Terms of service

1. IDENTIFICATION DATA

OMNI FOCUS SRL is the company that manages the www.creativeandkind.com domain and its subdomains (hereinafter called “SITE”). CREATIVE AND KIND (OMNI FOCUS company S.R.L.) is a company organized under Romanian law, with its registered office instead of Timisoara, Telegrafului Street, Timis, having the tax registration code 46538149, registered at the Office of the Trade Register Timis under Nr. J35/3440/2022/26.07.2022, email contact@creativeandkind.com

2. USER AGREEMENT

Welcome to the website www.creativeandkind.com, hereinafter referred to as the website. Please read carefully the terms and conditions of use of this website presented below.
Your access, visitation, and use of this website are subject to the terms and conditions of use and imply your explicit acceptance, without limitation or qualification, regarding them. Any other agreements between you and CREATIVE AND KIND (OMNI FOCUS company S.R.L.) are replaced by the provisions of these Terms and conditions, which represent the entire agreement (contract) between the parties.

CREATIVE AND KIND (OMNI FOCUS company S.R.L.), as author/Administrator of the website www.creativeandkind.com, reserves the right to change, update and revise at any time, without any prior notice, the content of this website, as well as these terms and conditions and privacy policy by updating them. Therefore, please visit this section periodically to check the terms and conditions you agreed to comply with.

3. TERMS OF USE OF THE WEBSITE

OMNI FOCUS SRL may modify, reposition, remove or add portions to this site at any time.

The materials on this site are made available “as is” and “as is” without any express or implied warranties. The author does not warrant and has no obligation related to the use or the result of using the content or materials of this site on fairness, accuracy, or safety.

To the extent permitted by applicable laws, CREATIVE AND KIND (OMNI FOCUS company S.R.L.) reserves all warranties, express or implied, including but not limited to commercial warranties, fitness for a specific purpose, and non-infringement. CREATIVE AND KIND (OMNI FOCUS company S.R.L.) does not guarantee the totality or usefulness OF the information contained in this site. CREATIVE AND KIND (OMNI FOCUS company S.R.L.) does not warrant that the functions contained in the materials available on this site will be uninterrupted or error-free, that the inaccuracies or materials will be corrected, or that the site or the server that provides them does not contain viruses or other Components. You assume the full cost of the necessary repair and modification service.

4. INTELLECTUAL PROPERTY RIGHTS

This site is protected by copyright and is defended by law on copyright and related rights and laws on intellectual and industrial property. Any text or graphic material that you copy, print, or download is licensed under the CREATIVE AND KIND (OMNI FOCUS company S.R.L.) exclusively for personal, non-commercial use, provided that you do not modify or delete the copyright notice, trademark, or other notes on Intellectual property. The content of the site (texts, descriptions of products and services, technical characteristics, images, symbols) is wholly owned by CREATIVE AND KIND (OMNI FOCUS company S.R.L.), and manufacturers, product distributors, and service providers published it.

If you download the Software from this site, including all files and images contained or generated by the software, and the adjacent data (hereinafter referred to as “Software”) are considered under the CREATIVE AND KIND license OF LLC, exclusively for personal use and Non-commercial.

You are not allowed to market, redistribute or reproduce the Software, modify its structure or decompile it, or disassemble the Software in a perceptible form. All brands and logos are owned by CREATIVE AND KIND or the holders of the license and you are not allowed to copy or use them in any way. CREATIVE AND KIND does not transfer any title or intellectual property rights to the Software. CREATIVE AND KIND has the complete title of the Software as well as all intellectual property rights arising therefrom.

The use without the CREATIVE AND KIND agreement of any items listed above is punishable according to the legislation in force.

5. RESERVES AND LIMITATIONS OF LIABILITY

Under no circumstance, CREATIVE AND KIND is responsible in front OF you. For damages, losses, or shares (either by contract or otherwise), for the products and/or services purchased on this site. In no circumstance, including without limitation, the author will not answer for any special compensation or any other nature resulting from the use or inability to use the site or other materials that can be downloaded, Even in the situation where OMNI FOCUS SRL or its representatives were informed of the possibility of such damage. 

6. DEFINITIONS

User – Any person who visits the site creativeandkind.com

Client – The individual/legal person who performs an order.

Account – section of the Site consisting of an email address and a password that allows the customer to transmit the order and contains information about it and its history on the Site.

