TERMS AND CONDITIONS OF USE

PREAMBLE

These Terms and Conditions of Use (the “Terms and Conditions” or the “Terms”) govern the legal relationship between MMAX DISTRIBUTION SRL, a company incorporated under Romanian law, with its registered office at 1 Cosmos Street, Building 24, Entrance B, 4th Floor, Apartment 10, Brașov, Brașov County, and its place of business and correspondence address at 1 Fundătura Hărmanului Street, Brașov 550240, Romania, registered with the Trade Registry Office attached to the Brașov Tribunal under No. J2007003145084, unique tax identification number (CUI) 22776747, e-mail address office@gammaprint.ro and bank account RO88INGB000099990222479 held with ING Romania, and the users of the websites https://gammaprint.ro and https://gammaprint.cool-shop.eu/ro, hereinafter collectively referred to as the “Website”.

This Terms and Conditions document governs the use of and access to both websites, gammaprint.ro and https://gammaprint.cool-shop.eu/ro, each operated by MMAX Distribution SRL. By accessing or using either website, the user agrees to this document.

Together with the Privacy Policy and the Cookie Policy, this document sets out the rules applicable to the use of the website and online store www.gammaprint.ro (including https://gammaprint.cool-shop.eu/ro), access to its content, submission of quotation requests, placement of orders, purchase of available products and services, and the contractual relationship between Gamma Print and users, members, clients or buyers. Both websites are operated by the same company and form part of the same commercial infrastructure.

By accessing the Website, viewing its pages, creating an account, submitting a quotation request, placing an order or purchasing a product or service, you agree to these Terms and Conditions and to the legal consequences arising from such acceptance. The Website also includes e-commerce functionalities through which Gamma Print offers customised products, promotional products, printed materials, personalised or non-personalised gifts and related services. Products manufactured to the client’s specifications or clearly personalised for the client are not covered by the right of withdrawal under distance-contract legislation.

The goods and services available on the Website are intended primarily for legal entities, professionals, organisations and other entities ordering products for commercial, professional, promotional or institutional activities. In exceptional circumstances, Gamma Print may also accept orders from natural persons/consumers. In such cases, mandatory consumer-protection rules apply to the extent provided by law and prevail over any conflicting contractual provision.

Gamma Print may update this document periodically, including to reflect changes concerning the operation of the Website, the order process, products, services, payments, transport or applicable law.

In this document, the company is referred to as “Gamma Print” or the “Company”. Any reference to “Gamma Print” or the “Company” is a reference to MMAX Distribution S.R.L.

These Terms and Conditions of Use constitute a set of rules governing the relationship between MMAX Distribution S.R.L., the entity that operates/develops the Website, and the users and visitors of the Website. By accepting these Terms and Conditions, Website users accept their contents in full and undertake to comply with them whenever applicable.

For any enquiries concerning these Terms and Conditions, the Privacy Policy, data protection or the exercise of your rights, you may contact us at office@gammaprint.ro. To the extent permitted by law, Gamma Print shall not be liable for damage caused exclusively by improper use of the Website, users’ failure to comply with these Terms and Conditions, or circumstances beyond the Company’s reasonable control.

Art. 1. Acceptance of the Terms and Conditions

By accessing, browsing or using the Website, the user declares that they have read, understood and fully accepted these Terms and Conditions. If the user does not agree with any provision of the Terms and Conditions, they may discontinue use of the Website.

These Terms and Conditions constitute the general framework governing the relationship between Website users and Gamma Print. This general framework is supplemented by the specific conditions and any relevant documents or notices that the user assumes, acknowledges or accepts whenever the user initiates, accepts, continues or conducts commercial relations with Gamma Print. Continued use of the Website constitutes the user’s express agreement to the contents of these Terms and Conditions.

The Romanian-language version of the Terms and Conditions is the official and legally binding version. In the event of any difference of interpretation between the Romanian version and a translation into another language, the Romanian version shall prevail. Gamma Print reserves the right to refuse to process an order on objective and justified grounds, including suspected fraud, abusive conduct, logistical impossibility or product unavailability.

Gamma Print may refuse to enter into or continue a contractual relationship, or to provide services, to any person whose conduct is abusive, aggressive, offensive, defamatory, indecent or contrary to standards of civilised behaviour and good commercial practice, or where such conduct is liable to affect the Company’s operations, commercial reputation, personnel or contractual relationships with third parties. The exercise of this right shall not be construed as discriminatory where the refusal to collaborate is based on objective and legitimate grounds. Gamma Print may use third-party providers for data hosting, electronic communications, order processing, backups, statistical analysis and IT services. Where certain data are transferred outside the European Economic Area, such transfers shall take place exclusively in accordance with Regulation (EU) 2016/679 and only where there is a European Commission adequacy decision for GDPR purposes or, in the absence of such a decision, on the basis of appropriate safeguards under the GDPR, in particular the standard contractual clauses adopted by the European Commission, or pursuant to one of the derogations provided for by the GDPR.

Art. 2. Amendments to the Terms and Conditions

Gamma Print reserves the right to amend, update or supplement these Terms and Conditions at any time in order to accommodate legislative, technical, commercial, operational or security-related changes, without individual prior notice to users, by publishing the updated version on the Website. The updated version shall be published on the Website and shall take effect on the date of publication unless otherwise stated. Users are responsible for reviewing the Terms and Conditions periodically. Accessing the Website and using the services after amendments have been published constitutes acceptance of the updated Terms and Conditions.

