Terms & Conditions

The present document, through its content, provides third–party users with the Regulation regarding the terms and conditions of use of the website https://www.mare.ro/
(hereinafter the “Site”), the conditions for selling Tickets and Memberships made available for purchase in the “Tickets” section: https://www.mare.ro/tshop
, as well as the conditions for selling Products made available for purchase in the “Shop” section: https://www.mare.ro/shop
(hereinafter the “Terms and Conditions”).
The Site is operated by the MARe Foundation (“MARe”), with its registered office in Bucharest, Bd. Primaverii no. 15, ground floor, office no. 1, District 1, registered in the Register of Associations and Foundations under no. 7/23.09.2014, having Fiscal Identification Code no. RO33753358.
The use of the Site (including access, browsing and purchase of products from this site) constitutes an implicit agreement to comply with the terms and conditions set out in this document, with all legal effects arising therefrom.
MARe reserves the right to modify at any time the content of this document, without prior notice to the persons using it, hereinafter referred to as the “Users”.
Users will have permanent access to the Terms and Conditions in order to consult them at any time. Users have the obligation to access and constantly check the content of this document; the applicable version is the one published on the Site at the date at which the User refers to it.
1.1. MARe/ Museum of Recent Art: the trade name of the MARe Foundation, with its registered office in Bucharest, Bd. Primaverii no. 15, ground floor, office no. 1, District 1, registered in the Register of Associations and Foundations under no. 7/23.09.2014, having Fiscal Identification Code no. 33753358;
1.2. SELLER: MARe;–
1.3. USER: any natural or legal person who has or obtains access to the Content of the Site or who wishes to register as a member on the Site by accessing it from any electronic device that allows this (desktop, laptop, tablet, mobile phone etc.);
1.4. ACCOUNT: the section of the Site that allows the User to register and create a dedicated account to make Product purchases easier, by entering a valid e-mail address and a password; the Account allows the Client to submit Orders and contains information about the Client and the purchase history on the Site (Orders, invoices, product warranties, etc.). The User is responsible for and will ensure that all information entered when creating the Account is correct, complete and up to date; the User has the option to cancel/delete the Account by accessing and following the steps indicated in the dedicated section of the Account.
1.5. CLIENT: a natural or legal person who creates an Account on the Site and places an Order. Mere access to the Site, without placing an Order, does not constitute a Contract and does not generate the legal effects of a Contract. The Client may also be a User, but the reverse is not necessarily true.
1.6. SITE: the domain https://www.mare.ro/
belonging to MARe, through which the User has access to information regarding the Museum’s activity, the Products offered by MARe, and can purchase the Products made available for sale by MARe;
1.7. MY CART – the section of the Account that allows the User/Client to select Products they wish to purchase either at the time of adding them or at a later time; if the Products are not purchased at the time of adding them by placing an Order, the User/Client will benefit from the Seller’s service of tracking Goods and Services by receiving Commercial Communications from the Seller.
1.8. ORDER / ORDER FORM: the electronic document generated as a result of a Client accessing the Site, by which the Client sends the Seller their intention to purchase Products from the Site. Viewing / Reserving a Product by accessing the Site and placing the Product in the Shopping Cart does not constitute an Order;
1.9. CONTRACT: the distance contract regarding the Products, concluded between the Seller and the Client, within a distance selling system organized by the Seller, without the simultaneous physical presence of the Seller and the Client up to and including the moment of conclusion of the Contract, in accordance with the provisions of EU Directive 2011/83 on consumer rights;
