GENERAL TERMS OF USE
SUBJECT
This document presents the terms of use of the site www.cattleyahome.eu and the e-shop. They regulate the relationship between CATTLEYA HOME EOOD, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-shop “Cattleya Home”, also called E-SHOP.
SUPPLIER DATA
• Name of the Supplier: CATTLEYA HOME EOOD
• Headquarters and address of management: Bulgaria, Sofia, Simeonovo, 15 Zelena Krusha Str
• Correspondence details: [email protected]
• Website: www.cattleyahome.eu
• BULSTAT Unified Identification Code/Number: 205470828
• VAT identification number: BG205470828
DEFINITIONS
• User – any natural person aged 18 or over or a legal entity or other legal entity that, when making a purchase, gives its consent to certain clauses in the General Terms of Use section;
• Client – any natural person aged 18 or over or a legal entity or other legal entity that receives access to the content through means of communication (electronically, by telephone, etc.);
• Buyer – a natural person aged 18 or over, a legal entity or other legal entity, who places an order and concludes a distance sales contract through the e-shop;
• E-shop – a platform through which the sale of goods or services is hosted on the web address www.cattleyahome.eu;
• Order – an electronic document representing a form of communication between Cattleya Home and the Customer, through which the Customer declares to the Seller his intention to purchase goods or services from the e-shop;
• Shopping cart – a section of the site that allows the Buyer / User to add goods and services that he wishes to buy at the time of their addition or at a later stage;
• Product (s) and Service (s) – any product or service located on the e-shop;
• Campaign – any advertising message aimed at promoting the e-shop, the Cattleya Home brand or certain Goods and / or Services offered by the e-shop;
• Contract – represents the contract concluded at a distance between the Seller and the Buyer for purchase and sale of Goods and / or Services through the e-shop, an integral part of which are the present general conditions for use of the e-shop.
SUPERVISORS
• Commission for Personal Data Protection Address: Sofia, 15 Ivan Evstatiev Geshov Str., Tel .: (02) 940 20 46 fax: (02) 940 36 40 Email: [email protected], kzld @ cpdp.bg Website: www.cpdp.bg
• Consumer Protection Commission Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors, tel .: 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22 Website: www.kzp.bg.
• Internet platform for consumer dispute resolution (ODR) of the European Commission (EC) according to EU Regulation No. 524/2013 – https://webgate.ec.europa.eu/odr/main/index.cfm?event=main. home.show & lng = BG
GENERAL
• The General Terms and Conditions of Cattleya Home bind all Customers / Buyers / Users of the e-shop.
• Any use of the e-shop means that you have:
• carefully read the general conditions for its use;
• agreed to abide by them unconditionally.
• Cattleya Home is an e-shop available at an Internet address through which Users have the opportunity to enter into contracts for the sale and delivery of goods offered by Cattleya Home, including the following:
• Make electronic statements regarding the conclusion or performance of contracts with Cattleya Home through the interface of the Cattleya Home website, available on the Internet;
• To enter into contracts for the sale and delivery of goods offered by Cattleya Home;
• Make any payments in connection with the contracts entered into with Cattleya Home, in accordance with the payment methods maintained by Cattleya Home.
• Receive information about new products offered by Cattleya Home;
• To review the goods, their characteristics, prices and delivery conditions;
• To be notified of the rights arising from the Act primarily through the interface of the Cattleya Home website
• The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
• Users enter into a contract for the sale of goods offered by Cattleya Home through the Provider’s interface, available on its website at www.cattleyahome.eu or other means of distance communication.
• By means of contract concluded with the Users for purchase and sale of goods, the Provider is obliged to deliver and transfer the ownership to the User to the goods determined by him through the interface.
• Users pay the Supplier the price for the delivered goods in accordance with the conditions set out in Cattleya Home and these General Terms of Use. The remuneration is the price announced by the Provider at the address of Cattleya Home on the Internet.
• The Provider sends by courier the goods ordered by the Users within 14 business days and under the conditions set by the Provider on the website of the e-shop and according to these general conditions, as well as if otherwise agreed between the Provider and the User.
• The price for delivery is determined separately and explicitly from the price of the goods.
