General Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS FROM THE ONLINE STORE

 

These Terms and Conditions govern the relationship between Seller and the Buyer in transactions between them for the purchase and sale of goods through the Seller's online store.

 

1. GENERAL

 

1. The Seller is „Artefino” EOOD with UIC 205446135, registered office and registered address. Sofia, Sofia Blvd. with registered office and address at 72 Simeonovsko shose.
2. The Buyer is any adult individual or legal entity logged in as a guest or registered in the Seller's online store who wishes to purchase goods from the Seller.
3. The Seller is obliged to send the goods only in compliance with these General Terms and Conditions (GTC). Certain of the provisions in these GTC are directly binding only on consumers under the Consumer Protection Act and the Digital Content and Digital Services and Sale of Goods Act and do not apply to Buyers, whether, legal entities or individuals who use the purchased products in their commercial or professional activities. Such clauses are expressly mentioned as applying only to Consumers individuals who use the goods for purposes other than in the course of a trade or profession. All other clauses in these GTC apply to any Buyer, regardless of its quality.
4. Upon purchase, the Buyer shall provide the Seller with the necessary data for the conclusion of the sales contract, namely names, delivery address, e-mail, telephone number, method of delivery and payment.

 

 

1. CONCLUSION OF A CONTRACT FOR THE PURCHASE AND SALE OF GOODS AND DELIVERY OF THE PURCHASED GOODS

 

5. Before the Customer is bound by a contract or an offer to enter into a contract, including a distance contract or an off-premises contract, Seller provide the Customer in a clear and understandable manner with all information required by law unless it is clear from the context or from the nature and character of the goods. The information referred to in the preceding sentence includes, but is not limited to, a description of the main characteristics and an image of each Good, the selling price inclusive of VAT, information on payment and delivery methods. The Seller and the Buyer shall enter into a valid contract for the purchase of goods from the online store once the Buyer has followed the online ordering procedure and finalised the order. Once the order has been finalised, the Buyer shall receive confirmation of the order at the e-mail or telephone number indicated by the Buyer, after which the Seller shall send the goods to the address indicated by the Buyer. The moment of conclusion of the contract between the parties shall be deemed to be the moment of payment by the Buyer of the price of the goods, in the manner and at the address chosen by him. The Seller reserves the right to refuse to process the order after having sent its confirmation to the Buyer, and any amounts paid by the Buyer shall be fully refunded. The Seller may refuse to process the order when there are reasonable grounds to suspect that the order is not authentic, including that it does not originate from the Buyer described in the same or when the product requested with the order is temporarily unavailable due to out of stock or when the order is requested from or to an address outside the territory of the Republic of Bulgaria or other technical reasons.
6. 6. For the purchase of goods the Buyer should select the desired product from the Seller's catalogue. The Buyer should provide the necessary data for the conclusion of the sales contract, namely names, delivery address, e-mail, telephone number, method of delivery and payment.

By carrying out the actions in the preceding sentences, the Buyer declares that it agrees with these GTC, whereby it confirms the order.

7. 7. In the event of inaccurate data provided by the Buyer for delivery address and telephone number or absence of the Buyer at the address, as well as in the event of inability to deliver the goods for reasons beyond the control of the Seller, the goods shall be returned and remain in the Seller's warehouses. In this case, the goods shall not be kept by the Buyer unless paid for in advance. Where goods have been prepaid for, they shall be held for a period of 15 days from the date of return and, after the expiry of that period and if the Buyer does not claim them from the Seller, the Seller shall return the payment received. In the event of a return visit, the Buyer shall also pay the additional cost of transportation.
8. Upon confirmation of the order and receipt of payment, the Seller undertakes to deliver the requested product within the period agreed by confirming the Buyer's order, which period depends on the availability of the goods and the couriers. Some of the goods from the Seller's catalogue may be delivered to the Buyer by a third party trader with whom the Seller has a joint operating agreement.
9. 9. All product orders are subject to availability and the Seller does not guarantee that any item listed in the online catalogue for which availability is indicated is not out of stock. In this regard, if difficulties arise with respect to the delivery of products or there are no more items remaining in stock, Seller reserves the right to offer Buyer substitute products of equal or greater quality and value that can be ordered. If the Buyer is unwilling to order replacement products, the Buyer's order shall be cancelled. If the Buyer wishes to receive the product of his choice and the same is not available in stock, the Buyer and the Seller shall agree an additional longer period within which the product could be delivered. All goods presented in the Seller's catalogue could have colour differences in the event that the hardware used by the Buyer when viewing the catalogue does not correctly objectify the colour range of the products. Seller shall not be liable for such differences.

