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:

  • Fiscal code: 35722597
  • Registration no: J31/280/2015
  • Address: Str. Parcului nr.10, Zalău, Sălaj, 450045, Romania

1.2. About

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. Terms of use for Bimarium in 3D 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:

  • This site, and any content pertaining to it, regardless of the differential specifications (ie. different softwares, low-poly, high-poly) of each object is not to be copied, reinterpreted, republished, uploaded, posted, transmitted, distributed or used for the purpose of creating subsequent products or services of the same nature as the original content in the lack of a preceding, explicitly consensual written approval from Bimarium.
  • By using Bimarium, as a register user, you are conferred a set of rights of use that are non-exclusive, non-transferable and that limit usability of content for commercial purposes, however not in the instance of using the models for generating idiosyncratic architectural and interior design concepts, which is the intended application and function of BIM objects. This right of use is valid only and in so far as, your usage of the content displayed on this site doesn’t infringe on the copyright, trademark and additional proprietary notices. Thus, your usage of the site and the content provided by it, following registration, contains an inherent compliance with the terms, conditions and notices that accompany the content.
  • Bimarium can at any time discontinue the availability of some or all of its content. Also Bimarium can limit user access to some of the website’s features without any notice and liability.

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:

  • In all instances where the content, in its current state and form, is intended for resale
  • In all instances when the content is incorporated in a product or is slightly altered
  • use the content in applications intended for resale;
  • incorporate the content in any product that results in a redistribution or reuse of the content or is otherwise made available in such a manner that a person can extract or access or reproduce the content as an electronic file;
  • remove any notice of copyright, trademark or other proprietary right from any place it has been fixed on or embedded in the content;
  • sub-license, resell, rent, lend, assign, give away or otherwise transfer or distribute the content or the rights granted under this Agreement;
  • install and use the content in more than one location at a time or post a copy of the content on a network server or web server for use by other users;
  • use or display the content in an electronic format that makes it possible for it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

4. Terms of use for Bimarium in Buying Mode

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:

  • Access to become a User Buyer on Bimarium is allowed to any person, over the age of 18, that is an architect, an interior designer, decorator, architecture student or any other professional category that we address through our content.
  • Every user must have the legal capacity to generate invoices for the commissions earned. In other words, he/she has the obligation to present us with an invoice for the exact amount he/she earned in commissions once the request to be transferred the commissions has been placed. Whether the company the user chooses to input is his/her own or one at which the user activates, as an employee, does not concern Bimarium. It is the user’s responsibility to ensure that the money earned as commissions reach him/her after Bimarium complied with the request to transfer the money to the user in the bank account stipulated in the invoice.
  • The user has the responsibility to ensure that the details inputted in the name of his/her client (delivery address, name, company if the case) are the correct ones. Bimarium assumes no liability or costs if any of these details have been mismanaged by the user and therefore, have created delays in delivering the respective order.
  • The communication between the user and Bimarium will take place through any of the channels specified on the website (emails, phone numbers).
  • Bimarium may terminate your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership.

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:

  • All the goods available in the Buying Mode version of the site have prices listed in EURO, which include VAT. Bimarium reserves the right to modify these prices freely and in compliance with the legal provisions and the agreements Bimarium has with every producer. When proceeding to payment, regardless of whether made via bank transfer or online, with card, the amount the client will pay will be expressed in RON (Romania’s currency). As a result, Bimarium is not / can not be held responsible for any additional cost incurred by the end customer, including but not limited to currency conversion fees applied by the issuing bank of it’s card if it’s issuing currency differs from RON.
  • All the information used to describe the items available on the Site (static / dynamic images / simulations / multimedia presentations / etc.) are not a contractual obligation on behalf of Bimarium, these being used exclusively for presentation purposes. Bimarium takes all reasonable steps to ensure that the information published on the Site, including the description of the items and the prices listed, is accurate and complete at all times. However, mistakes may also occur. In such situations, Bimarium will remove all errors occurring in the shortest possible time. If Bimarium finds that the respective error has affected / influenced the Order or the Contract validly concluded, it will inform the user as soon as possible, giving him/her both the possibility to reconfirm the Order / Contract or the possibility of canceling it.
  • Starting from the assumption that the end client’s order is the direct result of the 3D concept that the user has done for his/her client using 3D content from Bimarium, it is implied that the end client knows how the products will look like once delivered. However, there are slight differences that may arise, when comparing the 3D version of the object with the real life item:
    • The colors of the products as presented on the site may be slightly different in reality because they depend on several factors including, but not limited to, the settings of the monitor used and the way the 3D was executed by you, the user.
    • We strive to ensure 100% accuracy in how we replicate the 3D models after the real-life products. However, mistakes can arise, reason for which we encourage you to check carefully the dimensions of each item and the measurements of the space it should be placed in.
  • All furniture products are made to order. This poses the risk that the order you placed will be delayed during periods of high demand, for reasons beyond the control of Bimarium. As a result, Bimarium does not assume responsibility for delays due to production or carrier’s fault. In such cases, Bimarium will inform you about the new delivery deadline, with the possibility of withdrawing the order and reimbursing the amounts paid in full within 14 days. Please note that all information regarding the delivery / performance offered by Bimarium (on the website, by phone or e-mail) is estimated and therefore may vary from case to case for objective reasons. Thank you for your understanding.

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:

  • The end client has paid for it, either via bank transfer or online, directly with card.
  • As a result of the payment going through, the user and the client receive an email from Bimarium containing the details of the products ordered, the total cost of the Order, including delivery costs, as well as an order identification number.

Payment:

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.

Order Cancellation:

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:

  • Non-acceptance by the issuing bank of the Buyer\'s or Transaction card in the case of online payment;
  • Invalidation of the transaction by the card processor agreed by Bimarium, in the case of online payment;
  • The data provided by the Customer / Buyer on the Site are incomplete and / or incorrect;

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:

  • For Paid Orders with Online Card -> by returning to the account from which the payment was made;
  • For Orders paid with OP / ramburs / iTransfer / Bankcard-> by bank transfer.

4.5. Delivery

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 shop@bimarium.com, 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 shop@bimarium.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 shop@bimarium.com. Any subsequent referral will not be considered.

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