1. SUBJECT MATTER
1.1. This document constitutes both (1) the general terms and conditions or the terms of use of teahouseplovdiv.com that govern the rules for the use of teahouseplovdiv.com, including the conclusion of a sales contract with a merchant from this e-shop, and (2) the agreement between seller and customer for sale through teahouseplovdiv.com.
2. SELLER DETAILS
2.1. ARK 2018 Ltd. is a company with headquarters and headquarters in Plovdiv, 10 Abadjiiska Str., With the same address for correspondence, company ID 205025461.
2.2. ARK 2018 Ltd. administers the e-shop in the form of the site teahouseplovdiv.com. ARK 2018 Ltd will be referred to as the Tea House below.
2.3. You can contact Tea House at the address above, by phone: +359 887 931842 or by e-mail: teahouse@abv.bg.
3. DEFINITIONS
3.1. Buyer – A person who has signed a distance-purchase contract through the e-commerce platform teahouseplovdiv.com with teahouseplovdiv.com.
3.2 Seller – Tea house offering goods or services to the e-commerce platform teahouseplovdiv.com.
3.3. The platform – the domain teahouseplovdiv.com and its subdomains.
3.4. Customer – any natural or legal person or other legal entity using the Platform in any way including, but not limited to, viewing, making orders through it, buying, returning goods, and performing any other action through it.
3.5. Profile – A section of the Platform, formed by an email address and a password that allows the Customer to send a Purchase Order and which contains information about the Client and the history of some of its actions in the Platform (Orders, Tax Invoices, etc.).
3.6. Favorites – an account section that allows the customer to create their own lists.
3.7. List – a web page in the Client Profile under the “Favorites” section in which he can add products of interest to him.
3.8. Order – an electronic document representing a communication form between Tea House and the Client, through which the Client declares to Tea House through the Platform, his intention to purchase Goods and Services from the Platform.
3.9. Product (s) and Service (s) – any subject matter of a purchase contract concluded between a Buyer and a Seller through the Platform.
3.10. Campaign – any commercial communication aimed at promoting the Tea House Platform, the Tea House brand or certain Goods and / or Services that are available in limited quantities unless expressly stated in the commercial communication for a specified period of time specified by the Seller.
3.11. Contract – represents the distance contract between the Seller and the Purchaser for the purchase and sale of Goods and / or Services via the Platform, an integral part of which is the present General Terms and Conditions for using the Platform.
3.12. Content:
• all platform information available through an Internet connection and using a device connected to the Internet;
• the content of any message from Buyer to Tea House and / or Seller sent by electronic means and / or any other available means of communication;
• any information provided to the Customer in any way by a Teen House employee / associate and / or any other Seller by electronic or other means of remote transmission;
• the information relating to the Goods and / or Services and / or the applicable tariffs by the Seller within a certain period of time;
• information relating to the Customer and related to the Goods and / or Services and / or the applicable tariffs from third parties with which the Seller has in some form concluded contracts of patronage;
• Seller details.
3.13. Bulletin – a means of informing periodically about the Goods and Services offered by the Seller and / or promotions sent electronically via e-mail.
3.14. Transaction – action by the Tea House to recover a sum paid by the Buyer as a result of termination, termination, refusal or non-conclusion of a contract for purchase through the Platform, carried out only by a courier company.
3.15. Specifications – All characteristics and / or descriptions of Goods and Services as outlined in their description.
3.16. Review – Written assessment by the owner or user of a product or service based on the assessor’s personal experience and skills to make good comments and to express an opinion that the product or service meets the characteristics specified by the manufacturer or not.
3.17. Rating – A method of calculating a customer’s level of satisfaction with a particular product. The rating is expressed in the form of stars, each product can be rated from one to five stars. This degree of satisfaction will always be accompanied by a review written by the Customer of a product or service.
3.18. Comment – an assessment or a critical remark at the end of an Review or other comment.
3.19. Question – Form of address to Customers / Buyers in order to obtain information about certain products or services.
3.20. Response – Written information that is passed on to the Customer who has asked a question in the Platform on a product page. The answer is an explanation provided by one Client to another Client within a single dialogue.
4. GENERAL CONDITIONS
4.1. The terms and conditions of teahouseplovdiv.com are binding on all Platform Customers.
4.2. Any use of the Platform means that you have carefully consulted the general terms of use of the Platform and (b) you have agreed to abide by it unconditionally.
