights consist of copyright and industrial property rights over brands (such as the 12 HOUSE CONCEPTS brand), trade names, companies and the like owned by ION EREMCIUC ARCHITECTS SRL and are the exclusive property of ION EREMCIUC ARCHITECTS SRL

House concepts/models, architectural designs, any form of expression of consulting services, renderings, presentation videos, descriptive texts, photos, images, blog articles, as well as any other works in the field are protected by copyright artistic, literary and scientific, regardless of the mode and form of expression, as they are presented on the Website or delivered to the Buyers.

By visiting, using the Website, respectively by purchasing 12 HOUSE CONCEPTS Products and Services, ION EREMCIUC ARCHITECTS SRL does not assign copyright or industrial property rights to Visitors, Users or Buyers, without prejudice to the provisions of the non-exclusive License for the use of rights by author 12 HOUSE CONCEPTS.

Visitors, Users and Buyers undertake not to use in their activity any sign, logo, name similar or identical to the brands, trade names of 12 HOUSE CONCEPTS Products, except for personal use, respectively use according to License to use Products/Services by Buyers. 

Disclosure, directly or indirectly, copying in any form and by any means, making any sound or visual recording, commercialization and any uses not permitted by law of the intellectual property belonging to ION EREMCIUC ARCHITECTS SRL, without the prior express written consent provided by ION EREMCIUC ARCHITECTS SRL, are prohibited.

In certain cases, the music, images, photos used on the Website are the intellectual property of other people, over which we hold usage rights.

In any case, you have an obligation to respect intellectual property rights.

Please see the 12 HOUSE CONCEPTS Non-Exclusive Copyright Use License for additional details for Buyers.

Violation of intellectual property attracts civil and criminal liability, according to the law.

8. USER ACCOUNT SECURITY

You must not share the username and password with which you register on the Website with anyone else. Make sure your username and password are safe at all times.

In the event that illegal activities, contrary to good morals or contrary to the Terms and Conditions will be undertaken/carried out through your User Account and it turns out that the author is a person to whom you have provided access data to the User Account, you will be responsible jointly with the person who performed the respective actions.

If you forget your password, you can reset it. Upon requesting a password reset, an email will be sent to the email address on file with your Account containing a password reset link. You will then be able to access your Account and create a new password. We remind you that you are solely responsible for keeping your password and any other identifying information confidential.

9. LIMITATION OF LIABILITY

12HOUSECONCEPTS is exempt from liability in the following cases:

• When the Buyer notices the non-conformity of the purchased Product/Service due to the fact that the Buyer's digital environment is not compatible with the technical requirements of the Product/Service, as described in the presentation.

• If, for any reason, the Website is unavailable at any time or for any period.

• Notwithstanding the statutory warranty of conformity, 12 HOUSE CONCEPTS shall not be liable if the Products/Services fail to meet your requirements or expectations.

• In the event of any problems inherent in the use of the Internet and electronic communications or in the event of any security incident regarding the User Account.

• Without prejudice to consumer rights under applicable law, 12HOUSECONCEPTS shall not be liable for any type of damage, direct or indirect, including loss of profit, nor for delays or malfunctions of the Products due to causes beyond our control.

10. USE OF THE WEBSITE

Users of the Website agree not to use the Website, directly or indirectly, for illegal purposes, which contravene good morals or these Terms and Conditions.

We may ban or prevent a User Account, User, email address or other identifier from shopping or otherwise interacting with us if we reasonably suspect fraud or other violations of the law.

11. FORCE MAJEURE

Force majeure exempts you or 12 HOUSE CONCEPTS, if notified in writing within 5 (five) days of its occurrence, to the extent that the party invoking a case of force majeure cannot fulfill its obligations. If the force majeure event does not end within 15 (fifteen) days from the date it occurred, the parties will discuss and establish the conditions for further execution or termination of the contractual relationship.

If the circumstances of the case of force majeure last more than 6 (six) months, each of the parties has the right to terminate the contractual relationship, notifying the other party accordingly.

Force majeure means all forces of nature, war (declared or undeclared), invasion, revolution, insurrection, strikes, pandemic, internet or telecommunications failures, legal requirements or imposed restrictions and any factors beyond the control of the parties.

12. PARTIAL NULLITY

If any provision of these Terms and Conditions is found to be illegal or unenforceable, such finding will not invalidate or render impossible the enforcement of these Terms and Conditions. Rather, the remainder of the Terms and Conditions will remain in full force and effect, and that provision will be deemed modified to the extent necessary to make such provision or the remainder of the Terms and Conditions enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the greatest extent permissible the intent of the parties set forth in the original Terms and Conditions.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

This Terms and Conditions document is governed by and interpreted in accordance with the laws of Romania.

Any complaint shall be addressed to 12 HOUSE CONCEPTS at the following email address: contact@12hc.ro, indicating the contact details of the complaining person and will include a detailed description that will allow us to analyze and resolve the complaint. You will receive a response to any complaint/address within a maximum of 30 (thirty) days, depending on the nature and complexity.

Disputes between 12 HOUSE CONCEPTS and Buyers will be settled amicably.

If the parties cannot resolve the dispute within 30 (thirty) days of its occurrence, the interested party may file an action with the competent Romanian court.

We also inform you that you have the possibility to use the SOL (online dispute resolution) platform displayed on the Website or to file a complaint with the National Authority for Consumer Protection (ANPC) to resolve your complaints, if be the case.

14. CHANGES TO TERMS AND CONDITIONS

12 HOUSE CONCEPTS reserves the right to update or modify the Terms and Conditions at any time, without prior notice, whenever this is required by mandatory legal provisions, and such modifications will enter into force immediately after their publication on the Website.

In any other cases, 12 HOUSE CONCEPTS will be able to modify the Terms and Conditions, with prior notice published on the Website 5 days before the modification enters into force.

 

Last update on: 12.20.2022