Terms and conditions
for sale and purchase in online store www.desart.bg
These terms and conditions govern the procedure, the method and the conditions of the sales and purchases in the online store Desart. These Terms represent a contract for sale between Desart and the Client.
Under these Terms and Conditions the following terms are used with the following meanings:
a/ DESART is a company named "Desart" EOOD which is a Single Member Limited Liability Company by the laws and jurisdiction of the Republic of Bulgaria, UIC: 112609750; VAT №: BG112609750. Its principal place of business is located in: Pazardzhik, str. "kn. Aleksandar Batenberg" №35, providing goods and services online through the online store: www.desart.bg, telephone: +359 889 286 056 and +359 888 40 75 25. The address of the manufacturing facility and warehouse is: Dragor 4406, region Pazardzhik, "Industrial Zone - Desart EOOD".
b/ As "goods" is considered every item in the e-store, which is described with its essential characteristics, an image and a selling price.
c/ As “Client” is considered every person that has purchased or has made a request to purchase goods from the online store.
d/ The e-shop is a virtual store with a web address: www.desart.bg.
e/ “CPA” means the Consumer Protection Act.
I. GENERAL PROVISIONS
1.1. DESART enables the Client to purchase the offered through the e-store goods by making a request /order/ and payment of the purchase price, as long as the Client complies with the Terms and Conditions.
1.2. The sales contract between DESART and the Client is deemed as concluded from the moment of confirmation of the request /order/ made by the Client, upon request of goods that are not available the contract is considered concluded from the moment of the payment of the advance.
2. The procedure for the order in the site is voluntary and free. The site can be viewed by the users free without any registration required. To place an order is necessary to complete the registration form.
Upon a successful completion of the contract, an employee of DESART will contact the Client via the provided telephone number, confirming that the product is available and sending an email that the order is confirmed. In case that the product is not available (or if there is only one piece left as an assembled sample), the employee will inform the Client that the delivery can not be done. If the Client has paid in full or partially the order, they must provide an account to which amount paid by him will be reimbursed.
Through an electronic order from the online store can be purchased only those goods which the system allows to be added to the shopping cart of the user. All of the information on the offered through the online store products including, but not only the technical specifications, the warranty, usage and etc. is provided by the our company and manufacturer DESART and we are doing our best to give the client the most accurate as possible information about the dimensions, colors, materials and technical specifications, but DESART does not carries any responsibility for false, incorrect or inaccurate information presented, for an accurate information presented in a misleading way in discrepancies between the factual and real situation, mismatched tones (difference in the tones of the colors in the photographs and the actual color of the product) as well as typographical errors.
3. All the prices shown on the site are in Euro, Bulgarian Levs and British Pounds and are valid only at the time of publication, DESART reserves the right to change them at any time without a notice. The prices indicated in the website are final and include all of the taxes and the fees including the cost of delivery by Speedy or Econt Express, if DHL or other express carrier is selected the price is not included and is shown separately.
IV. REQUEST FOR A PURCHASE
4. Every request for an order from DESART in the e-shop is submitted and implemented pursuant to the Terms and Conditions. In case of dispute who to be linked to the text of these Terms and Conditions for a party to the contract is considered the person who has paid the price of the ordered goods.
5. The Client submits an order by filling out the electronic form published on www.desart.bg. The request should necessarily indicate the delivery address, an email and contact phone.
6. DESART does not guarantee the availability of the ordered items. In case of impossible to implement its obligations due to the reason that it does not have the requested goods in stock, DESART is obliged to inform the Client and to recover the payment in the shortest time.
7. For the unavailable goods DESART indicates a delivery period different from that in Section VIII "Delivery" of these Terms and Conditions, which the client can agree to or withdraw the order.
8. In the case the ordered goods by the Client are available DESART should confirm the order by phone or by email.
9. At the time of the request, the Client agrees to these Terms and Conditions, by a special application, namely, by ticking the box “I agree to the terms of service and will adhere to them unconditionally." for sale and purchase in the online store” by which the Client makes an electronic statement within the meaning of the Law on electronic Document and the Electronic Signature Act, which declares that he is familiar with these Terms, accepts them and undertakes to comply with them. As am agreement with these Terms will also be considered the act of making a request /order/ for purchasing goods by the Client. Similarly by ticking the box "I have read the additional information provided by the Merchant" before an order the Client will be familiar with the information required under Article 47 of the CPA. To the additional information provided by DESART will be given a form that each client will be able to download if they subsequently wish to use their right under Article 50 of the CPA.
10. With the request of the order, the customer selects the product and the quantity.
11. The next step is to select the method of delivery (by a courier or with their own transport). In case of delivery by courier the delivery address has to be specified.
12. The final stage of the order is the payment. The payment is done in the following ways:
a / by a bank transfer /before the shipping of the goods/.
b / with PayPal account.
c / payment by bank card through 2CheckOut
V. PAYMENT BY A BANK CARD
13. In case the selected payment is by a bank card the Client needs to enter the data of the card in our secured checkout page with 2CheckOut Module. In case of successful transaction on the screen appears a transactional note, which can be printed out.