Products and services – any product or service mentioned in the order, to be provided by the seller, to the customer.

Order – An electronic document that interferes with the form of communication between the seller and the customer by which the customer expresses his intention to purchase certain products and services and to make their payment.

Seller – CREATIVE AND KIND (OMNI FOCUS company S.R.L.), having the following identification data: Unique registration code 46538149, registered in the Trade register with No. J35/3440/2022.

Contract – An order confirmed by the seller, whereby the seller agrees to sell and deliver the products and services and the customer agrees to purchase, receive and make payment for these products and services.

Courier – Any person governed by public or private law who is providing fast courier services.

7. SALES POLICY

All information used for the description of the PRODUCTS and/or SERVICES available on the SITE (static/dynamic images/Multimedia presentations/etc.) is not a contractual obligation on the part of OMNI FOCUS SRL, which is used exclusively As a presentation.
Access, to perform an ORDER II, is allowed to any CLIENT
By launching an ORDER on the SITE, the CUSTOMER agrees to the form of communication (e-mail) by which OMNI FOCUS SRL performs its operations on the SITE.
OMNI FOCUS SRL does not at any time consider an ORDER unconfirmed by OMNI FOCUS SRL having the value of a CONTRACT.
The CONTRACT is considered to be concluded between the OMNI FOCUS SRL and the CLIENT at the time of receipt by the CUSTOMER from OMNI FOCUS SRL, via the electronic mail of the ORDER confirmation notification. Therefore, the CONTRACT enters into force upon confirmation of the ORDER by OMNI FOCUS SRL.
The terms and conditions of use can be changed at any time by updating this SITE, making these changes mandatory and effective immediately for all USERS/CUSTOMERS.

8. ORDER

The CUSTOMER can perform ORDERS on the SITE by filling in the order form on the CONTACT page and writing directly to contact@creativeandkind.com

OR 

The customer can make orders on the Site by adding the goods and/or services they want in the shopping cart, following the complete order by making the payment through one of the expressly indicated ways. Once added to the shopping cart, a good and/or service is available for purchase to the extent that there is stock available for it. Adding a good/service in the shopping cart, in the absence of order completion, does not entail the registration of an order, by default no automatic reservation of the goods/service.

By completing the order the client consents that all the data provided by it, required by the purchase process, are correct, complete, and true at the time of placing the order.

By completing the ORDER, the CUSTOMER consents that OMNI FOCUS SRL can contact him, by any means available/agreed by OMNI FOCUS SRL, in any situation where it is necessary to contact the CUSTOMER.

The seller may cancel the order made by the customer, following prior notification to him, without any further obligation of any party to the other or without any party being able to claim the other damages in the following Cases:

– Failure to accept the transaction by the issuing bank of the client card in case of online payment;

-Invalidating the transaction by the card processor approved by OMNI FOCUS SRL, in case of online payment;

-The data provided by the Client on the Site is incomplete and/or incorrect;

9. PRICE OF PRODUCTS AND SERVICES

All prices related to the PRODUCTS presented on the SITE are expressed in EUR, USD OR RON(LEI) and do not include VAT

The VAT amount will be added to the price in the checkout page, pased on your country. 

The price can be modified by OMNI FOCUS SRL at any time without notice.
OMNI FOCUS SRL warning that there are cases when, as a result of SITE failures or errors, the price displayed on the SITE may not be the real one. In these cases, OMNI FOCUS SRL will inform the CUSTOMER of the correct pressure.

10. METHOD OF DELIVERY

The PRODUCT will be delivered to the customer in the door-to-door courier system.

OMNI FOCUS SRL will ensure proper packaging of PRODUCTS and will ensure the transmission of accompanying documents.
OMNI FOCUS SRL will carry out the delivery OF the PRODUCTS and the provision of SERVICES in Romania and world wide.
If the CONTRACT cannot be executed due to the PRODUCT not being dippable, OMNI FOCUS SRL will inform THE CUSTOMER of this situation. OMNI FOCUS SRL can deliver to the CUSTOMER a similar PRODUCT with the same price, in the situation where the PRODUCT initially requested is not available, only after informing and agreeing with the CUSTOMER.

The customer will be contacted by telephone by courier in advance to obtain confirmation of his presence at the address and time selected at the time of the order validation on the site.