Continued use of the Website after amendments have been published, including by accessing a user account, placing orders, requesting quotations or using any Website functionality, constitutes express and unconditional acceptance of the updated version. Where amendments concern consumer rights or the performance of ongoing contracts, they shall be applied in compliance with the mandatory provisions of applicable law. Orders already confirmed shall be governed by the version of the Terms and Conditions in force on the confirmation date, except where: (a) the law requires the immediate application of new provisions; (b) the amendments are more favourable to the consumer; or (c) the parties expressly agree that the new conditions shall apply.

Art. 3. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

MMAX Distribution S.R.L. is a company incorporated under Romanian law, with its registered office in the Municipality of Brașov at 1 Cosmos Street, Building 24, Entrance B, 4th Floor, Apartment 10, Brașov County, and its place of business and correspondence address at 1 Fundătura Hărmanului Street, Brașov 500240, Romania, registered with the Trade Registry Office attached to the Brașov Tribunal under No. J2007003145084, unique tax identification number (CUI) 22776747, e-mail address office@gammaprint.ro, telephone number 0785.550.096, which operates the Website and supplies the goods and services marketed through the Website or through direct communication.

User means any natural or legal person who uses https://gammaprint.ro and/or https://gammaprint.cool-shop.eu/ro to place orders, request quotations, use the tools made available on the Website to obtain price estimates for products, or review the products or services presented on the Website, irrespective of the purpose of such use. A User also means any natural or legal person, whether governed by public or private law, who accesses the Website, views its content, browses its pages or interacts with Gamma Print without necessarily placing an order.

Member means any natural or legal person, whether governed by public or private law, who creates an account on the Website and may access account-specific areas or functionalities.

Client/Buyer means a legal entity, authorised natural person, sole proprietorship, organisation, institution or other legal entity or, exceptionally, a natural person/consumer who creates an account, requests a quotation, submits an order or purchases goods or services from Gamma Print.

Consumer means any natural person acting for purposes outside their professional, commercial or business activity, within the meaning of Government Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals and amending and supplementing certain legislative acts;

Designated User means the natural person appointed by the Buyer to liaise with Gamma Print, including for communications, file transmission, validation of specifications, approval of the Print Approval or order tracking.

Account means the combination of an e-mail address and the associated password through which a Member accesses restricted areas of the Website and available functionalities.

Content means all information available on the Website or communicated by Gamma Print, including texts, photographs, images, logos, graphic elements, files, product and service details, prices, quotations, promotions, multimedia materials, electronic communications and any other data transmitted through the Website or other communication channels.

Goods and Services means any product, service, document, material, artwork, file, customisation, processing, packaging, delivery or activity included in an order, quotation, order confirmation or commercial communication and to be supplied to the Client/Buyer by Gamma Print.

Order means an electronic or written request through which the Client/Buyer expresses a firm intention to purchase one or more Goods and Services from Gamma Print.

Special Order means an order for customised or made-to-order products in quantities, dimensions, colours, materials or specifications that differ from standard products, or manufactured on the basis of files, images, texts, designs or instructions supplied by the Client/Buyer.

Contract means an Order confirmed by Gamma Print by e-mail, telephone, platform notification, written message or another means of communication agreed by the parties.

Specifications means all requirements, descriptions, dimensions, materials, quantities, colours, placements, graphic files, customisation information and technical or commercial instructions relating to the Goods and Services, as communicated by the Client/Buyer and confirmed by Gamma Print.

Intellectual Property Rights means all intangible rights, including know-how, copyright and related rights, database rights, industrial designs and models, trademarks, trade names, domain names, patents, graphic elements, concepts, texts, images, logos and any other similar rights in the Goods, Services, files, materials and Content used or created in connection with an Order.

Newsletter means an electronic means of providing periodic information about Gamma Print products, services, offers or promotions, sent in accordance with the law and the Privacy Policy.

Transaction means the receipt or reimbursement of an amount arising from the sale of a product or service by Gamma Print from/to the Client, by bank transfer, online payment, cash on delivery, payment processor, courier service or another available and confirmed method.

User-Uploaded Content means any file, image, photograph, text, logo, artwork, template or other item submitted by the User through the Website.

Professional Buyer or Professional means any natural or legal person, whether public or private, acting for purposes relating to their commercial, industrial, production, craft or liberal professional activity in connection with contracts falling within the scope of Government Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals and amending and supplementing certain legislative acts, as well as any person acting for the same purpose in the name or on behalf of such a person. Mandatory consumer-protection rules do not apply to a Professional Buyer/Professional, except for statutory provisions applicable to all participants in civil-law relations.

Print Approval / PA means the firm, express and unequivocal approval sent by the User/Client by e-mail, platform, written message or another means of communication accepted by Gamma Print, through which the User/Client confirms the final form of the design, artwork, customisation, data, texts, positioning and technical specifications for production, assuming full responsibility for their accuracy and compliance. The Print Approval has contractual effect between the parties and gives rise to the consequences provided for in these Terms and Conditions. Once the Print Approval has been issued, the Order may enter production and subsequent changes may be impossible or may entail additional costs.