III. PRICE, METHOD OF DELIVERY AND METHOD OF PAYMENT OF GOODS AND SERVICES

 

11. Methods of payment: cash on delivery, bank transfer or other method of payment agreed between the parties.
12. 12. The price of each product includes VAT. Prices are exclusive of installation of the goods.
13. 13. Deliveries are made by courier company, orders are sent within a period agreed between the parties. It is possible that in case of force majeure, such as delays and congestion in the courier company, bad weather conditions, state of emergency, strikes, etc., the delivery may be delayed, and the Seller shall not be liable for the delay.

The cost of delivery is calculated is paid directly to the courier and according to its price list.

When delivering goods, the Seller is obliged, regardless of whether the delivery is paid or free, to deliver the goods to the street nearest to the address indicated by the Buyer, but only if the infrastructure allows it. Standard delivery does not imply pick-up to an entrance, floor and exact apartment.

 

1. IV. REVIEW AND RIGHT OF WITHDRAWAL. WARRANTY

 

14. Upon delivery of the ordered goods, the Buyer shall have the opportunity to inspect and identify defects. In the event that the Buyer does not make any comments on the goods, it shall be deemed to have accepted them without comments or defects.
15. In the event that the right of withdrawal is valid depending on the product purchased, the Buyer shall have the right to exercise it within 14 days by returning the product to the Seller's address, at the Seller's own expense, without visible signs of use, without damaged commercial appearance and damaged packaging, together with all accompanying documents (invoice, receipt, protocol, etc.). Transport costs shall be borne by the Buyer.

The right of withdrawal under Article 50 of the CPA does not apply to Buyers individuals who purchase products from the Seller for the purpose of using them in their commercial or professional activities.

The right of withdrawal under Article 50 of the CPA shall not apply to contracts: 

1. for the provision of services where the service has been fully provided and performance has commenced with the consumer's express prior consent and acknowledgement that he knows he will lose his right of withdrawal once the contract has been fully performed by the trader;
2. for the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur during the period for exercising the right of withdrawal;
3. for the delivery of goods made to the user's order or according to his individual requirements;
4. for the delivery of goods which, by their nature, may deteriorate or have a short shelf life;
5. for the delivery of sealed goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
6. concluded during a public auction;

The right of refusal under Article 50 of the CPA does not apply to Buyers legal entities.

By exercising his right of withdrawal, the Buyer is obliged to return the goods in commercial condition. Merchantable means in a condition that allows the subsequent sale of the goods as new. The unpacking of the goods must not have led to any obvious deterioration of the merchantable appearance of the goods. In the event that the merchantability of the goods is impaired, the Seller shall be entitled, at its discretion, to refuse to accept the withdrawal or to charge the Buyer for the cost of restoring the goods to merchantable condition. Pursuant to Article 55(4) of the CPA, the consumer shall be liable for the diminished value of the goods caused by testing them other than as necessary to ascertain their nature, characteristics and proper functioning.

6. The applicable provisions of the Obligations and Contracts Act, the Digital Content and Digital Services and Sale of Goods Act or the Consumer Protection Act, whichever is applicable, shall apply to the warranty of the goods. The Seller accepts complaints at its address, every working day.

 

1. FINAL CLAUSES

 

17. The Seller is the data controller and guarantees the privacy of the information provided by the Buyer. Disclosure of personal data is possible subject to compliance with the statutory procedure for this. The Buyer has been informed that in order to fulfil the Seller's obligations to deliver the Goods, the Seller will process, including store, the personal data submitted by the Buyer precisely for the purpose of performing the Contract. The personal data will be stored, processed and deleted, respectively, in accordance with the requirements of applicable law, more information on which is contained in the Seller's Personal Data Processing Policy published on its website.
18. A cookie is a small text file that is stored on the computer or mobile device through which the Buyer has visited the website and is downloaded from it on subsequent visits. The Seller uses cookies in order to improve and facilitate each subsequent visit of the Buyer. Cookies are not used to store personal information or to disclose information to third parties. Detailed information about cookies is published on the Seller's website.
19. Seller shall not infringe the intellectual property rights of others. The Seller does not warrant that access to the Site will be uninterrupted, timely, secure or error-free to the extent beyond the Seller's ability, control or will. The services produced by the Seller remain wholly uncopyrightable and unauthorized use by third parties is subject to legal sanctions.
20. Except where expressly stated otherwise, each party to a Contract which is still in force shall not be liable for any default, in whole or in part, and/or where the obligations are outside the terms of the Contract, in the event that the default is due to Force Majeure. The party or its legal representative claiming force majeure must immediately and fully notify the other party of the occurrence of the event and take measures to prevent it in order to limit its consequences. The party or its legal representative who invokes the event described above is only relieved of liability if the occurrence of the event prevents it from performing the contract in good faith.
21. The Seller may change these GTC at any time and publish them on its website, giving notice of the change in a prominent place on its website.
22. In the event of a dispute between the Seller and the Buyer, the Buyer shall have the option of contacting the local Alternative Dispute Resolution Body (ADR/ ADRB) after failing to resolve the dispute with the Seller. The ADR body for the territory of the Republic of Bulgaria is:

General Conciliation Commission of the Commission for Consumer Protection, Sofia, pl. 4 A.

23. These General Terms and Conditions comply with Bulgarian law. For all cases not covered by these GTC, the current legislation in force in the Republic of Bulgaria shall apply. Bulgaria, and any disputes shall be referred to the competent court in the Republic of Bulgaria.

 

Compliance with these GTC is entrusted to the Consumer Protection Commission and the Commission for Personal Data Protection, with the following contact details:

Data Protection Commission:

Address. Sofia, ul. „Ivan Evstatiev Geshov” № 15,

Tel: (02) 940 20 46

Tel: (02) 940 36 46

Email: kzld@government.bg, kzld@cpdp.bg

Website: www.cpdp.bg

Consumer Protection Commission:

Address. 1000, Sofia, pl. „4A, floors 3,4 and 6

Tel: (02) 980 25 24

Tel: (02) 988 42 18

Hotline: 0700 111 22

Website: www.kzp.bg

 

Annex 1 - Standard form for exercising the right of withdrawal

Standard form for exercising the right of withdrawal:

 

(fill in and send this form only if you wish to withdraw from the contract)

 

- To „Artefino” EOOD with UIC 205446135, registered office and address of management. Sofia, Sofia Blvd. registered office and address: 72 Simeonovsko shose: - I/we hereby give notice* that I/we hereby withdraw* from the contract entered into by me/us* for the purchase of the following goods*/for the provision of the following service* - Ordered on*/received on* - Name of user(s) - Address of the user(s) - Signature of the user(s) (only if this form is on paper) - Date ------------------ * Unnecessary is crossed out.

 

Annex 2 - Information on the exercise of the right of withdrawal

Information on the exercise of the right of withdrawal

Standard cancellation guidelines:

1. The right to withdraw from a distance or off-premises contract.
2. You have the right to cancel this contract without giving any reason within 14 days.
3. The cancellation period is 14 days from the date on which you or a third party, other than the carrier and designated by you, took possession of the goods.

In order to exercise your right of withdrawal, you must notify us at the contact details provided on our website and of your decision to withdraw from the contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

You can use the attached standard opt-out form, but this is not required. You may also complete and submit electronically the standard opt-out form or other unambiguous opt-out request on our website. If you use this option, we will promptly send you a message in a durable medium (e.g. by email) to confirm receipt of the opt-out.

In order to comply with the withdrawal period, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

1. Effect of refusal.

If you cancel this contract, we will refund any payments we have received from you without undue delay and in any event no later than 14 days from the date we receive the goods back in the original form in which we sent them to you, without any signs of use, damage, contamination, integrity, features, functionality, originality, etc. The Goods must be returned to the Seller during business hours, in their original packaging, with their labels, with all of their associated items, including decorative cushions, fasteners and more, to be eligible for a refund. In the event that the Buyer returns the Goods to the Seller by courier, the shipping costs for the return of the Goods shall be paid to the supplier by the Buyer. In the event that the Seller is required to pay for the transportation services for the goods returned by the Buyer, the amount will be deducted from the amount the Seller is required to reimburse to the Buyer. In the event that the Seller receives the Goods from the courier in a non-commercial condition which does not meet the above conditions, the Seller shall be entitled to return the Goods to the Buyer without any refund being due in such event and the Buyer shall be liable for the cost of return transportation. In the event that the returned goods meet all the conditions described in this Article IV of Appendix 2, we will make the reimbursement within 14 days of receipt and inspection by the Seller to the bank account specified by you.

For additional user information, please see our website.