The customer must be present at the specified delivery address, in the selected time interval, otherwise, it will incur a transport fee related to a possible new delivery. The time interval can be modified only with the courier’s consent.

The delivery is deemed to be fulfilled by OMNI FOCUS SRL once the customer receives the order at the address provided when the order was placed.

11. DELIVERY TERM

Delivery time is up to 5 business days for SHOP products and 20 working days for the rest of the products (from getting the PRINTING GOODS-final approval of the digital sample-)

You will be notified when the parcel has left us.

The transit time depends on the delivery address provided. It can be between 1-5 business days.

OMNI FOCUS SRL reserves the right to amend the delivery term.

12. PAYMENT METHOD

SHOP

-Pay Pal 

-Online Payment by credit card In the 3d Secure system.

PRODUCTS/SERVICES not found in SHOP

-Bank Transfer

–Online Payment by credit card In the 3d Secure system. Upon receipt of the invoice for the ordered products you will be able to pay the invoice by clicking on the payment link displayed on the invoice.

OMNI FOCUS SRL will issue to the CUSTOMER an invoice for the PRODUCTS and SERVICES to be delivered, the CUSTOMER’s obligation is to provide all the information necessary to issue the invoice according to the legislation in force.

The payment of the order is FULLY in advance after obtaining the printing goods. Once we have confirmation of payment, your order is given in the work.

13. TRANSFER OF PROPERTY OF PRODUCTS

Unless it is agreed by OMNI FOCUS SRL and a different CUSTOMER, the property on the PRODUCTS will be transferred to the delivery, after payment from the CUSTOMER at the location indicated in the ORDER (understanding by delivery – signing of Receipt of the transport document provided by The Courier).

14. RIGHT OF WITHDRAWAL

The legislation in force, the CUSTOMER has the right to notify in writing OMNI FOCUS SRL that he is giving up the purchase, without penalty and without claiming a reason, within 14 working days of receiving the product or, in the case of service Conclusion of the contract.

If the CUSTOMER asks the person to withdraw from the CONTRACT, if the ORDER is acquitted, OMNI FOCUS SRL will reimburse the amount within 14 days from the date of informing the OMNI FOCUS SRL by the CLIENT the individual on his decision to Withdrawal from the CONTRACT.

OMNI FOCUS SRL will repay the amount after receiving the PRODUCTS sold and checking them. After checking the PRODUCTS and if these are in the same condition as at dispatch OMNI FOCUS SRL will return the amount by bank transfer. Products showing physical changes blows, shares, scratches, shocks, excessive use and/or unauthorized interventions, etc., are not accepted for return.

OMNI FOCUS SRL will be able to postpone the reimbursement of the product until the product is received or until the receipt proves that it has been shipped.

Return expenses are incurred by the customer.

The following shall be exempted from the right of withdrawal from the CONTRACT:

– Service contracts, after full delivery of the services, if the execution started with the Client’s prior express consent and after confirming that he has been aware that he will lose his right to withdraw after Full execution of the CONTRACT by OMNI FOCUS SRL.
– The supply of PRODUCTS made according to the specifications submitted by the CUSTOMER to the individual or customized;
– The supply of digital content which is not delivered on a material medium, if the supply started with the Client’s prior express consent and after confirming that he had been aware that he would lose his right to withdraw.

Attention! According to OUG No. 34/2014, art. 16 lit. C, Products made according to the specifications submitted by the consumer or customized cannot be returned. If it is not about customized products, they must be returned in the same state, with the labels intact and together with all the documents that accompanied him (invoice, etc.). The returned products must be in the same condition as upon receipt: no damage, no defects (except hidden vices and excluding defects already flagged by the customer in correspondence with OMNI FOCUS SRL.

15. WARRANTY

The intact receipt of the order is guaranteed by the courier. If it does not reach intact, OMNI FOCUS SRL undertakes to deliver a new product, as mentioned in the order.

16. USER NOTICES AND INFORMATION

As a user, you understand and agree to the following responsibilities:

-Provide true, accurate, and complete data about yourself to process the order

As a user, you assume the obligation not to do the following:

-Publish materials that contain viruses or other programs with the intent to destroy this system or any information that is part of this system;

-Publish copyrighted materials If you are not the author or if you do not have the author’s permission to publish that material;

-Publish defaulting, obscene, threatening, or malicious material to another user, physical or legal person, material or information prohibited by the legal provisions in force;

-Publish an image or assertion that is contrary to the legal norms in force.