Website means either of the domains www.gammaprint.ro and https://gammaprint.cool-shop.eu/ro, together with their respective subpages.

Art. 4. Contractual Documents and Order Confirmation

When you place an Order or submit a firm order request to Gamma Print, you accept the communication methods used in the course of the commercial relationship, including the online platform, e-mail, telephone, electronic messaging or other channels used by the parties.

Depending on the circumstances, an Order may comprise one or more of the following documents:

the Order placed on the Website or submitted through direct communication;
the commercial quotation issued by Gamma Print;
the specific conditions applicable to the Order;
the Client/Buyer’s Specifications;
the files supplied by the Client/Buyer;
the Print Approval / PA;
the Order confirmation sent by Gamma Print;
the pro forma invoice and/or tax invoice;
the transport documents;
this document, the Privacy Policy and the Cookie Policy.

Formation of the Contract. The Order is deemed accepted by Gamma Print when Gamma Print sends the Client/Buyer an electronic confirmation by e-mail or another written means. No acknowledgement of receipt from the Client/Buyer is required.

An Order that has not been confirmed by Gamma Print shall not constitute a Contract.

Print Approval. For customised products, the Client/Buyer must provide a firm Print Approval before processing where Gamma Print requires this stage. The Client/Buyer is fully responsible for the accuracy of all information, texts, images, data, logos, files and Specifications approved through the Print Approval. Where the final product complies with the approved Print Approval, errors contained in the approved materials cannot be attributed to Gamma Print and shall not, in themselves, constitute a lack of conformity or grounds for return or free re-production, to the extent permitted by law.

Price Validity. The prices stated in an Order, quotation or pro forma invoice are valid for the period communicated by Gamma Print. Unless another period is specified, validity is 3 (three) business days from submission or registration of the Order/quotation. This validity does not apply where changes occur independently of Gamma Print, including product unavailability or changes in purchase costs, transport costs, exchange rates, taxes or other elements relevant to the Order.

Order Cancellation and Amendment. An Order may be cancelled or errors corrected only in certain circumstances, before the Print Approval is issued, where required, or before the Order enters production/processing. Following approval of the Print Approval, customisation, cutting, printing, engraving, special packaging, placement of a firm order with a supplier or another irreversible stage, amendment or cancellation of the Order may no longer be possible or may entail additional costs payable by the Client/Buyer.

Art. 5. Use of the Website

You may access, visit and view the Content of the Website in compliance with this document and applicable law. Gamma Print may limit, suspend or restrict a User’s, Member’s, Client’s or Buyer’s access to the Website, Content, Account or Services where there are indications of abusive, fraudulent, unlawful, unauthorised or harmful use.

The User, Member, Client or Buyer is responsible for all activities conducted through their Account and for maintaining the confidentiality of their login credentials. Sharing an Account with other persons without Gamma Print’s consent and using an Account belonging to another person are prohibited.

Gamma Print may require completion of CAPTCHA validation codes or apply other technical safeguards in cases of unusual traffic, automated-access attempts, security risks or behaviour that may affect the normal operation of the Website. The use of CAPTCHA systems and similar technical measures may involve the processing of certain data, including IP address, browsing behaviour and interactions, on the basis of Gamma Print’s legitimate interest in ensuring Website security in accordance with the GDPR.

Art. 6. Gamma Print’s Obligations

Gamma Print applies its professional and technical expertise to produce the Goods and Services in accordance with the confirmed Specifications, the nature of the products ordered and the technical limitations of the production, customisation, printing, engraving, packaging and delivery processes.

Confirmed Orders are processed subject to the availability of products, materials, equipment and suppliers, production capacity and applicable logistical conditions. Where reasonably possible, Gamma Print informs the Client/Buyer, before the Order enters production, of any relevant changes to the Order, product unavailability, significant delays, need for clarification or errors identified in submitted files.

Information published on the Website is provided for information purposes and may be amended without prior notice. For reasons of space, consistency or offer updates, product descriptions may not include every detail. The Client/Buyer must request clarification before ordering where particular Specifications are essential for the intended use. Gamma Print ensures appropriate packaging of the Goods according to their nature and provides the necessary accompanying documents in accordance with applicable law and the confirmed commercial conditions.

Art. 7. Obligations of the Client/Buyer

By accepting these Terms and Conditions, the Client/Buyer undertakes to:

provide true, accurate, complete and up-to-date information for the Account, Order, invoicing, delivery, customisation and communications;
for customised products, provide correct, complete, legible, technically compliant and lawful files, images, texts, logos, databases, artwork and instructions, and approve the Print Approval when requested;
assume full responsibility for the creation, customisation, management, accuracy, lawfulness and right of use of the information, images, texts, logos, files and databases supplied to Gamma Print;
warrant that the materials supplied do not infringe copyright, trademarks, image rights, personal-data protection rights, third-party rights or any applicable legal provisions;
comply with all rules concerning copyright, intellectual property, personal-data protection, advertising, fair competition, image rights, trademarks and any other rules applicable to the ordered materials;
indemnify Gamma Print against direct, reasonable and proven damage, costs, penalties, claims, loss of profit, defence costs or losses arising from the materials, data, files or instructions supplied where they breach the law, third-party rights or obligations assumed under this document.

