1. DEFINITIONS
The online store ATOMA is operated through the website atoma.ro (hereinafter referred to as the “Website”) by S.C. TOMA ARTIST S.R.L.
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
Seller – S.C. TOMA ARTIST S.R.L.;
Buyer – any individual, company, or other legal entity that accesses the Website and places an Order;
Goods and Services – any product or service displayed on the Website, including those specified in the Order or relating to the manner in which they are supplied by the Seller to the Buyer;
Specifications – all specifications and/or descriptions of the Goods and Services, including those provided in the Order;
Order – the electronic document that serves as a means of communication between the Seller and the Buyer, through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive them and pay the corresponding price;
Contract – the Order confirmed by the Seller.
By accessing and using the Website or purchasing any Goods or Services displayed on it, you acknowledge that you have read, understood, and accepted these Terms and Conditions, as well as the Privacy Policy, which forms an integral part of this document. You also agree to review these documents periodically. We encourage you to read them carefully.
2. CHANGES TO THE TERMS OF USE
The Seller reserves the right to modify these Terms and Conditions at any time, without prior notice or obligation to provide reasons for such changes.
Any amendments will become effective immediately upon publication of the updated version on the Website.
If you do not agree with the revised Terms and Conditions, you should discontinue your use of the Website. Continued access to or use of the Website, or the purchase of Goods and Services after such modifications have been published, constitutes your acceptance of the updated Terms and Conditions.
3. CONTRACTUAL DOCUMENTS
By placing an Order, the Buyer agrees to receive commercial communications from the Seller via email and/or telephone.
After an Order has been placed, the Buyer will receive an email and/or telephone confirmation acknowledging receipt of the Order and informing them that it is being processed by the Seller’s representatives.
This confirmation, together with any subsequent telephone conversations or other communications with the Seller’s representatives, does not constitute formal acceptance of the Order and does not create a distance sales contract.
The distance sales contract is considered concluded when the Seller sends the Buyer a shipping confirmation email, without requiring any acknowledgement of receipt from the Buyer. At that moment, the terms of the Order are deemed fully accepted.
The Buyer may cancel an Order before receiving the shipping confirmation by sending an email to contact@atoma.ro.
An Order will be considered cancelled only after the Buyer receives confirmation of the cancellation from the Seller by email and/or telephone.
4. INTELLECTUAL PROPERTY RIGHTS
All content available on atoma.ro, including but not limited to images, text, graphics, logos, web design elements, emails, scripts, software, and any other materials, is the exclusive property of S.C. TOMA ARTIST S.R.L. and is protected by Romanian copyright legislation (Law No. 8/1996) and applicable international intellectual property laws.
No content may be reproduced, copied, distributed, modified, published, transmitted, or used, in whole or in part, for the creation of derivative works without the Seller’s prior written consent.
Any use of the Website content for purposes other than personal, private, or non-commercial use is strictly prohibited.
If you believe that any copyright or intellectual property rights have been infringed, please contact us at contact@atoma.ro.
5. PROHIBITED CONDUCT
The following activities are strictly prohibited:
Copying, reproducing, reverse engineering, disassembling, creating derivative works from, or otherwise using the Website’s source code or any element of the Website, including but not limited to text, images, tables, specifications, layouts, or any other content.
Using the Website or its services for any purpose other than personal, individual, and non-commercial use.
Selling, renting, distributing, transmitting, sublicensing, or otherwise granting third parties access to the Website or its services.
Using the Website to invade the privacy of others, collect information about users, obtain user lists, or employ data mining, robots, automated scraping tools, or similar technologies to collect data.
Copying, modifying, deleting, damaging, or interfering with any information stored on the technical infrastructure used or controlled by the Seller, including but not limited to its servers and computer systems.
6. PRIVACY
S.C. TOMA ARTIST S.R.L. is committed to ensuring the security and confidentiality of the data stored and transmitted through its information systems.
Subject to the Customer’s prior consent, this information may be used by S.C. TOMA ARTIST S.R.L. to send order confirmations, special offers, promotional campaigns, newsletters, and other commercial communications.
Providing personal data to S.C. TOMA ARTIST S.R.L. is voluntary. Users may refuse to provide personal information at any time and may request its deletion from our database free of charge. Any such request must be dated, signed, and submitted by the registered individual via email to contact@atoma.ro.
Personal data will not be disclosed to third parties, except where necessary for marketing service providers acting on our behalf or when disclosure is required by competent public authorities in accordance with applicable law for the purpose of verifying commercial transactions or carrying out legally authorized investigations.
Due to the nature of electronic data transmission, S.C. TOMA ARTIST S.R.L. cannot be held liable for any unauthorized interception, loss, or copying of information by third parties using hardware or software designed for such purposes. If such incidents are reported, we will cooperate fully with the competent authorities and provide all necessary information to assist any investigation.
The information you provide is used solely for the purposes for which it was collected, including processing orders, responding to inquiries, communicating with customers, and managing newsletter subscriptions, in accordance with applicable legislation.
S.C. TOMA ARTIST S.R.L. does not sell, rent, or disclose your email address or other personal information to third parties without your explicit consent and does not encourage unsolicited commercial communications (spam).
Google Analytics
The Website uses Google Analytics to analyze how visitors use the Website.