1.10. CONTENT: (a) all information on the Site that can be visited, viewed or otherwise accessed by using electronic equipment (PC, laptop, tablet, mobile phone etc.); (b) the content of any e-mail sent to Users or Clients by an employee or collaborator via electronic means and/or any other means of communication available; (c) any information communicated to the User or Client by any means by an employee or collaborator of MARe, according to the contact details provided by the User or Client; (d) information related to the Products and/or the prices/tariffs applied by MARe during a certain period; (e) information related to the Products and/or prices applied by a third party with whom MARe has partnership agreements, during a certain period; (f) data relating to MARe or other privileged data of MARe;
1.11. PRODUCTS: any products, including but not limited to: products made available for sale by MARe in the “Shop” section, tickets and/or memberships for access to the Museum, for participation in exhibitions and/or events organized in the Museum, made available for sale in the “Tickets” section, including the documents mentioned in the Order, to be provided to the Client by the Seller as a result of concluding the Contract;
1.12. CAMPAIGN: the action of commercially displaying a finite number of Products with a limited and predefined stock, for a limited period of time set by MARe;
1.13. NEWSLETTER/COMMERCIAL COMMUNICATIONS: the means of periodic information, exclusively electronic (e-mail, SMS), about the Products and/or promotions carried out by MARe during a certain period, without any contractual obligation on the part of MARe with regard to the information contained therein. Unsubscribing from the Newsletter/Commercial Communications is done by accessing the unsubscribe option included at the end of the Newsletter/Commercial Communications or by contacting MARe using the contact details in the “Contact” section. Unsubscribing from the Newsletter/Commercial Communications does not imply the withdrawal of the consent given for these Terms and Conditions;
1.14. REVIEW: a written evaluation by the User and/or the beneficiary of a Product, drafted based on their personal experience and their ability to make comments about MARe and the Products.
1.15. ABUSIVE USE: means the use of the Site in a manner contrary to industry practices, regulations and applicable law, or in any other way that may cause damage to MARe and/or its collaborators and/or other Users/Clients. Abusive use entails civil, administrative or criminal liability for the person(s) responsible. Abusive use includes, among others, the publication of obscene, defamatory, threatening or malicious reviews/messages towards MARe, its employees/collaborators or another User, as well as any materials or information prohibited by the applicable legal provisions.
1.16. BLOG: a section of the Site in which MARe initiates discussions and publishes materials on various topics, and in which Users may discuss those topics, the Site and the Products.
2.1. Access for placing an Order is permitted to any User/Client.
2.2. For justified reasons, MARe reserves the right to restrict the User’s/Client’s access to placing an Order and/or to some of the accepted payment methods, if it considers that, based on the User’s/Client’s conduct or activity on the Site, their actions could in any way prejudice MARe. In any such case, the User/Client may contact MARe using the address listed in the “Contact” section of the Site, in order to be informed about the reasons that led to the application of the aforementioned measures.
2.3. Communication with the Seller can be carried out through direct interaction or via the contact details mentioned in the “Contact” section of the Site. The Seller is free to manage the information received without being required to justify this.
2.4. MARe may publish on the Site information about Products and/or Campaigns, for a certain period of time and within the limit of available stock.
2.5. All prices for Products presented on the Site are expressed in Romanian lei (RON) and include VAT.
2.6. In the case of online payments, the Seller is not and cannot be held responsible for any other additional cost borne by the Client, including but not limited to currency conversion fees applied by the issuing bank of the Client’s card, if the card’s currency differs from RON. The Client is solely responsible for this action.
2.7. All information used to describe the Products available on the Site (static/dynamic images, multimedia presentations, etc.) does not represent a contractual obligation on the part of the Seller, being used exclusively for presentation purposes.
3.1. By placing an Order, the User/Client is deemed to have taken note of and agreed to the provisions of these Terms and Conditions and of the Privacy Policy. Placing the Order represents the Client’s express and unequivocal consent to conclude the Contract between MARe and the Client.
3.2. The Contract between the Client and MARe is concluded only under the following conditions:

The User/Client must be at least 18 years old to access the Gift Shop section; by accessing and browsing the Gift Shop section, the User/Client declares that they are at least 18 years old, MARe having no obligation to verify this information, and the continued use of the Gift Shop being carried out at the User’s/Client’s own risk and responsibility.

The Client accesses the web address https://www.mare.ro/
representing the Site;

The Client takes note of the provisions of the Terms and Conditions and the Privacy Policy and declares, by ticking the corresponding boxes, that they agree with the provisions of these documents;

The Client adds Products to the Shopping Cart, places the Product Order and fills in the delivery and contact details requested by the Order completion form. If the Client’s data changes before completion of the Contract, namely before payment/delivery of the Product, the Client is obliged to notify the Seller of this at the e-mail address: [email protected]
. The Contract is deemed concluded at the moment the Client places the Order by pressing the Place/Submit Order / Complete Order button.
3.3. If one or more of the Order data is incorrect, the Client will immediately inform MARe about this via [email protected]
/ +40769017872. By completing the Order, the Client agrees that all data they have provided, necessary for the purchase process, is correct, complete and true at the time of placing the Order.
3.4. If the ordered Products are available and delivery can be made, MARe will accept the Order and inform the Client of the Order confirmation by e-mail/SMS/phone, provided that all Order details are correct. The confirmation message/call will specify delivery details, including the approximate delivery time indicated by MARe. The Client will be informed by e-mail/SMS/phone if delivery is not possible.
3.5. The Seller may cancel the Order placed by the Client, after prior notification to the Client, without any subsequent obligation of either party towards the other and without either party being entitled to claim damages from the other, in the following cases:

non-acceptance/invalidity by the issuing bank of the Client’s card or of the transaction (payment order, bank transfer) in the case of online payment;

the data provided by the Client on the Site is incomplete and/or incorrect.
4.1. The price, payment method and payment term are specified in each Order. The Seller will issue an invoice to the Client for the delivered Products, and the Client is obliged to provide all necessary information for issuing the invoice in accordance with applicable legislation.
4.2. Payment for ordered Products and delivery can be made by the following methods:

In cash, at the time of delivery of the Products, by handing the amount of money to the person delivering the Products (Cash on Delivery). Card payment upon delivery may not be available at this time;
By bank card, when placing the Order, through the MobilPay platform.

5.1.

5.2.

5.3.

5.4.

5.5.

5.6.

5.7.

5.8.

5.9.

5.10.

5.11.

6.1.

6.2.

1. - if the Client does not benefit from Product replacement;
  - if the Seller does not take the replacement measure within 10 working days from the date of the Client’s written notification regarding the non-conformity of the delivered Products;

6.3. Any discrepancy between the Product information displayed on the site and the information received with the Product must be reported within 24 hours from receipt of the Product, to the e-mail address [email protected]
. Any complaint submitted after this deadline will not be taken into account.
6.4. The Client will be informed, using the contact details provided to the Seller, regarding the method of returning the non-conforming Product, together with the purchase invoice.
6.5. The Client understands and agrees that they are obliged to read and comply with the provisions contained in the Products’ instructions for use.
7.1. Any processing of personal data of the User/Client is carried out in accordance with applicable legal provisions, in the manner and by the means described in the Privacy Policy. https://www.mare.ro/politica-de-confidentialitate
.
7.2. The way in which the Site collects and uses cookies is described in the Cookies Policy. https://www.mare.ro/politica-cookies

8.1. The Client has the right to notify the Seller in writing that they withdraw from the purchase (right of withdrawal), without penalties and without giving any reason, at the latest within 14 days from the moment they receive the Product, provided it is in its original packaging, with label and seal intact; the Client must also return any gifts that accompanied the purchased Product. The right of withdrawal does not apply to Products excluded from the right of withdrawal under applicable law.
8.2. In addition, sealed audio or video recordings that have been unsealed after delivery, newspapers, periodicals and magazines, and digital content that is not delivered on a tangible medium are exempt from the right of withdrawal if the provision has begun with the consumer’s prior express consent and after the consumer has acknowledged that they will lose their right of withdrawal (e.g. e-book).
8.3. Books, CDs, DVDs, unique creations are products subject to copyright regulations. In their case, returns can be accepted only in situations of lack of conformity, not for reasons related to content or subjective judgments of taste and value.
8.4. For Products purchased from the “Tickets” section for certain events/exhibitions, including those in electronic format, the Client has the right to notify the Seller in writing that they withdraw from the purchase, without penalties and without giving any reason, at the latest 48 hours before the event/exhibition takes place.
8.5. For Products purchased from the “Tickets” section that allow the Client general access to the Museum on certain dates or for certain periods (e.g. general admission tickets, fixed-term memberships), the Client has the right to notify the Seller in writing that they withdraw from the purchase, without penalties and without giving any reason, at the latest within 14 days from the moment they receive the Product, including those received in electronic format.
8.6. Under these conditions, the Client must notify in writing, to the e-mail address [email protected]
, by phone at +40769017872, or via the withdrawal form available at the end of this document, their decision to withdraw from the purchase. The Client may also withdraw from the purchase at the time of delivery of the Product by refusing to accept it, in the case of Products delivered in physical format.
8.7. The Client bears only the direct costs related to transport and return of the Product, unless the Seller agrees to bear those costs or the Seller has failed to inform the Client that such costs are to be borne by the Client. The Client understands and agrees that, in the event of exercising the right of withdrawal, they bear the costs of transporting and returning the Product.
8.8. The Client may cancel the Product until the moment they are notified of the initiation of the delivery procedure, without penalties and without giving any reason, in writing, at the e-mail address [email protected]
, or later, subject to the timeframe and procedure for returns. If the Client wishes to purchase another Product, the ordering procedure must be repeated.
8.9. Reimbursement of the Product’s value will be made within a maximum of 30 days from the return, by bank transfer, to the bank account indicated by the Client in the Product return request.
8.10. Accordingly, the Client may not return the purchased Products and/or may not claim any damages/compensation in the following situations:

1. - when the Client wishes to replace the purchased Product with another Product with different specifications or of a different type;
  - when the Client has received the Order and signed the delivery documents referred to in Art. 4.3. and has allowed the time limits provided in this Chapter to elapse without requesting return of the Products;
  - when the request to return the Product by withdrawal from the purchase is made after the deadlines mentioned in this Chapter;
  - when the Product to be returned falls into the category of products excluded from return, in accordance with Art. 16 of EU Directive 2011/83 and Art. 16 of Government Ordinance 34/2014 on consumer rights;

8.11. In the case of replacement of the Product with an identical one, for justified reasons (such as: non-conformity at delivery, damaged packaging, missing seal), replacement will be made under the conditions and within the limits of a normal order; Products that present manufacturing defects or for which a lack of conformity is found (for example, books with missing pages, CDs/DVDs that cannot be used with the media devices indicated on the packaging) will be brought into conformity or replaced with similar ones. If neither of these options is possible, the Products will be returned and the amount paid will be refunded.
8.12. The Client is entitled to opt only once for the return/replacement of a Product under EU Directive 2011/83 and Government Ordinance 34/2014.
8.13. In all cases of Product returns as a result of withdrawal from the purchase, the return costs are borne by the Client. Repeated withdrawal from purchase may be considered abusive and may be sanctioned by blocking the Client’s access to place Orders and by refusing to sell additional Products.
9.1. Legal title to the Products ordered and delivered to the Client will not be transferred until the Seller has received all amounts due under these Terms and Conditions, directly or through its agents (courier company or partner banking institutions).

10.1. The Seller may assign and/or subcontract a third party for services related to fulfilling the Order, with prior information to the Client, without requiring the Client’s consent.
11.1. The entire content of the Site, including but not limited to text, logos, stylized representations, buttons, trademarks, static images, dynamic images, multimedia content, software and other data, collectively referred to as “Content,” as defined in the preamble, is and remains the property of MARe or of the suppliers and/or producers of the Products offered through the Site, and is protected by Law no. 8/1996 on copyright and related rights, as amended and supplemented, Law no. 84/1998 on trademarks and geographical indications, as amended and supplemented, and Law no. 129/1992 on industrial designs, republished, as well as by the Berne Convention and EU Directive 2019/790 on copyright and related rights in the Digital Single Market, and any other national and European provisions ensuring the protection of intellectual and copyright.
11.2. The User or Client is not permitted to copy, distribute, publish, transfer to themselves or to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any other context, include any Content outside the Site, remove copyright notices of MARe or its partners over the content, or participate in the transfer, sale, distribution of materials created by reproducing, modifying or displaying the Content, except with MARe’s express written consent.
11.3. Any use of the Content for purposes other than those expressly permitted by this document is prohibited. The Client understands and agrees that any use of the Content for purposes other than those allowed by this document constitutes a violation of applicable legal provisions and entails civil, administrative and/or criminal liability for the Client.
11.4. In the event any of the above actions are identified, the Client may contact MARe at: [email protected]
.