The Client/Buyer accepts that Gamma Print may disclose data, information or materials to authorities, courts, criminal-investigation bodies, advisers or other recipients where required by law or where disclosure is necessary to protect Gamma Print’s rights and legitimate interests.

Art. 8. Products, Services and Availability

Gamma Print may publish information on the Website concerning products, services, offers and promotions available during a particular period, subject to available stock or production capacity.

Products and/or Services purchased through the Website are intended for use by the Client/Buyer for the stated purpose or the purpose arising from the nature of the Order. For Orders placed by legal entities or Professionals, the products may be used for commercial, promotional, institutional or internal purposes or for resale, where permitted by the nature of the products and the applicable commercial arrangements.

Gamma Print may limit the ability of one or more Clients/Buyers to purchase certain products or services where objective reasons exist relating to stock, suppliers, production, logistics, commercial risk or abusive use. Products may be displayed with availability notices such as “in stock”, “out of stock”, “limited stock”, “available to order”, “delivery within 1–2 weeks”, “available for special orders” or similar wording. Such information is indicative and may change until the Order is firmly confirmed. If an ordered product can no longer be delivered because of unavailability, a stock error, a technical or human error, withdrawal of the product from the supplier’s range or another objective reason beyond Gamma Print’s control, Gamma Print shall inform the Client/Buyer and propose one of the following solutions: (a) replacement with an equivalent product of comparable quality and price, subject to the Client/Buyer’s consent; (b) amendment of the Order; or (c) cancellation of the Order and full reimbursement of amounts paid within no more than 14 days from the cancellation date.

Art. 9. Prices, Invoicing and Payment

Currency and VAT. Prices displayed on the Website are expressed in Romanian lei (RON), including or excluding VAT depending on the applicable display format. They may not include customisation, transport, special packaging, multiple deliveries or other additional services. The applicable final price is the price confirmed by Gamma Print in the Order, quotation, pro forma invoice or Order-confirmation e-mail.

Pricing Errors. Given the large number of products, pricing display errors may occur. Gamma Print shall take steps to correct such errors as soon as possible. If a displayed price is manifestly unrealistic or nominal, or clearly results from a technical error or unauthorised interference, Gamma Print may cancel the Order or request confirmation of the correct price before fulfilment. In such circumstances, the Client/Buyer shall be informed and may confirm the Order at the correct price or cancel it without additional cost.

Invoicing. The price, payment method and payment due date are specified in the Order, quotation, pro forma invoice or confirmation e-mail. Gamma Print issues the tax invoice for the Goods and Services supplied, and the Client/Buyer must provide all information required for accurate invoicing in accordance with the tax legislation in force.

Advance Payment. Gamma Print may require full or partial advance payment depending on the Order value, the nature of the products, the degree of customisation, the Client/Buyer’s history, product availability or commercial risk. Processing of the Order may be conditional upon actual confirmation that payment has been received.

Payment Methods. Depending on the Order and the options active at the relevant time, available payment methods may include bank transfer/payment order, cash on delivery, online card payment, PayPal or other electronic methods available on the Website or confirmed by Gamma Print.

Payment by Bank Transfer. The Client/Buyer shall receive the information required to make payment. Unless the parties agree otherwise in writing, the Order may be processed or delivered only after actual receipt of payment has been confirmed. To expedite the process, the Client/Buyer may send a copy of the payment order by e-mail.

Required Payment Method. For reasons relating to internal policy, payment and delivery security, Order value, Client history or product nature, Gamma Print may require a specific payment method. If the Client/Buyer refuses the required method, the Order may be cancelled without any further contractual obligations.

Consumer-Protection Provisions. Consumer rights concerning price transparency and pre-contractual information under Government Emergency Ordinance No. 34/2014 are not affected by these provisions.

Art. 10. Online Ordering and Final Confirmation

The Client/Buyer may order products and services available at a given time on the Website or through direct communication with Gamma Print. By completing the Order, the Client/Buyer confirms that all information supplied for purchasing, invoicing, customisation and delivery is accurate, complete and genuine as at the Order date. By placing the Order, the Client/Buyer agrees that Gamma Print may contact them using available or agreed means, including telephone, e-mail or electronic messaging, for the purpose of validating product availability, confirming quantities and the Order value, checking files, clarifying Specifications, establishing delivery details or sending/approving the Print Approval.

Gamma Print may cancel an Order, including without prior notice, in any of the following circumstances:

the information supplied is incomplete, inaccurate or false;
payment has not been confirmed or the Transaction has been invalidated;
the Client/Buyer does not respond to requests for clarification within a reasonable period;
the products or services are unavailable;
previous deliveries have been refused;
there are indications of fraudulent or abusive activity;
the materials supplied breach the law or third-party rights;
other objective and legitimate grounds exist.

Where reasonably possible, the Client shall be informed of the reasons for cancellation of the Order. An Order already placed is not amended automatically. Amendments are possible only before the Order enters production or customisation, a firm order is placed with the supplier, special packaging begins or another irreversible stage is reached; after that stage, amendment or cancellation is no longer possible.

Delivery Methods. The Client/Buyer may receive the products by express courier or collect them from Gamma Print’s premises/showroom at 1 Fundătura Hărmanului Street, Brașov, where that option is available and confirmed by Gamma Print.