4.3. The terms and conditions may be changed unilaterally by Tea House at any time by updating them. These changes take effect immediately and are binding on all Clients.
4.4. Tea House has the right to make changes to the conditions of use at any time in its sole discretion or if they are imposed by virtue of a legally enacted act.
4.5. In any case of changing the general terms and conditions Tea House will inform your Customers by publishing the changes to the Platform. In this sense, you as a Client have a duty to refer to any changes to the General Terms of the Platform in any way you use it.
4.6. If any of the provisions of these General Terms and Conditions for use of the Platform are found to be invalid or unenforceable irrespective of the reason for doing so, this shall not affect the invalidity or inapplicability of the other provisions.
4.7. Tea House takes great effort to maintain the accuracy of the information presented in the Platform. However, given the possible technical errors or omissions in this information, Tea House clarifies that the product images are illustrative and guiding, respectively the products delivered may differ from the images.
4.8. The features or pricing of the products described in the Platform can be changed at any time. For technical reasons, they may contain errors for which Tea House preaches its Customers.
4.9. It is possible, due to the limited space and the consistent structure of the information, that product descriptions are sometimes incomplete. However, from Tea House we strive to provide the most relevant and important information.
4.10. All goods, including those in promotion / offense, are sold and delivered until stocks are exhausted, even if not expressly marked on the Platform.
4.11. The platform may contain links to other sites. Tea House is not responsible for the privacy policy of websites it does not administer, as well as for other information contained therein.
5. CONCLUSION OF CONTRACT
5.1. The Customer declares his / her willingness to order and buy a Goods and / or Service through the Platform by making an Order electronically or by phone registered by himself / herself or by a Teen House employee.
5.2. A Tea House will send a notice to the Customer to register its Order in the system, which does not have the sense of accepting, confirming or accepting a commitment to its execution. This notice Tea House makes an electronic (e-mail) or telephone.
5.3. Therefore, the Seller has the right not to deliver any or all of the Goods, or not to perform part or all of the Services of the Order for a variety of objective reasons, including but not limited to the depletion of their stock availability. In any case, a Tea House informs the Client by e-mail or by phone. Therefore, Seller’s sole responsibility is to return the eventually received price of the Goods or Service.
5.4. The distance-purchase contract between the Seller and the Customer is deemed to have been concluded at the time of receipt by the Customer of his / her e-mail and / or by SMS sent to his / her phone, a notice that the Goods from the Order are ready to be dispatched or The service can be provided.
5.5. The purchase contract concluded between the Customer and the Seller consists of the present General Terms and any possible additional agreements between the Seller and the Buyer.
6. ONLINE SALES POLICY
6.1. Access to the Platform for the purpose of registering a Purchase Order is allowed to any Client.
6.2. Tea House reserves the right, in its sole discretion, to limit the access of any Client to the execution of an Order and / or any of the possible payment methods if it considers that this would be to the detriment of the Tea House in any way. Therefore, the Customer’s sole right is to contact the Tea House Customer Relations Department to be informed of the reasons that have led to the implementation of the above-mentioned measures. Tea House is not responsible for any damage that the Customer has suffered or may suffer as a result of this decision, regardless of its correctness or merit.
6.3. The Customer has the right to post comments on Goods and / or Services, as well as to contact the Tea House at the specified addresses in the “Contacts” section of the Platform. Posts or messages that contain obscene words or inappropriate vocabulary will be removed from the Platform or ignored.
6.4. Communication with the Seller may be made through a direct connection to the Seller or the addresses listed on the Platform in the Contacts section.
6.5. In the case of unusually high traffic on the Internet, Tea House reserves the right to require Clients to manually enter the validation code (captcha) in order to protect the published information in the Platform.
6.6. A Tea House may post advertising or promotional information about the Goods and / or Services and / or its promotions on the Platform for a certain period of time.
6.7. All prices of the Goods and / or Services of the Platform are final, they are stated in BGN (BGN) with VAT included and all other statutory taxes or fees.
6.8. All images displayed on the Platform are solely intended to give some insight into the type of Goods / Service offered, rather than to represent it accurately. Therefore, some of the Platform’s Goods or Services images (static / dynamic images / multimedia presentations, etc.) may not match the appearance of the Goods in question or create a false impression of the Service offered. The seller will not be held responsible for such inconsistencies.