14. Types of bank cards that can be used: Master Card, Master Card Electronic, Visa, Visa Electron, American Express, Discover, Diners Club, JCB.
15. The data that the Client must enter in case of payment by a bank card are:
- Card number
- Expiration date
- Name on the card
16. In case the procedure of ordering goods from e-store DESART is completed there will be a successful transaction with the card too.
17. Money from Client are deducted only when the transaction is successful. In this case a transactional note is generated that the Buyer (Client) should print out and keep.
VI. WITHDRAWAL FROM CONTRACT AND REFUND OF THE PAYMENT
18.1. Pursuant to Art. 50 of the CPA a Buyer who has the status of a consumer under the CPA, within 14 /fourteen/ days from the delivery has the right without owing compensation or penalty and without giving any reason, to withdraw from the contract by returning the ordered goods under the following conditions:
1. The user (Client) prior to inform DESART by writing to the following email address: email@example.com, that pursuant to Art. 55, para 1 of the CPA that they disavow from the contract indicating when they will return the goods, but not later than 14 /fourteen/ days. The goods can only be returned to the following address: Dragor 4406, region Pazardzhik, "Industrial Zone - "Desart" EOOD".
The payment of the Client is refunded to the account from which the payment of the product is made after inspection and acceptance of the goods by DESART. The goods will be accepted only if they haven’t been installed or if there are no signs of usage or damage made by trying to repair the product and the sales presentation has not been impaired.
2. The goods must be returned personally by the user (Client) or by his authorized in writing authorization with notarized signature to the referred above address.
3. The original packaging of the product placed from the manufacturer must not damaged and the integrity of the stickers placed by DESART must not be lost.
4. All of the transportation and other costs of returning the goods are fully paid by the consumer (buyer). Until the return of the goods from the costumer to DESART, the risk of accidental loss or damage is the sole responsibility of the customer. If the customer makes use of art. 50 of the CPA and in case they fulfilled the conditions above Desart is obligated to reimburse the price paid by a bank transfer within 14 /fourteen/ days from the notification of withdrawal under Article 50.
18.2. Items purchased by bedtslothes, mattresses, duvet covers and blankets, plain and decorative pillows are not refundable under Article 57, item 5 of the CPA from a hygienic standpoint.
18.3. For paid and already performed services the payment will not be reimbursed.
19. Protection of personal data. By accepting these terms and conditions the user gives their indefinite, explicit and unconditional agreement, until an eventual denial in writing, that the provided personal data can be collected, stored, processed and used by DESART and/or authorized by the company to third parties, including but not limited to: performing courier services companies, banks, etc., for the purposes of the contract for distance selling and delivery of the ordered goods and for any other purposes not prohibited by the law. At any time the user can get information if their personal data are processed and used by DESART, as well as the purpose of processing and the usage.
20. Review the product and reclamation. Upon receiving the goods the consumer is obliged to examine it and in case they find obvious flaws, lack of some of the accompanying accessories and/or lack of any of the required documents by the Bulgarian law, they must immediately inform the person making the supply. Failing this, the property is deemed to be approved, the customer loses the right on - later to claim that the product is delivered with obvious flaws, lack of some of the accompanying accessories and/or lack of any of the required documents by the Bulgarian law. Returns of purchased through the online store items are subject to the rules of the CPA and in accordance with the terms and conditions of their commercial warranty. Address for complaints: Pazardzhik, str. "kn. Aleksandar Batenberg" 35, e-mail: firstname.lastname@example.org, phones: +359 889 286 056 and +359888 40 75 25.
21.1. In case the requested item is available, it is delivered to the delivery address of the Client within 7 /seven/ days, but not more than 20 /twenty/ calendar days except in cases under p. 7 of these Terms and Conditions.
21.2. The period in the upper section starts from the moment the goods are paid.
22. The delivery is done through the services of a courier / shipping company / and is included in the price of the product, except when DHL or other express service is selected.
23. Loading and unloading operations of delivery are not a responsibility or obligation of DESART / or the courier / but of the consignee.
24. The obligation of the delivery of the goods will be deemed to be fulfilled by the delivery of goods to the building in which is the delivery address specified in the application.
25. The goods are delivered properly packed according to their type and delivery transport.
26. In case of incomplete, incorrect or wrong address and / or telephone number when filing in the application the same will be considered void and DESART is not obligated to implement it.
27. In case the client has listed as a payment method - by a bank transfer via debit or credit card and do not make such payment, then DESART is not obligated to deliver the requested product.
VIII. HANDOVER OF GOODS
28. The goods are delivered to the Client or to a third party who accepts and acknowledges receipt of the same on behalf of the Client by signing the documents accompanying the goods.
29. In case the client is not found within the period of the delivery on the given address or has not ensured an access and conditions for delivery of the goods within this period, which results to the inability to service the shipment through no fault of the seller, DESART is exempt from the obligation to deliver the goods. In this case, the sales contract is automatically terminated and from the payment made by the client the expenses for shipping to the Client and the shipping back to the warehouse of Desart will be withheld. In case the carrier has office in the location of the Client, the shipment is stored there for a period of time that the carrier has stated until the Client obtains it after paying if there are any fees. If the Client fails to collect the item the sales contract is automatically terminated and from the payment made by the client the expenses for shipping to the Client and the shipping back to the warehouse of Desart will be withheld.