• The User and the Provider agree that all statements between them in connection with the conclusion and execution of the contract of sale are carried out electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
• Cattleya Home reserves the right to update and amend the Terms and Conditions periodically to reflect any changes to the way the website operates and the terms or any changes to the legal requirements. The document may be opposed to the Clients / Users / Buyers from the moment it is published on the site. In case of such a change, we will publish on the site the amended version of the Document, therefore we ask you to periodically check the content of this Document. The General Terms of Use that were in force at the time of concluding the distance contract between the Buyer and the Seller shall be applied to each transaction through the e-shop.
• If any of the provisions of these General Terms of Use of the site prove to be invalid or inapplicable, regardless of the reason for this, it does not entail the invalidity or inapplicability of the other provisions.
• The Cattleya Home team makes every effort to maintain the accuracy of the information presented on the site and e-shop. However, given the possible technical errors or omissions in this information, Cattleya Home clarifies that the images of the products are illustrative and indicative; respectively the delivered products may differ from the images.
• Product descriptions may sometimes be incomplete due to limited space and consistent information structure. However, at Cattleya Home we strive to provide the most relevant and important information.
• All goods, including those in promotion / discount are sold and delivered until the quantities are exhausted, even if this is not explicitly stated on the site.
SIGNING A CONTRACT
• The Client declares his desire to order and buy a Goods and / or Service through the site by placing an Order electronically or by telephone and which is registered by him.
• Cattleya Home will send a notification to the Customer for registration of the Order in his system, which does not make sense to accept, confirm or undertake to fulfill it. This notification Cattleya Home makes electronically (email) or by phone.
• Therefore, the Seller has the right not to deliver part or all of the Goods or not to perform part or all of the Services of the Order for various objective reasons, including but not limited to the exhaustion of their stock.
• In all cases, Cattleya Home notifies the Customer by email or telephone. In this situation, the sole responsibility of the Seller is to return any pre-received price of the Goods or Services.
• The distance sales contract between the Seller and the Buyer is considered concluded at the time of receipt by the Buyer of his e-mail and / or e-mail sent to his phone notification that the Goods from the Order are ready for shipment or The service can be provided.
• The contract of sale concluded between the Buyer and the Seller consists of these general terms and conditions and any additional agreements between the Seller and the Buyer.
TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
• Users primarily use the interface of the Provider’s website to enter into sales contracts for the goods offered by the Provider at Cattleya Home.
• The contract is concluded in English.
• The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have access to them.
• The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data provided by the Users are incorrect or misleading.
• The Users conclude the contract of sale with the Provider according to the following procedure:
1. Select one or more of the Cattleya Home products on offer and add them to the cart;
2. Providing data for the delivery;
3. Choice of method and time for payment of the price.
4. Confirmation of the order;
• Cattleya Home reserves the right, in its sole discretion, to restrict the access of any User / Buyer to the execution of an Order and / or to any of the possible payment methods if it deems that this would be to the detriment of Cattleya Home in any way. In this situation, the Client’s only right is to contact Cattleya Home to be informed of the reasons that led to the application of the above measures. Cattleya Home is not responsible for any damages.
• All images posted on the site are for the sole purpose of creating some idea of the type of Product / Service offered, not to present it accurately. Accordingly, it is possible that some of the images of the Goods or Services on the site (static / dynamic images / multimedia presentations, etc.) may not correspond to the appearance of the respective Goods or create a false impression of the offered Service. The seller will not be liable for such discrepancies.
THE RIGHT TO INTELLECTUAL AND INDUSTRIAL PROPERTY
• The content, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the site, is the exclusive property of Cattleya Home.
• Cattleya Home owns and retains all intellectual property rights in any way associated with the Site, whether its own or obtained through contractual licenses or in any other lawful manner.
• Nothing in the distance agreement between Cattleya Home and the Buyer will be construed as permission from Cattleya Home to copy, distribute, publish, make available to third parties, change in any way any part of the Content, including but not limited to the content of trademarks, logos, multimedia content of the site or descriptions of Products or Services in any way, including by introducing any content external to the site, the removal of signs indicating the right of ownership of Cattleya Home on Content. Customer may not transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of Cattleya Home.
• The Client may copy, transfer and / or use the Content only for personal non-commercial purposes, only in cases where this does not contradict the provisions of this chapter of this document.