Art. 11. Transport and Delivery

Delivery Time. The delivery period is the period confirmed in writing when the Order is placed and, for customised products, begins on the date the Print Approval is approved. The period may be affected by stock, production, customisation, technical clarifications, supplier availability, courier capacity, peak periods or circumstances beyond Gamma Print’s will or reasonable control. Gamma Print shall inform the Client/Buyer of any

significant delay.

Delivery Cost. Delivery costs depend on parcel weight and volume, Order value, destination, additional kilometres charged by the courier, number of parcels, any required overpacking and the specific logistical conditions of the Order. The final transport cost is communicated upon Order confirmation on the basis of the specific Order details.

For information purposes, the following charges may apply to standard deliveries within Romania:

free delivery for Orders with an invoiced value of at least RON 3,000, including VAT;
RON 75, including VAT, for Orders with an invoiced value below RON 1,000, including VAT;
RON 50, including VAT, for Orders with an invoiced value between RON 1,000 and RON 2,999.99, including VAT.

These charges are indicative and may be adjusted according to the characteristics of the Order, courier charges, volumetric weight, destination, special deliveries or other logistical conditions. The transport cost confirmed by Gamma Print at checkout shall apply to each Order.

Multiple Deliveries. At the Client’s request, Gamma Print may arrange delivery to multiple locations for an additional charge, subject to availability and the nature of the Order. Overpacking and transport costs are communicated according to weight, volume per parcel and destination address.

Transfer of Risk. In relations with Consumers, the risk of loss of or damage to the products passes upon actual delivery to the Consumer or to the person designated by the Consumer, in accordance with Government Emergency Ordinance No. 34/2014.

In relations with Professionals, risk may pass when the Goods are handed over to the carrier unless the parties agree otherwise. If the Client/Buyer requests a different courier company or uses its own carrier, risk passes when the Goods are handed over to that carrier or its representative, to the extent permitted by law.

Liability for Delivery. Gamma Print shall not be liable for delays, losses, damage or inability to deliver caused exclusively by the courier company, incorrect delivery details supplied by the Client/Buyer, absence of the recipient, unjustified refusal to accept the parcel, force majeure events or circumstances outside Gamma Print’s direct control. Gamma Print shall provide reasonable assistance in clarifying matters arising in relation to the courier company.

Art. 12. Acceptance of Products and Transfer of Title

Retention of Title. Title to the Goods passes to the Client/Buyer upon delivery at the location specified in the Order, but only after the price, including any confirmed additional costs, has been paid in full. Until full payment, Gamma Print retains title to the delivered Goods in accordance with the Romanian Civil Code. This does not apply where the parties have agreed different commercial terms in writing.

Acceptance of Products. Acceptance of a product by the Client/Buyer confirms receipt. It does not limit the Client/Buyer’s right to report lack of conformity, hidden damage or errors that could not reasonably have been observed at the time of receipt, in accordance with this document and applicable law.

Duty to Inspect. To the extent possible, the Client/Buyer must inspect the parcel upon receipt and promptly report any visible damage, missing products, delivery error or lack of conformity. For visible damage or shortages identifiable upon delivery, the Client is advised to notify Gamma Print within 48 hours to facilitate prompt resolution. This recommendation does not limit statutory rights relating to warranties or lack of conformity.

Transport Damage. In the event of damage occurring during transport, the Client/Buyer must provide photographs and, where permitted by the courier company, request an official damage report. The absence of such a report may limit the ability to resolve the claim against the courier.

Art. 13. Quality, Warranties and Conformity

Each product sold benefits from the warranties applicable under Romanian law in force and according to the nature of the product.

Consumers. In relations with natural persons/Consumers, the statutory guarantee of conformity is provided under Government Emergency Ordinance No. 140/2021 on certain aspects concerning contracts for the sale of goods, insofar as that legislation applies to the products ordered.

Professionals. In relations with legal entities and Professionals, warranties, remedies and liability apply in accordance with the confirmed commercial terms, the warranty certificate, the manufacturer’s/supplier’s Specifications and this document, without limiting any rights that cannot lawfully be excluded.

Customised Products and Technical Limitations. For customised products, Gamma Print cannot guarantee a result that exceeds the technical limitations of the materials, files, production processes and confirmed Specifications. Minor differences in colour, shade, intensity, positioning, texture, finish, brightness or appearance may occur between the preview, on-screen image, artwork and final product. Such differences may result from differences between digital and physical media, monitor settings, materials used, production batches, customisation techniques or manual intervention. Minor variations inherent in customisation processes are not considered defects where the final product complies with the Print Approval, confirmed Specifications and the technical limitations of the process used.

Supplier/Manufacturer Commercial Warranty. For products covered by a commercial warranty granted by the manufacturer/supplier, the applicable warranty terms are those stated in the warranty certificate or accompanying documents. Depending on the nature of the product, Gamma Print may facilitate communication with the supplier or manufacturer.

Warranty Exclusions. The warranty does not cover damage caused by improper use, mechanical shock, exposure to liquids, chemicals or extreme temperatures, unsuitable storage conditions, unauthorised intervention, normal wear and tear, incorrect handling, use for a purpose other than that for which the product was designed, or failure to follow the instructions for use.