Google Analytics uses cookies to collect standard internet log information and visitor behavior data. The information collected is anonymous and does not personally identify users.
Information generated by cookies regarding your use of atoma.ro (including your IP address) is transmitted to Google. This information is used to evaluate Website usage and to generate statistical reports on Website activity.
S.C. TOMA ARTIST S.R.L. does not use these statistics to identify individual users or associate IP addresses with specific individuals.
Google Analytics Remarketing
The Website also uses Google Analytics Remarketing to display online advertising.
Google may collect cookies from this Website in order to show advertisements that are more relevant to your interests based on the pages you have previously visited on atoma.ro.
Third-party vendors, including Google, may display our advertisements on websites across the Internet.
Both first-party cookies (such as Google Analytics cookies) and third-party cookies (such as DoubleClick cookies) may be used together to inform, optimize, and deliver advertisements based on your previous visits to our Website.
Your Rights
S.C. TOMA ARTIST S.R.L. complies with the provisions of the General Data Protection Regulation (EU) 2016/679 (GDPR), Law No. 365/2002 on Electronic Commerce, and all other applicable Romanian and European legislation regarding the processing of personal data and consumer protection.
Without limitation, you have the right to:
request, free of charge, confirmation as to whether your personal data is being processed;
request the correction, updating, restriction, or deletion of personal data processed unlawfully or inaccurately;
request that we cease processing your personal data where applicable;
object to receiving promotional or marketing communications at any time.
To exercise any of these rights, please send your request by email to: contact@atoma.ro
The Website implements appropriate technical and organizational security measures designed to protect the personal information under our control against unauthorized access, loss, alteration, misuse, or disclosure.
7. DELIVERY TIMES AND DELAYS
If the estimated delivery time or order fulfillment schedule cannot be met, the Seller will inform the Buyer of the revised estimated delivery date.
If the Seller receives incorrect or incomplete billing or shipping information from the Buyer, a new delivery timeframe will be established, which may extend the fulfillment period by up to 3 working days.
8. INVOICING AND PAYMENT
The price, payment method, and payment terms are specified in the Order.
The Seller will issue an invoice for the Goods and Services supplied. The Buyer is responsible for providing all information necessary for issuing the invoice in accordance with applicable legislation.
9. RISKS AND RESPONSIBILITIES
Delivery
The Seller undertakes to deliver the Goods and Services to the Buyer via door-to-door courier services provided by third-party courier companies.
Transportation and Packaging
Unless otherwise agreed by both the Seller and the Buyer, responsibility and risk associated with the Goods and Services transfer from the Seller at the moment the products are handed over to the courier company or to the Buyer’s authorized representative.
The Seller will ensure that all Goods and Services are properly packaged and accompanied by the necessary shipping documentation.
The Seller delivers throughout Romania and internationally.
10. ACCEPTANCE OF THE CONTRACT
The Goods and Services shall be deemed accepted if they conform to the technical specifications stated in the Order.
If the Buyer determines that the delivered Products or Services do not comply with the agreed specifications, the Seller will take the necessary steps to bring them into conformity.
In accordance with Government Emergency Ordinance No. 34/2014, Article 16, the right of withdrawal does not apply to products that are made according to the consumer’s specifications or are clearly personalized.
11. WARRANTY
All products sold through atoma.ro are covered by the statutory legal guarantee of conformity and by the commercial warranty policies provided by their respective manufacturers, where applicable.
All products are new and sourced from authorized suppliers.
12. TRANSFER OF OWNERSHIP
Ownership of the Goods and Services is transferred to the Buyer upon full payment and delivery to the address specified in the Order.
Delivery is deemed completed when:
the Buyer signs the courier’s proof of delivery; or
in the case of deliveries made directly by the Seller, the Buyer signs the accompanying invoice or delivery document.
For courier deliveries, the courier is not authorized to allow the Buyer to open the package before signing the delivery receipt and paying any outstanding amount. The package may only be opened after these formalities have been completed.
13. LIABILITY
The Seller shall not be liable for any direct, indirect, incidental, or consequential damages suffered by the Buyer or any third party as a result of fulfilling its obligations under the Order, nor for damages resulting from the use of the Goods and Services after delivery, including, but not limited to, product loss.
By placing an Order, the Buyer accepts full responsibility for the accuracy and legality of all files, documents, artwork, or other materials submitted.
The Seller shall not modify or alter any graphic files provided by the Buyer unless expressly instructed to do so.
The Seller remains responsible for ensuring that its subcontractors and business partners involved in fulfilling the Order comply with their contractual obligations.
14. FORCE MAJEURE
Neither party shall be held liable for failure to perform its contractual obligations if such failure results from an event of force majeure.
Force majeure refers to any unforeseeable event beyond the reasonable control of the parties that could not have been prevented or avoided.
15. MISCELLANEOUS PROVISIONS
The parties acknowledge that they act as independent contractors. Nothing contained in these Terms and Conditions shall be interpreted as creating a partnership, agency, joint venture, employment relationship, or any authority for either party to assume obligations on behalf of the other.
These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior oral or written agreements, understandings, negotiations, or representations.
Any amendment or modification to these Terms and Conditions shall be valid only if made in writing and signed by both parties.