1. Introductory part
1.1. Company details
The website www.bimarium.com is owned and managed by S.C. Proactiv Dist S.R.L, a Romanian based company that has the following registration details:
The following terms and conditions define the interaction between Bimarium (“Bimarium.com”, “we”, “us”, “our”) and our users (“you”, “your”) and set forward the principles that govern this relationship. We recommend you to read these terms and conditions carefully (“Agreement”) before using any of the services or digital goods offered by Bimarium. Proceeding to using the platform in any way implies that you have read and agreed with the terms and conditions of this agreement and are therefore subjected yourself to it.
2. Clarification of terms used
Bimarium (“Bimarium.com”, “website”, “site”, “we”, “us”, “our”) is the provider of a set of services and goods that help architects and interior designers create and deliver better, smarter designs. Amongst these but not limited to, can be named: a free library of 3D models, compatible with 6+ architecture softwares that can be accessed when the site is used in (default) 3D mode and a variety of furniture pieces that can be directly purchased on the site when users (currently from Romania only) use the site with Buying mode on.
Content (“3D model”, “BIM Object”) represents the entirety of existing digital content that Bimarium creates in-house, uploads on the website to be used for free by Bimarium’s users
3D Mode is the default mode of viewing the site which allows users to browse through our library of 3D models and download those BIM objects that they want to use in their projects.
Buying Mode is another way of viewing the site which allows certain users (“buyer user”, “user buyer”) to see only those items on the site that are both 3D models and real furniture that he/she can recommend for purchase to his/her clients and proceed to directly order those pieces on Bimarium.com
User (“you”, “your”) refers to every person that has a registered account on bimarium.com, regardless of whether it is a 3D user or a Buyer user.
3D User is any person that uses bimarium.com to search for and download different BIM objects to use in their 3D projects or renderings
Buyer User (“user buyer”) is any person that has upgraded to our buyer account, therefore being allowed both to use our 3D library and see the matching furniture that he/she can order for his/her clients once the 3D design has been approved. Once the client paid for the order, the user will receive a commission in exchange.
Item (“products”, “furniture”, “object”) any 3D model on Bimarium that is also listed as a physical object on the site, that can be purchased directly by the user’s end client at the user’s recommendation, when viewing the site in Buying Mode
3.1 Access to the services
The content provided by Bimarium is subject to proprietary notices and copyright information, in accordance with the terms outlined as follows:
3.2. User Registration
To be able to recurrently use our 3D/BIM objects library you will need to register on the site. The registration requires you to input the following: Name, Email Address, Occupation, Country and Software used as required fields and Website and Company as optional fields. Once registered you will receive an email from us allowing you to activate your account and start using the site. If this email has failed to reach you within 24hr, try signing into your account. Once you did that, a notification will pop up saying that your account is not verified. You can then opt for resending the email.
3.3. Permitted uses
Any 3D model in our library has been put at the user’s disposal with the purpose of easing the design process and allowing him/her to create better designs at a faster pace. In this sense, the user can use the 3D models/BIM object in any projects including those that have formed as a result of a commercial relationship.
3.4. Prohibited uses
No content on Bimarium.com is to be used, either in original form or slightly altered in any of the following instances:
4.1.Access to the services
In accordance with the terms and conditions stipulated this far, Bimarium offers certain services that are for the time being restricted to users from a certain geographical area, namely Romania. These services pertain to the Buying Mode Bimarium that allows users, be they architects or interior designers, to view the site through the lens of furniture products that can be directly purchased via Bimarium, place orders for their end clients and be remunerated with commissions in exchange. This service entails a direct working relationship between every user and Bimarium, as the user’s recommendation becomes our sale and that sale translates into a percentile commission for the user. Therefore, the collaboration between Bimarium and every user Buyer is subjected to the following conditions:
4.2. Buying Mode Policy
For the process of offering a variety of furniture pieces for sale on the site, Buying Mode Bimarium has the following policy that governs this exchange of goods and money between Bimarium, as in intermediary for different furniture producers and the user, as an intermediary for his/her client:
4.3. Buyer User registration
In My Account, you as an user can input the additional details required to go from a 3D User to a Buyer User account. These compulsory fields are: a). Real name, b). Linkedin Page, c). Company name, and d). Phone Number. Bimarium will check these details before confirming your Buyer Account and communicate its decision via email in the shortest amount of time.