Art. 14. Returns Policy

Exception for Customised Products. Pursuant to Government Emergency Ordinance No. 34/2014, products made to the Consumer’s specifications or clearly personalised are exempt from the right of withdrawal applicable to distance contracts. Customised products cannot be returned where they comply with the Print Approval, Specifications, design and instructions approved by the Client/Buyer, except in cases of lack of conformity, incorrect customisation attributable to Gamma Print or damage established in accordance with this document.

Return of Non-Conforming Customised Products. Customised products may be returned only where the customisation is incorrect due to Gamma Print’s fault, meaning that it does not comply with the approved design, Print Approval or Specifications, or where the product has been damaged, subject to the provision of the necessary evidence, including, where possible, the damage report issued by the courier company. In such circumstances, Gamma Print may, at its discretion: (i) reproduce the product, generally within 7 business days; (ii) replace the product with a conforming product; or (iii) reimburse its price where reproduction or replacement is not possible.

Conforming Customised Products. Customised products cannot be returned where they comply with the design/Print Approval and are not damaged, as they are manufactured to the Client/Buyer’s express order on the basis of the Client/Buyer’s design, data, files and instructions.

Non-Customised Products. Non-customised products may be returned where: (a) the product received is not the product ordered; or (b) the product received has been damaged during handling or transport. For transport damage, the Client/Buyer must report the matter as soon as possible, provide photographs and, where permitted by the courier company, request an official damage report. The absence of such a report may make it more difficult or may limit the ability to resolve the claim.

Consumers’ Right of Withdrawal. For non-customised products purchased by natural persons/Consumers, the Consumer has the right to withdraw from the distance contract within the period and subject to the conditions laid down in Government Emergency Ordinance No. 34/2014, taking account of the statutory exceptions, including those applicable to customised products or products made to the Consumer’s specifications.

Return Procedure. The Client/Buyer must: (a) notify Gamma Print in writing of the intention to return the product by e-mail to office@gammaprint.ro before dispatching it, stating the Order number, reason for return and, where relevant, providing photographs of the product; (b) return the product in its original packaging or other suitable packaging, together with all accessories, documents and original labels; and (c) use a courier service that provides parcel tracking.

Condition of Returned Products. Non-customised products must be returned without damage, improper use or wear exceeding the handling necessary to establish the nature, characteristics and functioning of the product. Damage to products or returning them in a condition that prevents resale may result in a reduction of the amount reimbursed or refusal of the return, to the extent permitted by law.

Return Costs. Transport costs associated with a return are borne by the Client/Buyer, except where the return results from a lack of conformity attributable exclusively to Gamma Print or a delivery error caused by Gamma Print, in which case Gamma Print shall bear reasonable and documented return costs.

Reimbursement. The price of products validly returned shall be reimbursed within the applicable statutory period after receipt of the product or proof of dispatch, as applicable, by bank transfer to the account specified by the Client/Buyer or by the payment method initially used. Cash or cash-on-delivery reimbursements are not made unless expressly confirmed by Gamma Print. To the extent permitted by law, the value of services already performed, initial transport and special packaging may be non-refundable. Where a Consumer exercises the statutory right of withdrawal, Gamma Print shall also reimburse the cost of the initial standard delivery in accordance with Government Emergency Ordinance No. 34/2014. Gamma Print shall not be liable for parcels lost or damaged during return transport for reasons attributable to the carrier selected by the Client/Buyer.

Art. 15. Intellectual Property Rights

All Website Content, including images, texts, graphics, symbols, graphic elements, scripts, programs, structures, concepts, materials and other original works, belongs to Gamma Print or its suppliers/partners and is protected by intellectual and industrial property legislation, including Law No. 8/1996 on copyright and related rights and Law No. 84/1998 on trademarks and geographical indications.

The User, Member, Client or Buyer may not copy, transfer, modify, distribute, sell, publish, reproduce, incorporate into other materials or use Website Content for any purpose other than those expressly permitted by Gamma Print.

By submitting information, images, texts, logos, graphic files or materials through the Website or any other communication channel, the Client/Buyer grants Gamma Print a non-exclusive, royalty-free licence limited to performance of the Order, allowing Gamma Print to use, reproduce, technically adapt, process, store and transmit such materials, including to subcontractors involved in fulfilling the Order. The Client/Buyer warrants that they are the author of the materials supplied or hold the rights required to use, reproduce, modify, transmit and order them in the requested form. Gamma Print may refuse to fulfil an Order where the supplied materials infringe Intellectual Property Rights, image rights, legal provisions, public morals, public policy or third-party rights.

Art. 16. Commercial Confidentiality

Information of any kind supplied to Gamma Print by the Client/Buyer may be used for performance of the Order/Contract, communication with the Client/Buyer, invoicing, delivery, support, archiving, compliance with legal obligations and the protection of Gamma Print’s rights. Gamma Print shall not disclose the Client/Buyer’s confidential information without the Client/Buyer’s consent, except where disclosure is necessary for performance of the Order, cooperation with subcontractors involved in fulfilling the Order, compliance with a legal obligation, or protection of Gamma Print’s rights and legitimate interests. The Client/Buyer undertakes to preserve the confidentiality of any commercially sensitive information obtained in connection with its relationship with Gamma Print, including, without limitation, individually negotiated prices, commercial discounts, customised quotations, artwork and graphic concepts created by Gamma Print, production processes and methods, information concerning suppliers or partners, financial data and any other non-public information. Without Gamma Print’s prior written consent, the Client/Buyer shall not make public statements, issue press releases, publish social-media posts, promotions or reviews that disclose confidential information, or make any other disclosure to third parties concerning an Order, collaboration, price, quotation, process, artwork, product, work or commercial information received from Gamma Print. This clause does not restrict the Client’s right to publish genuine and legitimate opinions, reviews or assessments concerning its commercial experience with Gamma Print and shall not be construed as prohibiting legitimate public criticism or reports to the competent authorities.