IX. PRICE AND PAYMENT METHODS
30. All of the prices of the goods in the online shop are in Euro, British Pounds or Bulgarian levs including VAT and are quoted in the e-shop. The prices are for a single quantity and the price include the shipping cost by Econt Express or Speedy. If DHL or other express shipping is selected the price is stated separately.
31.1. The shipping price when using DHL is paid by the Client under fixed price list, which is announced on the website.
31.2. The agreed transport at the expense of the Buyer shall be indicated in the issued bills, invoices and other documents under the following name: "local pick-up".
31.3. The payment can be made in advance by paying the full price by the methods in p. 12.
31.4 Upon a request for an unavailable product that will be produced by the specific requirements of the cllient the payment must be done in advance in an amount determined by the staff of the online shop. DESART reserves the right to require an advance payment for other orders.
31.5. The payment in advance can be made only with the consent of the Client, as in case of refusal to pay in advance DESART has the right to refuse to conclude a contract for the sale and purchase and delivery of ordered.
31.6. The Client agrees that the act of the advance payment of the goods will be considered as an expressly agreement within the meaning of Article 53 of the Consumer Protection Act.
31.7. Regardless of the method, all payments must be made only in EUR, GBP, USD or BGL.
X. OVERVIEW OF THE GOODS. RETURNS
32. Returns of the purchased goods through the online store is a subject to the rules of the Consumer Protection Act. Address for complaints: Pazardzhik, str. "kn. Aleksandar Batenberg" 35, e-mail: email@example.com.
33. Upon receiving the goods the consumer is obliged to examine it and in case they find obvious flaws, lack of some of the accompanying accessories and/or lack of any of the required documents by the Bulgarian law, they must immediately inform the person making the supply. In this case it needs to be prepared a protocol in two identical copies that need be signed by the consignee and the representative of the courier / forwarding / company. The protocol must necessarily describe the obvious flaws.
34. In case the client does not make a reclamation on the time or even if they make one, but did not sign the protocol, it loses the right on - later to claim that the product is delivered with obvious flaws, lack of some of the accompanying accessories and/or lack of any of the required documents by the Bulgarian law.
35. The client who is a consumer within the meaning of the Consumer Protection Act, has the right under Art. 55, para 1 of the Consumer Protection Act. In any case of purchase of goods are applied the rules on the item 18 above.
XI. FINAL CLAUSES
36. DESART takes care for the information to be always accurate and up to date, as an accurate information can be obtained by phone: +359 889 286 056 or +359 888 40 75 25.
37. All sizes stated in the e-shop are external and include the outermost dimensions. There are possible discrepancies in the color shades from the pictures on the website of the online store and the actual shades of colors of the products made by the differences in monitors.
38. DESART does not guarantee that the access to the online store will be uninterrupted, timely, secure and error-free as far as this is beyond, the control and the will of DESART.
39. Desart EOOD owns Certificate for personal data administrator №1416263 / 09.12.2015, issued by "Commission for Personal Data Protection" of the Republic of Bulgaria. Desart is a data controller registered under the Personal Data Protection Act of 2002. DESART ensures the privacy of information containing personal data provided by the clients. Disclosure is only possible in cases where the information is required by state authorities or officials authorized by law to request and collect information containing personal data and in compliance with the statutorily established procedure. By accepting these Terms and Conditions the Client gives their indefinite, explicit and unconditional agreement that the provided personal data can be collected, stored, processed and used by DESART for the purposes of fulfillment of the contract for the sale and purchase and delivery of ordered goods.
40. These Terms and Conditions are effective from the moment of their publication. DESART reserves the right to modify at any time these Terms and shall promptly publish the changes to the website www.desart.bg, along with a message for the changes.
42. If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place
XIV. INTELECTUAL PROPERTY
43. All elements of the Seller Website, whether audio or visual (such as text, illustrations, photographs, company names, distinctive signs, trademarks (this list is not exhaustive)) are protected by copyright, trademarks and/or Bulgarian, European and international patents and are the exclusive property of the Seller. For this reason and in accordance with the provisions of the Bulgarian Intellectual Property Code, only strictly personal use of the Website is permitted, and provided that the elements of the Seller Website will not be changed. Any reproduction or total or partial transmission of the Website www.desart.bg is strictly prohibited without prior written authorization from the Seller.
44. These Conditions and any matter relating to their interpretation or execution shall be subject to the application of Bulgarian law. For disputes or claims, the Customer should first contact the Seller Customer Service Department to find an amicable solution. Otherwise, the Customer may bring legal proceedings before the competent courts in the Republic of Bulgaria.
XVI. APPLICABLE LAW
45. For the unsettled issues of the present conditions, are applied the provisions of the current legislation of the Republic of Bulgaria.