• Customer has the right to use the Content for commercial purposes only if it has received the written consent of Cattleya Home for this and only to the part of the Content, to the manner and extent of its use, and within the time limits for which such consent is given explicitly. Any subsequent or different use of the Content will be considered a breach of this agreement between Cattleya Home and Customer and a breach of the intellectual property rights of Cattleya Home, which has the right to seek Customer’s liability for this.
• The mere sending to the Customer or reference to the Content or parts thereof by Cattleya Home will not be considered as consent by Cattleya Home to allow the Customer to use the Content or parts thereof for purposes other than his personal needs, regardless of the means of communication used by Cattleya Home.
• Any use of the Content for purposes other than those expressly permitted in these terms and conditions or in any other express written consent given by Cattleya Home is prohibited.
ORDER
• The Customer may place Orders in the e-shop by adding the Goods and / or Services to the Shopping Cart, following the steps indicated on the site to complete and submit the relevant Order.
• Any Goods and / or Services added to the Shopping Cart can be purchased, if available. Adding a Product and / or Service to My Cart without the Order being completed does not result in the registration of the order and the automatic saving of the Product / Service.
• The Customer is responsible for all data provided to Cattleya Home in connection with the Order whether they are correct, complete and accurate as of the date of sending the order. The customer gives permission to Cattleya Home to provide this data to a courier to deliver the goods.
• By sending the order, the Customer / Buyer allows Cattleya Home and / or the Seller to contact him in any possible way, when this is necessary in connection with the order or the concluded Contract.
• The Seller has the right to refuse to fulfill (cancel) the Order made by the Client, for which he should notify the Client. The cancellation of the order does not entail any liability or subsequent obligation of either party to the other in connection with it and accordingly neither of them has the right to seek compensation from the other for its cancellation in the following cases:
• non-acceptance by the issuing bank of the Client of the transaction for online payment;
• carrying out the money transaction, which does not lead to the receipt of funds on the Seller’s account for online payments
• Data provided by the Customer in the e-shop are incomplete and / or incorrect.
• Buyer will bear all direct costs of returning Products offered by Cattleya Home in the event that it withdraws from the Distance Contract and declares this within the withdrawal period provided by Cattleya Home. This period starts from the date of conclusion.
• The seller undertakes to reimburse all amounts received by the consumer, including delivery costs, and the seller is not obliged to reimburse the additional costs of delivery of goods when the consumer has explicitly chosen a method of delivery of goods other than the cheapest possible standard delivery offered by the trader.
• When returning an amount paid with a debit / credit card, the amount will be refunded only on the card with which it was paid.
• The amount will be refunded by the Seller within 14 (fourteen) days from the date of receipt of proof from the Customer that the latter has returned the relevant Goods as follows without incurring any additional costs for the Buyer using the same means of payment , used by the Buyer in the initial transaction, unless the Buyer has expressly agreed to use another means of payment.
• The Seller has the right to delay the refund in cases of withdrawal from the Contract until the receipt of the sold Goods or until receipt of proof that they were sent, in case he did not offer to take the Goods himself, whichever occurs early.
• Only consumers within the meaning of the Consumer Protection Act have the right to withdraw from the distance contract and return the goods in respect of the goods offered by Cattleya Home, provided that when more than one piece of a given model of goods is ordered, the packaging of only one product has been unsealed and the rest will be returned to the Seller sealed.
CONFIDENTIALITY
• Customer / User / Buyer agrees that by providing any personal or other information to Cattleya Home, he agrees that it may be used by Cattleya Home for the following purposes by Cattleya Home:
• registration of orders, sending of ordered products, implementation of the ordered services, invoicing, resolving disputes with Clients / Users / Buyers regarding their Orders or consideration of their requests;
• sending Commercial messages, periodic notifications by e-mail or by messages;
• conducting market research, tracking and monitoring sales and customer / consumer behavior.
• Customer / User / Buyer agrees to provide Cattleya Home with unlimited access to any materials and information it sends to Seller through or in connection with the Site, whether or not it has placed an Order and made a transaction through the Site. Cattleya Home reserves the right to use, reproduce, publish, modify, transmit and distribute this information or materials. Customer expressly agrees that Cattleya Home is free to use and process for its own purposes the ideas, concepts or know-how provided by Customer in any way through or in connection with the Site or the actions / omissions that Customer has carried out through or in connection with the site. Cattleya Home has no obligation to keep such information confidential, insofar as this is not required by applicable law.