Exceptions to the Duty of Confidentiality. The duty of confidentiality does not apply to information that: (a) is or becomes public through no fault of the Client/Buyer; (b) was known to the Client/Buyer before its relationship with Gamma Print; (c) was lawfully obtained from a third party without a duty of confidentiality; or (d) is disclosed pursuant to a legal obligation or court order, in which case the Client/Buyer shall notify Gamma Print in advance to the extent permitted by law.

A breach of the confidentiality obligations set out in this Article may give rise to the Client/Buyer’s civil liability for damage caused to Gamma Print in accordance with the Romanian Civil Code.

Art. 17. Assignment and Subcontracting

Gamma Print may assign and/or subcontract to third parties services required to fulfil an Order, including production, customisation, printing, engraving, embroidery, packaging, transport, payment-processing services, technical maintenance, web hosting, IT services, accounting or operational support, without obtaining the Client/Buyer’s prior consent for each individual subcontractor. Gamma Print shall ensure that the subcontractors involved comply with obligations equivalent to those assumed towards the Client/Buyer regarding quality, confidentiality and personal-data protection.

General Authorisation for Sub-processors under the GDPR. To the extent that Gamma Print acts as a processor within the meaning of Regulation (EU) 2016/679 (GDPR), by accepting these Terms and Conditions the Client/Buyer, acting as controller, grants Gamma Print prior general authorisation to engage sub-processors to provide the requested services. Gamma Print shall inform the Client/Buyer of any intended change concerning the addition or replacement of sub-processors and shall allow the Client/Buyer to submit reasoned objections within 10 business days of notification. The Client grants general authorisation for the use of sub-processors required to perform the Services, subject to the right to raise reasonable and substantiated objections.

If, within the 10-business-day period referred to above, the Client/Buyer raises substantiated and reasonable objections to a new sub-processor, the parties shall use reasonable efforts to identify a solution. Until the objection is resolved, Gamma Print shall not transfer the Client/Buyer’s personal data to the sub-processor concerned. If no reasonable solution can be reached within a reasonable period, either party may terminate, without penalty, the part of the Order/Contract that can no longer be performed without that sub-processor. Gamma Print shall contractually impose on sub-processors the same data-protection obligations as those assumed under this Article in accordance with the GDPR and shall remain fully liable to the Client/Buyer for their performance of those obligations.

Art. 18. Processing of Personal Data

Gamma Print as Controller. Gamma Print’s processing of personal data in its capacity as controller is governed by the Privacy Policy available on the Website, which forms an integral part of these Terms and Conditions. Information, including personal data and contact details supplied by the Client/Buyer concerning themselves or their company, is used in accordance with this document, the Privacy Policy, the Cookie Policy and applicable law.

Gamma Print as Processor under the GDPR. For certain Orders, Gamma Print may have access to personal data processed by the Client/Buyer in its capacity as controller. In this context, Gamma Print acts as processor or sub-processor, as applicable. This Article constitutes the data processing agreement within the meaning of the GDPR.

In its capacity as processor, Gamma Print undertakes to:

process personal data only on the documented instructions of the Client/Buyer and solely for the purpose of fulfilling the Order, unless processing is required by European Union or national law, in which case Gamma Print shall inform the Client/Buyer in advance;
ensure that persons authorised to process personal data are bound by a duty of confidentiality or have undertaken to comply with such a duty;
implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in accordance with the GDPR;
notify the Client/Buyer, acting as controller, without undue delay and, where possible, no later than 48 hours after becoming aware of any personal-data breach affecting data processed on the Client/Buyer’s behalf. To the extent that information is available, the notification shall describe the nature of the breach, the categories and approximate number of data subjects and records affected, the likely consequences, and the measures taken or proposed to remedy and mitigate its effects, so that the controller can comply with its own notification obligations under the GDPR;
comply with the conditions applicable to the engagement of sub-processors under the general authorisation provided for in these Terms and Conditions;
assist the Client/Buyer, through appropriate technical and organisational measures, in responding to requests concerning the exercise of data-subject rights, including access, rectification, erasure, restriction, portability and objection;
assist the Client/Buyer in ensuring compliance with obligations concerning data security, breach notification and data-protection impact assessments;
upon termination of the processing services, at the Client/Buyer’s choice, delete or return all personal data and delete existing copies, unless European Union or national law requires their retention, in which case Gamma Print shall inform the controller of the retention obligation;
make available to the Client/Buyer all information necessary to demonstrate compliance with the GDPR and permit audits; Gamma Print shall inform the Client/Buyer if, in its opinion, an instruction infringes the GDPR or other applicable data-protection provisions.

