Terms and Conditions

(Effective from April 2, 2025)

1. INTRODUCTION

This page (together with the documents expressly referred to herein) contains information about Artera and the legal terms and conditions (“Terms”) that govern the sale of artworks (“Products”) listed on our online platform accessible at [www.artera.md] (“Platform”).

These Terms apply to any contract (“Contract”) for the purchase of Products through the Platform. When purchasing Products from Artera, the transaction is made directly with Artera.

Please read these Terms carefully before placing an order on the Platform. By placing an order, you confirm that you have read and agree to these Terms and Conditions, in accordance with Law No. 284/2004 on Electronic Commerce. The relationship between the customer and the seller is governed by Law No. 105/2003 on Consumer Protection and other normative acts adopted in accordance with it. If you do not accept these Terms, you will not be able to purchase Products from the Platform.

We recommend saving or printing these Terms for future reference. Artera reserves the right to amend these Terms in accordance with Clause 7 of Part A. Please review the Terms each time you wish to place an order to ensure that you understand the applicable rules.

These Terms are drafted in Romanian and all Contracts between us and users are governed by them.

PART A – GENERAL TERMS

1. INFORMATION ABOUT ARTERA

1.1. The Artera platform and trademark are owned by “ADARA LEILANI” SRL, a company registered in the Republic of Moldova, IDNO: 1025600009304 , with its registered office located at: Chișinău, Maria Drăgan street, 38/2, 138, and operating in accordance with the laws in force in the Republic of Moldova.

1.2. To contact us, please visit the “Contact” page on the Platform or email us at info@artera.md.

1.3. Artera facilitates the sale of artworks between buyers and authors by organizing limited-time sales campaigns for selected products.

2. PRODUCTS

2.1. Product images presented on the Platform are for illustrative purposes only. While we make every effort to display colors accurately, we cannot guarantee that your screen’s display reflects the exact color of the products.

2.2. Product packaging may differ from the images displayed on the Platform.

2.3. Product availability: All products displayed on the Platform are subject to availability. If a product you ordered is no longer available, we will notify you by email as soon as possible and will not process that order.

3. USE OF THE PLATFORM

3.1. Your use of the Platform is governed by these Terms. Please read them carefully as they include important clauses that apply to you.

4. PERSONAL DATA PROCESSING

4.1. Artera uses your personal data in accordance with our Privacy Policy, which we encourage you to read in order to understand how your information is managed.

5. BUYERS – RIGHTS AND OBLIGATIONS

This section applies if you are a private individual (“Consumer”).

5.1. To purchase products on Artera, you must be at least 18 years old.

5.2. By accepting these Terms, you confirm that any information provided during the registration process is accurate and up to date.

5.3. If the received products are defective or do not match the description on the Platform, the Consumer has legal rights of return. These rights are not affected by these Terms and Conditions.

6. BUSINESS CUSTOMERS

This section applies if you are purchasing products on behalf of a company (“Business Client”).

6.1. By placing an order on behalf of a company, you confirm that you have the legal authority to bind the company to this contract.

6.2. These Terms, together with any documents expressly referred to in them, constitute the entire agreement between Artera and the Business Client.

7. AMENDMENT OF TERMS

7.1. Artera may revise these Terms under the following circumstances:

• Changes to accepted payment methods;

• Operational changes to our business;

• Legal or regulatory requirements.

7.2. The version of the Terms in force at the time you place your order will apply to that Contract.

7.3. Any changes to the Terms will be notified by updating this page and indicating the date of the last modification.

8. LIMITATION OF LIABILITY (FOR BUSINESS CLIENTS)

8.1. Nothing in these Terms excludes or limits Artera’s liability for:

• Death or personal injury caused by our negligence;

• Fraud or fraudulent misrepresentation;

• Sale of defective products as governed by the applicable legislation of the Republic of Moldova.

8.2. Subject to Clause 8.1, Artera shall not be liable for any losses incurred by the Business Client, including but not limited to:

• Loss of profits, income, or business opportunities;

• Loss or corruption of data, information, or software;

• Any indirect or consequential loss.

8.3. Artera makes no express or implied warranties regarding the suitability of the Products for any commercial or personal purpose, to the extent permitted by applicable law.

9. OUR LIABILITY TOWARDS CONSUMERS

9.1. If Artera fails to comply with these Terms, our liability is limited to foreseeable losses or damages caused by such non-compliance or negligence.

9.2. Artera provides Products exclusively for personal, non-commercial use. Buyers agree not to use the Products for resale or commercial purposes.

9.3. Nothing in these Terms excludes Artera’s liability for:

• Death or personal injury caused by our negligence;

• Fraud or fraudulent misrepresentation;

• Any breach of consumer rights guaranteed by the laws of the Republic of Moldova.

10. FORCE MAJEURE

10.1. Artera is not liable for delays or failure to perform contractual obligations due to force majeure events, including but not limited to:

• Labor disputes, strikes, terrorism, war;

• Natural disasters, fires, floods, earthquakes;

• Power outages, telecommunication infrastructure failures.