• By providing your data to Cattleya Home (including e-mail), the Customer / User / Buyer expressly agrees to contact Cattleya Home or third parties who are couriers, partners of Cattleya Home and are providers of marketing services, government, municipal or non-governmental agencies or companies in the field of insurance or financial services, where required by specific legislation, as well as other companies with which Cattleya Home may develop joint programs for offering the Goods and / or Services on the market, etc.
INVOICING – PAYMENT
• The prices of the Goods and Services announced on the site are final
• The price, the method of payment and the term for payment when issuing invoices are specified in each Order. Orders for products offered by Cattleya Home worth more than EUR 2,500 will not be able to be paid upon delivery, but should be paid in advance by bank transfer or by bank card.
• The Client / User is obliged to provide all the necessary information for the issuance of the invoice in accordance with the current European legislation.
• The Seller will issue to the Client a receipt or an invoice for the ordered and delivered Goods / provided Services based on the information provided by the Client.
• Cattleya Home issues a receipt or an invoice for each payment under an Order through which the Customer has purchased a Product and / or Service offered on the online store of Cattleya Home. The customer agrees to receive such a receipt or an invoice electronically. In the event that these payment documents are not received within more than 48 hours (forty-eight) hours, please let us know at email: [email protected]
• In order to properly compile the invoice for the respective Order, the Customer / User is obliged to inform the Cattleya Home team. He is obliged to review the information specified in the respective Order to make sure it is complete, true and accurate.
METHODS OF PAYMENT
• Payment in the Cattleya Home e-shop can be made in one of the following ways:
• Cash on delivery – payment upon receipt of the goods. The customer pays the amount due to the courier upon delivery, receiving a receipt for postal money order from the courier.
• Bank transfer – the payment is made after the order, the client should transfer the amount to the bank account of the merchant within 3 / three / days. After posting the payment, the goods are sent to the customer.
• Credit / debit card – the customer pays the amount of the order by credit or debit card through the card payment module on the Cattleya Home website
STOCK DELIVERY
• Delivery time is between 3 and 14 working days, unless explicitly agreed otherwise between the Seller and the Buyer.
• Each shipment has its own unique number, through which it can be tracked in real time.
• The Seller undertakes to deliver the ordered and purchased Goods alone or through a courier company to an address specified by the Buyer, to which address should be easily accessible by truck, or in the office of the courier company, depending on the choice of the Buyer. In the case of door-to-door delivery, the Buyer must indicate the floor to which the products are to be delivered in the address field in the Cattleya Home electronic form designated for this purpose. Otherwise, the delivery will be made to the building indicated as the delivery address if there is access to the building by truck.
• The Seller will ensure the appropriate packaging of the Goods and the sending of the accompanying documents. If by any chance the shipment does not contain the necessary document for the ordered product, please contact us at [email protected] and we will do our best to provide it to you as soon as possible.
• Cattleya Home will deliver the Goods and provide the Services on the territory of Bulgaria and the EEA
• The terms of delivery for the products offered by Cattleya Home can be found on the info page of the “Delivery” site.
• The delivery price, if any, will be visible after the desired Product (s) are placed in the cart.
WARRANTIES
• The Seller offers Goods on the site with a guarantee of compliance of the goods with the Contract in accordance with applicable law.
• Warranty certificates issued by Cattleya Home itself will be sent to the Buyer in electronic format at the e-mail address specified by the Buyer.
• The repair of Goods outside the warranty period or within this period, but provided that the Seller’s obligation to bring the goods in accordance with the Contract of Sale has lapsed for any reason, is subject to payment by the Buyer and shall be carried out within a period agreed between the parties.
TRANSFER OF OWNERSHIP
• The ownership of the Goods will be transferred by the Seller with their delivery to the Buyer, after the payment has been made by him. The delivery of the Goods will be certified by the signature of the Buyer on the transport document provided by the courier.
TERMINATION
• The present general conditions and the contract of the User with the Provider are terminated in the following cases:
• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
• by mutual consent of the parties in writing;
• unilaterally, with notice from each of the parties in case of non-fulfillment of the obligations of the other party;
• in case of objective impossibility of any of the parties to the contract to perform its obligations;
• in case of seizure or sealing of the equipment by state bodies.
OTHER PROVISIONS
• The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
• The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
• All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.
• These Terms and Conditions are effective for all Cattleya Home Users.