This Article establishes the general framework. If the nature of an Order requires additional conditions, the parties may enter into a separate data processing agreement.

Art. 19. Fraud and Abusive Use

Gamma Print does not request clients or users to provide personal passwords, confidential login credentials or complete bank-card details by e-mail, telephone, SMS or other means of communication. Information required for invoicing, payment or clarification of an Order may be requested within the limits of the law. The Client, Member or User is fully responsible for disclosing their confidential information, passwords or access credentials to third parties.

The following are prohibited:

unauthorised access to another User’s data or to Gamma Print’s information systems;
alteration of Website Content or impairment of server performance;
use of false Accounts or the identity of another person;
transmission of viruses, malware, spam, political campaigns or unauthorised advertising;
transmission of chain letters or any other form of abusive use of the Website or electronic communications.

Gamma Print may block access, cancel Orders, suspend Accounts, withdraw improperly obtained benefits and notify the competent authorities in cases of attempted fraud, abusive use or breach of the law.

Art. 20. Limitation of Liability

To the extent permitted by applicable law, Gamma Print shall not be liable for:

indirect damage, loss of profit, commercial loss, loss of opportunity or reputational damage;
errors contained in files, texts, images, artwork, Specifications or instructions approved or supplied by the Client/Buyer;
non-conformities resulting from incomplete, inaccurate or unclear information supplied by the Client/Buyer;
improper use, unsuitable storage or defective handling of products after delivery;
delays or failures attributable to suppliers, couriers, payment processors or other independent third parties;
minor variations inherent in production and customisation processes, within the reasonable technical limitations of the materials and technologies used.

Gamma Print is responsible for performing the obligations assumed under the confirmed Order, within the limits of the law and this document. If subcontractors or partners involved in fulfilling the Order fail to perform their obligations, Gamma Print shall use reasonable efforts to remedy the situation to the extent that it has effective control over the process.

Gamma Print’s total liability to the Client/Buyer arising out of or in connection with the performance of an Order shall not exceed the amount actually paid by the Client/Buyer for the Order giving rise to the damage, except where mandatory law provides otherwise, including mandatory consumer-protection provisions, fraud or wilful misconduct, gross negligence, personal injury or other mandatory statutory obligations.

Gamma Print treats commercial information, graphic materials, artwork and documents received from clients as confidential and shall not disclose them to third parties except where necessary for performance of the Contract or required by law.

These limitations of liability do not apply to damage caused intentionally or through gross negligence and do not affect consumers’ statutory rights guaranteed by mandatory applicable law. The liability caps do not apply to personal injury/death or statutory consumer rights; the Consumer retains the right to bring proceedings before the court having jurisdiction at the Consumer’s domicile; confidentiality concerning prices/quotations applies primarily to the Professional Buyer.

Art. 21. Force Majeure and Fortuitous Events

Neither party shall be liable for total or partial failure to perform its contractual obligations where such failure is caused by force majeure or a fortuitous event as defined by the Romanian Civil Code. Force majeure events include, without limitation, armed conflicts, terrorist acts, fires, explosions, floods, epidemics, pandemics, major utility outages, widespread cyberattacks, logistical blockages, measures imposed by public authorities or other external, unforeseeable, absolutely insurmountable and unavoidable events. The party invoking force majeure must notify the other party within a reasonable period after the event occurs and use reasonable efforts to mitigate its effects. Performance of the affected obligations shall be suspended for the duration of the force majeure event without liability for damages, to the extent permitted by law.

Art. 22. Governing Law and Jurisdiction

This document is governed by and shall be construed in accordance with Romanian law. Any dispute arising out of or in connection with use of the Website, placement of Orders, performance of Contracts or interpretation of these Terms and Conditions shall first be resolved amicably through direct negotiations between the parties. If an amicable resolution cannot be reached within a reasonable period, the dispute shall be submitted to the competent Romanian courts in accordance with the jurisdiction rules laid down in the Romanian Code of Civil Procedure.

Consumers may also use the following alternative dispute-resolution mechanisms:

the Romanian National Authority for Consumer Protection (ANPC), https://reclamatiisal.anpc.ro/, or the European Consumer Centre Romania (ECC Romania).

This clause does not limit the rights granted by consumer-protection legislation or the right of Consumers to refer matters to the competent authorities.

Art. 23. Final Provisions

This document is supplemented by the following:

the Privacy Policy;
the Cookie Policy;
the specific conditions applicable to each Order;
the Print Approval;
the commercial quotation;
the pro forma invoice and tax invoice;
the transport documents;
the warranty certificates;
any written communications confirmed by Gamma Print in connection with an Order.

If one or more provisions of these Terms and Conditions are deemed void by operation of law or unenforceable, this shall not affect the validity of the remaining provisions, which shall continue to apply to the extent permitted by law. Gamma Print’s failure to exercise a right under these Terms and Conditions shall not be construed as a waiver of that right. In the event of differences between general information available on the Website and the conditions expressly confirmed in an Order, the confirmed conditions shall prevail for that Order, subject to applicable law. In the event of inconsistencies between general information published on the Website and conditions expressly confirmed in writing for a particular Order, the specific written conditions confirmed for that Order shall prevail, subject to the mandatory provisions of applicable law.

Last updated: June 2026.