12.1. MARe will maintain the confidentiality of any information you provide. Disclosure of the information provided will only be made under the conditions described in these Terms and Conditions.
12.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Client regarding the Order/Contract without the Seller’s prior written consent.12.3. By sending information or materials via this Site, you grant the Seller unrestricted and irrevocable access to them, as well as the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, for its own interest, any information, ideas, concepts, know-how or techniques that you send via the Site. MARe will not be subject to any obligations regarding the confidentiality of the information sent, unless the applicable legislation provides otherwise.
13.1. Neither party will be held liable for partial or total non-performance or delayed performance of their contractual obligations when such non-performance or delay has been caused by a force majeure event or a fortuitous event, provided the conditions set out in Art. 1351 of the Civil Code are met.
13.2. The party invoking force majeure or a fortuitous event is obliged to inform the other party in writing within a maximum of five (5) days from the occurrence of the force majeure or fortuitous event and is obliged to take the necessary measures to limit its effects, provided such measures are not excessively costly.
13.3. The party invoking force majeure or a fortuitous event will also notify the other party of the cessation of the force majeure or fortuitous event within five (5) days of its cessation.
13.4. If the force majeure or fortuitous event lasts more than 15 calendar days, either party may terminate the Contract by written notice to the other party, without court intervention and without any obligation to pay damages in this case.
14.1. MARe declares that it holds all authorizations, approvals, qualifications and experience necessary for offering and delivering the Products for sale.
14.2. By placing the Order, the Client expresses their choice and trust in MARe and in the Products offered for sale by MARe.
14.3. In no case may the Site be used for purposes other than those mentioned in this document. The User/Client understands and agrees that they will not interfere in any way with the Site to make unauthorized changes/alterations. Any such interference constitutes a violation of applicable civil and criminal provisions, and the User/Client is fully liable for any damages caused.
14.4. MARe will constantly and correctly update on the Site the data regarding the Products and any other relevant information.
14.5. The User/Client understands that MARe has no obligation to verify, act upon or be liable for:

the correctness or truthfulness of the data declared by the User/Client accessing the Site and/or purchasing Products;
the content accessed by the User/Client via the Site;
the effect of the Products on the Client or on any other person using the Products;
the interpretation or use by the User/Client of the Site content and/or of the Products;
the actions taken by the User/Client as a result of accessing the Site content or using/consuming the Products;
the content or accuracy, copyright compliance, legality or decency of the materials/information found on links that direct to other websites from the Site.

14.6. The Site is made available to Users/Clients “as is”, “with all faults” and “as available”. MARe does not expressly or implicitly guarantee the Site or the Products. The Products offered do not benefit from and do not grant any warranties, including any warranties of merchantability, satisfactory quality, fitness for a particular purpose or need.
14.7. The User/Client understands that the offering of Products for sale and their delivery may be modified/terminated and understands that MARe is not liable for this.
14.8. MARe assumes no liability for interruptions in the operation of the Site for purposes of maintenance, improvements or keeping it in optimal working condition, nor for internet outages or other situations in which the Site cannot be accessed due to technical errors beyond MARe’s control.
14.9. MARe assumes no liability for any indirect, special or incidental damages resulting from the use of or inability to use the Site.
14.10. For the avoidance of doubt, MARe cannot be held liable for any indirect loss or damage (including but not limited to loss of profit, opportunities or reputational damage), damages of any kind, costs, expenses or claims for any kind of indirect compensation (caused in any way) that the Client or any third party may suffer as a result of or in connection with MARe’s performance of any of its obligations under the Order, nor for damages arising from the use of the Products after delivery, in particular for their loss.
14.11. By creating an Account and/or using the Content and/or placing Orders, the Client/User expressly and unequivocally accepts the Site’s Terms and Conditions in their latest updated version published on the Site as of the date of Account creation and/or Content use and/or Order placement.
14.12. By creating and using the Account, the User/Client assumes responsibility for maintaining the confidentiality of Account data (username and password) and for managing access to the Account and, to the extent permitted by applicable law, is responsible for all activity carried out through their Account.
14.13. MARe will not be liable for any loss suffered by the Client if such loss is caused by failure to comply with the Terms and Conditions set out on the Site.
15.1. The Contract is deemed to be concluded for an indefinite period, and the User/Client may cease using the Site at any time.
15.2. MARe reserves the right to immediately suspend or terminate a User’s/Client’s access to the Site at any time and without notice or other formalities (including without court intervention):

if it finds or has serious suspicions that the User/Client does not comply with the provisions of the Terms and Conditions and the Privacy Policy;
if the User/Client repeatedly demonstrates unserious behaviour, by making repeated cancellations or repeatedly returning Products (at least 3 times);