By accessing the contact form that will transmit your data to place online orders as well as participating in various actions (information, promotional, advertising, entertainment, etc.) organized by OMNI FOCUS SRL, you declare that you agree that the personal data required to be collected, stored and processed by OMNI FOCUS SRL;

All operations carried out by OMNI FOCUS SRL through the website www.creativeandkind.com comply with Law 365/2002 on Electronic commerce, as amended by Law 121/2006, republished in the Official Gazette of Romania, part I, M. Of. No. 959/2006.

Links to other sites

The author makes no representations about the content of any of the sites you access. When accessing a site that does not belong to the site network operated by OMNI FOCUS SRL, please keep in mind that the site is independent of OMNI FOCUS SRL and that OMNI FOCUS SRL does not exercise any control over the content of that site. Establishing a link to a site outside the OMNI FOCUS SRL assumes and accepts responsibility for the content or use of such a website.

Submissions

If a visitor of this website responds to the request of OMNI FOCUS SRL with information including date feedback, such as questions, comments, and suggestions regarding the site or the content of any element, such information is assumed to be non-confidential and OMNI FOCUS SRL will have no obligation to look at this information. In addition, OMNI FOCUS SRL will have the freedom to reproduce, use, make public, present, Expuna, transmit, perform, create derivative works and distribute information to others without limitation, and authorize other persons in connection with them. Moreover, OMNI FOCUS SRL will be free to use any idea, concept, know-how, or technique contained in this information for any purpose, including without limitation: development, production, promotion, and marketing of products and other elements Incorporated in this information. This paragraph shall not apply to any personal information (such as name, telephone, postal address, and e-mail address), the use of which is governed by the privacy policy of OMNI FOCUS SRL.

Taking into account the continued efforts of CREATIVE AND KIND (OMNI FOCUS company S.R.L.) to develop and improve these products and to provide feedback to its users, you agree to transfer such ideas, concepts, know-how, and techniques to CREATIVE AND KIND (OMNI FOCUS company S.R.L.) without any Compensation. You declare the agreement to perform any documents which CREATIVE AND KIND (OMNI FOCUS company S.R.L.) may reasonably request regarding the confirmation of the ownership of CREATIVE AND KIND (OMNI FOCUS company S.R.L.) and of the unlimited right to use such ideas, concepts, know-how, and Techniques.

You are solely responsible for the content of any comment you make. You agree that you:

- Shall not infringe any right of any third party, including copyright, trademark, intellectual property rights, confidentiality, or other nature;
- It will not and will not contain harmful material or of any other nature, illegal, abusive, or obscene and will not constitute a violation of trade/business secrets to a third party;
- Shall not disregard the products or services of any third party. You will agree not to send any personal information (other than email address) by email to other users or through messages posted by you on this site.

17. FRAUD

Any attempt to access the personal data of a user or to alter/modify the content of the www.creativeandkind.com, to affect the server on which the site runs will be considered attempted fraud, reserving us the right to move the criminal complaint Against those who have tried the facts described above.

Fraud is also the placement of an order with a false address or fake identification data. In this case, the competent bodies will be notified to resolve the case.

18. LEGAL INFORMATION

Applicable legislation and jurisdiction

These terms and conditions and the use of this Website are governed by the laws of Romania. In case of litigation, an amicable resolution will be tried first, within 30 (thirty) working days from the registration of the complaint to CREATIVE AND KIND (OMNI FOCUS company S.R.L.). The competent courts of CREATIVE AND KIND (OMNI FOCUS company S.R.L.) will be competent to resolve all disputes that will arise from or refer to or will be related to the provisions of the terms and conditions and/or content of the Website.

Privacy

CREATIVE AND KIND (OMNI FOCUS company S.R.L.) respects and protects the right to privacy and private life of users of the Website. CREATIVE AND KIND (OMNI FOCUS company S.R.L.) must administer safely and only for the purposes specified the personal data you provide about you, by the provisions of the EU Data Protection regulation. The purpose of collecting data is to provide users with the services offered on the Website through online orders and information and services of the highest quality, as well as marketing, advertising, and publicity services.

CREATIVE AND KIND (OMNI FOCUS company S.R.L.) does not process any data other than the minimum required for ordering, billing, and courier process.

Please access the Privacy Policy section that also applies to your access/visit to the Site.