10.2. If a force majeure event affects the delivery of a product:

• You will be contacted as soon as possible;

• Delivery will be rescheduled after the force majeure situation ends.

11. COMMUNICATION BETWEEN PARTIES

11.1. All communications between Artera and users shall be made in writing (via email).

11.2. For any contractual matters, you may contact us at: info@artera.md.

11.3. Artera will consider notices received as valid:

• By email – 24 hours after being sent;

• By post – 3 working days from dispatch.

12. FINAL CLAUSES

12.1. Artera reserves the right to transfer its rights and obligations under this contract to another legal entity, with prior notification to users.

12.2. Users may not transfer their rights or obligations to third parties without Artera’s written consent.

12.3. If any provision of these Terms is deemed unlawful or unenforceable by a court, the remaining provisions will remain in effect.

12.4. Failure by Artera to enforce any part of these Terms shall not constitute a waiver of its rights.

12.5. These Terms are governed by the laws of the Republic of Moldova. Any disputes shall be resolved by the competent courts of the Republic of Moldova.

PART B – CONTRACT CONDITIONS BETWEEN THE BUYER AND ARTERA

13. FORMATION OF THE CONTRACT

13.1. A step-by-step guide on how to place an order is available in the FAQ section of the Platform.

13.2. The ordering process allows you to review and correct any errors before finalizing the order.

13.3. After placing an order, you will receive an order confirmation email.

13.4. The contract between the buyer and Artera is considered concluded at the moment the shipment confirmation email is sent.

13.5. If a product you ordered is no longer available, you will be notified by email and a full refund will be issued.

14. RIGHT OF CANCELLATION AND REFUND (FOR CONSUMERS)

This section applies only to consumers (private individuals purchasing for personal use).

14.1. Consumers have the legal right to cancel a contract in accordance with Moldovan consumer protection law.

14.2. The right of cancellation DOES NOT apply to customized or made-to-order products created to the buyer’s specifications.

14.3. The cancellation period begins on the day you receive the product and is valid for 14 calendar days.

14.4. To cancel an order, you must send a written request to Artera, using the cancellation option on the Platform or by emailing suport@artera.md.

14.5. Refunds will be issued within 14 days of receiving the returned product, using the same payment method used for the original purchase.

14.6. If the return is due to a defective or misdescribed product, Artera will also reimburse any delivery charges paid by the buyer.

14.7. Buyers are required to return the product in its original packaging, including any authenticity certificates or accompanying accessories.

15. DELIVERY

15.1. Packaging is handled by the artist, while delivery is managed by Artera.

15.2. Artera and the Sellers will make every effort to deliver the products as quickly as possible, in line with the estimates shown on the Platform.

15.3. If delivery is delayed due to a force majeure event, the buyer will be informed and a new delivery date will be set.

15.4. Delivery is considered complete when the product is received by the buyer at the delivery address provided in the order.

15.5. Risk in the product passes to the buyer upon delivery. In case of damage, the buyer must notify Artera within 48 hours.

16. INTERNATIONAL DELIVERIES

16.1. Artera ships to most countries worldwide.

16.2. The buyer is responsible for any customs duties and import taxes applicable in their country.

16.3. The buyer must comply with all import regulations in their country. Artera is not liable if a product is held by customs authorities.

17. PRODUCT PRICING AND DELIVERY CHARGES

17.1. Product prices are as displayed on the Platform at the time of ordering.

17.2. Displayed prices include VAT.

17.3. Delivery costs are calculated separately and shown during the checkout process.

17.4. If a product is listed at an incorrect price, Artera will inform the buyer and offer the option to confirm the order at the correct price or to cancel it.

18. PAYMENT METHODS

18.1. Payment for products may be made using the following methods accepted by Artera:

• Visa, Mastercard

• PayPal

• Apple Pay
• Google Pay

• Bank transfer

• Iute Credit (payment in installments for residents of the Republic of Moldova)

18.2. Full payment must be received before the product is shipped.

18.3. Artera does not store buyers’ credit card details; payments are processed through secure third-party systems.

19. PRODUCT WARRANTY

19.1. All products sold via Artera are authentic and match the descriptions provided on the Platform.

19.2. Artera provides a certificate of authenticity for each artwork sold.

19.3. If a product is deemed inauthentic, the buyer is entitled to a full refund upon providing evidence within 14 days of receipt.

20. ARTERA’S ROLE

20.1. Artists authorize Artera to facilitate sales, collect payments for their artworks, and manage transactions and deliveries.

20.2. Artera is responsible for the quality, authenticity, and delivery of products displayed on the platform by third parties.

21. APPLICABLE LAW AND DISPUTE RESOLUTION

21.1. These Terms are governed by the laws of the Republic of Moldova.

21.2. Any disputes will first be attempted to be resolved amicably. If no agreement is reached, the dispute will be settled by the competent courts of the Republic of Moldova.

22. CONTACT

For any questions or requests regarding these Terms and Conditions, please contact us at:
suport@artera.md