15.3. After termination of the Contract, the User understands that they may no longer use the Site and agrees not to attempt to do so.
XVI. APPLICABLE LAW AND DISPUTE RESOLUTION
16.1. The use of the Site, the placing of Orders, and the conclusion, performance and termination of the Contract are governed by Romanian law, supplemented where necessary by applicable European legislation.
16.2. Any dispute arising from the use of the Site will be settled amicably, documented in writing. If the parties fail to reach an agreement within a maximum of 60 days from initiation, the dispute will be finally resolved by the competent Romanian courts at the Seller’s registered office.
16.3. Users/Clients, in their capacity as consumers, may not waive their rights granted by law. Any contractual clauses that exclude or limit the rights granted by law to consumers will have no effect with respect to them.
17.1. ANY ATTEMPT TO ACCESS ANOTHER USER’S PERSONAL DATA OR TO MODIFY THE CONTENT OF THE SITE OR TO AFFECT THE PERFORMANCE OF THE SERVER ON WHICH THE SITE RUNS WILL BE CONSIDERED AN ATTEMPT TO DEFRAUD THE SITE AND WILL LEAD TO THE INITIATION OF CRIMINAL PROCEEDINGS AGAINST THE PERSON(S) WHO ATTEMPTED THIS.
WITHDRAWAL FORM
You have the right to withdraw from this contract, without giving any reason, within 14 days at the latest from the moment you receive the Product, provided it is in its original packaging, with intact label and seal, if the Product does not fall into a category excluded from return. The Product shall be accompanied by any gifts received together with the Product.
Sealed audio or video recordings that have been unsealed after delivery, newspapers, periodicals and magazines, and digital content not supplied on a tangible medium are also excluded from the right of withdrawal if the provision has begun with the consumer’s prior express consent and after the consumer has acknowledged that they will lose their right of withdrawal (e.g. e-book).
Books, CDs, DVDs and unique creations are products subject to copyright regulations. For these, returns can be accepted only in case of lack of conformity, not for reasons related to content or subjective judgments of taste and value.
For Products purchased from the “Tickets” section for certain events/exhibitions, including those in electronic format, you have the right of withdrawal, without penalties and without giving any reason, at the latest 48 hours before the event/exhibition takes place.
For Products purchased from the “Tickets” section that grant the Client general access to the Museum on certain dates or for certain periods (e.g. general admission tickets, fixed-term memberships), you have the right of withdrawal, without penalties and without giving any reason, at the latest within 14 days from the moment you receive the Product, including those received in electronic format.
Products that have manufacturing defects or for which a lack of conformity is found (for example, books with missing pages, CDs/DVDs that cannot be used with the media devices indicated on the packaging) will be brought into conformity or replaced with similar ones. If none of these options is possible, the Products will be returned and the amount paid will be refunded.
The withdrawal period expires after the expiry of the above-mentioned timeframe, for each situation separately.
To exercise your right of withdrawal, you must inform us by filling in this form and sending it to the e-mail address [email protected]
regarding your decision to withdraw from this contract, or by handing it over to the courier.
To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
This form should be sent completed only if you wish to withdraw from the contract.
To the MARe Foundation, with its registered office in Bucharest, Bd. Primaverii no. 15, ground floor, office no. 1, District 1, registered in the Register of Associations and Foundations under no. 7/23.09.2014, having Fiscal Identification Code no. 33753358, e-mail: [email protected]

The undersigned [here insert the Client’s name, postal address and, where applicable, telephone number, fax number and e-mail address]
I hereby inform you of my withdrawal from the contract for the sale of the following products: [here insert product details: name, product code,]
Reason for withdrawal____________________________________________________________________
Order number: __________________________
Ordered on: _________________ / received on: _________________
DATE SIGNATURE

Terms & Conditions

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