These Terms & Conditions apply to purchases made at datria.me (the “Website”) from Roberto Simoes, trading as dAtria (“dAtria”, “we”, “us”, “our”).
Please read them carefully before ordering. We may update these Terms from time to time. The version published on the Website at the time you place your order applies to that order. Your statutory consumer rights remain unaffected.
Related policies and pages:
- Privacy Policy: https://datria.me/privacy-policy/
- Delivery & Returns: https://datria.me/shop/delivery-returns/
- Contact: https://datria.me/contact/
1. About us (Imprint)
Roberto Simoes
Wisbyer Str. 4, 10439, Berlin, Germany
VAT Number: DE297097111
Managing Director: Roberto Simoes
2. Product types covered by these Terms
These Terms cover four product types sold on the Website:
- Original Art: one-of-one physical artwork
- Digital Downloads: downloadable files (for example: Digital Amulets, wallpapers)
Some sections apply to all product types. Where a rule applies only to one category, it is stated explicitly.
3. Ordering and contract formation
When you place an order, you receive an order confirmation email acknowledging your order details. A purchase contract is formed once we accept your order and confirm it by email.
We may decline or cancel an order if:
- the item is unavailable
- the order does not pass our quality checks
- payment authorization fails
- we reasonably suspect fraud or misuse
If we cancel an order after you have paid, we will refund you.
4. Pricing, errors, and availability
We aim to keep all information on the Website accurate. If we discover a pricing or description error affecting your order, we will contact you as soon as possible to let you choose between:
- confirming the order at the correct price
- canceling the order for a full refund
If an item is out of stock or delayed, we will contact you using the email address provided at checkout. If we cannot reach you, we may cancel the order and refund you.
5. Payment
Payments are processed securely through Stripe. Major credit cards are accepted.
If your payment provider refuses to authorize payment, we are not responsible for resulting delays or non-delivery. We may cancel the order.
6. Shipping, delivery, and risk (physical products)
We aim to deliver to the address you provide within the delivery estimate shown at checkout. Delivery dates are estimates, not guarantees.
Tracking information is sent by email when available.
Risk of loss transfers to you when you (or a third party you nominate) take physical possession of the goods. If there is visible damage on delivery, document it and contact us promptly via the contact form.
If a parcel is returned because it could not be delivered due to incorrect address information or repeated delivery failure, you may be responsible for re-delivery costs.
If a parcel is lost in transit, contact us and we will help investigate with the carrier and assess next steps.
For shipping details, delivery times, and return logistics, see our Delivery & Returns page.
7. Duties and taxes (international orders)
All orders ship DDP (Delivered Duty Paid). Import duties, taxes, and customs fees are included in the shipping price. You will not be charged additional fees on delivery.
8. Returns, refunds, and category-specific rules
Your statutory consumer rights remain unaffected. The policies below explain how dAtria handles returns and refunds by product type.
8.1 Defective or damaged items (all physical products)
If a physical item arrives damaged or defective, contact us via the contact form and include:
- order date and order or invoice number
- your name and contact details
- a short description of the issue
- clear photos of the product and packaging
We will review and, depending on the case, offer a replacement, repair, or refund in line with applicable law.
8.2 Original Art (one-of-one)
Because Original Art is unique, please read the listing details carefully before purchase.
- Original Art is shipped insured. We do not offer uninsured shipping for Original Art.
- You may cancel before shipment. Once the artwork has been handed to the carrier, we do not accept cancellations or voluntary returns due to change of mind.
- If Original Art arrives damaged or defective, we will handle it under the defective items policy above.
- Your statutory consumer rights remain unaffected.
8.3 Digital Downloads
Digital Downloads are delivered electronically (for example via a download link).
- If you have trouble accessing or downloading your file, contact us and we will fix delivery (for example by providing a new link).
- Refunds for Digital Downloads: once a digital file has been delivered or downloaded, refunds may not be available, except where required by law. If you cannot access or use your file, contact us and we will attempt to fix delivery. If delivery still cannot be completed after a reasonable fix attempt, we will refund the purchase.
9. Right of withdrawal (EU and EEA consumers)
If you are a consumer in the EU or EEA, you may have a legal right of withdrawal for certain purchases.
Notes by product type:
- Original Art (one-of-one): you may cancel before shipment. Once the artwork has been handed to the carrier, we do not accept cancellations or voluntary returns due to change of mind. Any statutory withdrawal rights remain unaffected, unless a legal exception applies.
- Digital Downloads: after your purchase is completed and delivery begins, you lose the right of withdrawal.
To exercise a withdrawal right, you must inform us by a clear statement (for example by email). You can use the model withdrawal form below, but it is not required.
If you withdraw, we will refund the payment we received from you, excluding shipping costs and transaction fees, where permitted by law. We may withhold reimbursement until we have received the goods back or you have provided evidence that you have sent the goods back, whichever is earlier.
Return address:
Roberto Simoes Wisbyer Str. 4, 10439, Berlin, Germany
Model withdrawal form
To: Roberto Simoes, Wisbyer Str. 4, 10439, Berlin, Germany
I or We hereby give notice that I or We withdraw from my or our contract of sale of the following goods:
Ordered on or received on:
Name of consumer(s):
Address of consumer(s):
Signature (only if submitted on paper):
Date:
10. Liability
Nothing in these Terms limits or excludes liability where it would be unlawful to do so.
Subject to that, we are not liable for indirect or consequential losses arising from your use of the Website or from the purchase of products, except where required by applicable law.
11. Intellectual property
All Website content, including artwork, designs, logos, photographs, text, and other materials, is owned by or licensed to dAtria and protected by intellectual property laws.
Purchasing a physical artwork does not transfer copyright or other intellectual property rights, unless explicitly stated in writing.
For Digital Downloads, you receive a personal, non-exclusive, non-transferable license to download and use the file for your own personal use only. You may not resell, redistribute, share, publish, or commercially exploit the file unless explicitly permitted in writing.
You may use the Website for personal, non-commercial purposes only. Any reproduction or commercial use requires prior written permission.
12. Governing law and resolving issues
These Terms are governed by the laws of Germany, excluding conflict of law provisions. Mandatory consumer protection rules of your country of residence remain unaffected.
If you have a question, complaint, or dispute, please contact us first via https://datria.me/contact/ and we will try to resolve it.
13. Changes to these Terms
We may change these Terms at any time. Changes do not affect orders already placed. Continued use of the Website after changes are published means you accept the updated Terms for future visits and purchases.
Last updated: 2026-03-23