4.4. Product lists, order and payment
Going in the direction of placing an order on Bimarium, starts with a product list that contains all the products and the relevant details (price, dimensions, delivery times) used in a project that you can show your end client before he/she decides to proceed with the purchase. This product list is to be made by first configuring the items (selecting colors, dimensions etc) and adding different products in My Projects. There you can organise these products according to the projects you are working for, generate lists to show your clients and add all products to My Cart once your client is ready to pay and therefore, place the order.
An order has a legal weight and therefore, a legal compliance to be satisfied when:
Payment for Bimarium.com products is processed through our secure online payment service, managed by MOBILPay and secured by their privacy and security policies. This online payment service supports Visa and Mastercard payments that are operated according to the 3D Secure Visa and Mastercard standard. No additional commission is charged for the online payments. To complete the transaction, the end user must enter the necessary transaction authorization data in the payment platform, following the instructions provided by this platform. Transactions are made in RON, at the exchange rate of the card issuing bank, if it is associated with an account in a currency other than the RON. Bimarium does not request or store any details regarding the card used to satisfy the purchase.
An order can be cancelled by Bimarium following a prior notice to the end client and the user, without any subsequent obligation of any party to the other or without any party claiming the other damages, in the following cases:
In the event that the order is canceled by user, Bimarium will refund the amount within 14 (fourteen) days of the user informing Bimarium of his decision to withdraw from the Agreement, but not earlier than the receipt of returned products, under the conditions provided for Return (see section below). The counter value of returned products will be refunded to the Buyer as follows:
Items that you buy through Bimarium.com will have different delivery methods, curriers, times and prices, depending on size, supplier and whether it is already manufactured or it is manufactured upon order; please refer to the product page for a delivery estimate. Your final shipping price will be clearly indicated at checkout.
4.6. Return Policy
If you are not completely satisfied with the product you ordered, you can return it within 14 calendar days, according to the online orders legislation (Emergency Ordinance No. 34/2014). To return a product, please write us at firstname.lastname@example.org, specifying the reason for the return. It is important for us to know the reasons for the return, in order to improve our products and services.
Returning the items incurs no additional costs except for the delivery fee, that is to be paid by the end user. Products ordered from Bimarium.com may only be returned in their original packaging (essential for avoiding damage to transport). So if you are not happy with the product you ordered, please keep the product in its original packaging within 14 days prior to return to avoid damage.
The return of the items shall be made within 14 days from the confirmation of the return decision, in the bank account provided beforehand. If the product you decided to return is damaged, which implies a decrease in the value of the product, Bimarium will carry out an analysis to determine the value of the product after return, a value that can be deducted from the total value of the returned product. If the returned product is visibly damaged, has stains, is dirty or broken and can not be sold as a new product, we reserve the right to charge a fee to cover the price difference between a new product and a product already in use, or if the product is in a state that does not permit remarketing, we reserve the right to refuse the product. Upon receipt of the returned product, a record report is made and photographs are taken to prove the decrease of the value of the items (if any).
4.7. Product warranty
All items purchased on bimarium.com carry a 24 month guarantee as required under Romanian law (Law 449/2003).
All items ordered on Bimarium are accompanied by the Warranty Certificate issued by the manufacturer. The warranty certificate contains general usage instructions and warranty terms. In order to benefit from the guarantee, the Customer has the obligation to keep the Warranty Certificate and the tax invoice. Loss of the Warranty Certificate will invalidate the Product warranty. In the event of a fault, according to Law no. 449/2003, the guarantee certificate is the document certifying the right to guarantee and must be presented together with the tax invoice and the proof of payment (receipt, invoice, tax note, etc.).
The warranty conditions are in accordance with the applicable Romanian legislation, namely: O.G. 21/1992, Law 449/2003 and OG 174/2008. Claims based on collateral will be settled within 15 calendar days. To request the repair or replacement of the product under warranty, please send an email to email@example.com specifying in detail why the product needs to be replaced.
The absence of the warranty certificate for the product ordered and delivered must be signaled within 48 hours of receipt of the product at firstname.lastname@example.org. Any subsequent referral will not be considered.