7. USE OF SUBSIDIARIES
7.1. Seller has the right to use subcontractors to perform their obligations under the distance purchase agreement concluded through the Platform without the need to notify or obtain the Buyer’s consent to do so.
8. THE RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1. Content, as defined in the “Definitions” chapter, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the Platform, are the exclusive property of a Tea House.
8.2. Tea House has and retains all intellectual property rights in any way connected with the Platform, whether they are its own or obtained through contractual licenses or in any other lawful manner.
8.3. Nothing in the distance contract between the Teen House and the Client will be considered as permission by the Tea House to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including, but not limited to, the contents of the trademarks, logos, media content of the Platform, or descriptions of the Products or Services in any way, including by introducing any content external to the Platform, the removal of signs indicating the ownership of the Tea House on the Content. Customer may not transfer, sell, distribute any material created by reproducing (copying), modifying or publishing the Content except with the express consent of Tea House.
8.4. Any Content to which the Customer has access, regardless of the means, is subject to regulation under these terms and conditions.
8.5. The Customer may only copy, transfer, and / or use the Content for personal non-commercial purposes unless this is contrary to the provisions of this chapter.
8.6. The Customer may only use the Content for Commercial Purposes if he has received the written consent of the Tea House for this and only the portion of the Content, the manner and extent of use thereof, and the time limits for which this consent has been given expressly. Any subsequent or different use of the Content will be considered to be a violation of this agreement between the Tea House and the Client and for the violation of the intellectual property rights of Tea House, which has the right to take charge of the Customer for this.
8.7. Simply sending to the Customer or referring to the Content or parts thereof by the Tea House is not considered to be a consent of the Tea House to allow the Customer to use the Content or parts thereof for purposes other than its personal needs, by the means of communication used by the Tea House.
8.8. Any use of the Content for purposes other than those expressly permitted in these General Terms or any other explicit written consent given by the Tea House is forbidden.
9. ORDER
9.1. The Customer may place orders on the Platform by adding the desired Goods and / or Services to the Purchase Order by following the steps specified in the Platform to complete and send the Purchase Order.
9.2. Any Goods and / or Service added to the shopping cart can be purchased if available. Adding a Product and / or Service to the Purchase Order without completing the Order does not result in the order being entered and the Goods / Service stored automatically.
9.3. Confirming the Order Tea House confirms the delivery of only one item of the respective Goods in the registered order. The remaining items of the Goods model in question will be further confirmed or denied depending on the available quantities.
9.4. The Customer undertakes and is responsible for ensuring that all data provided by Tea House in connection with the Order are true, complete and accurate as of the date of sending the order.
9.5. By sending the order, the Customer allows the Tea House to contact him in any possible way when this is necessary in connection with the order made or the concluded Contract.
9.6. The Seller has the right to refuse to execute (cancel) the Order made by the Customer, which shall notify the Customer thereof. Cancellation of the order does not entail any liability or consequent liability of either party to the other party in relation to it, and respectively none of them has the right to seek damages from the other party for its annulment in the following cases:
• the data provided by the Customer in the Platform is incomplete and / or incorrect.
9.7. Customer will bear all direct costs of returning Products offered by the Tea House in case he withdraws from the Contract at a distance and has stated this within the withdrawal period provided to him by Tea House. This period starts running from the date of conclusion of the Service Agreement and from the date of receipt of the purchased Goods by the Purchaser or a third party other than the carrier. The Client shall return the Product to Tea House at: Tea House – Plovdiv Center, Kapana District, 10, Abadijska Street, Plovdiv 4000, and in the meantime notify the Seller of this by e-mail: teahouse@abv. bg or by phone:+359 887 434 722. In this case, a courier sent by Tea House will take the Products from the address indicated by the Customer and the latter will pay a fee to the courier.
9.8. The Seller undertakes to refund the paid price of the Contract concluded from a distance from which the Customer has given up within 14 (fourteen) days of the date on which evidence has been received from the Customer that the latter has returned the relevant Product. The amount will be refunded by cash on delivery to an office of the courier company from which the customer has received the goods without incurring any additional costs to the Customer.
9.9. Seller has the right to delay the refund in cases of withdrawal of a Contract until receipt of the Goods sold or until receipt of proof that they have been sent in case he has not offered to take the Goods himself, early.
9.10. By creating an Account, the Customer has the opportunity to use a section called “Favorites”, in which he can create Lists. These Lists may be public or personal. Public lists will be visible to all third parties with whom the Customer has shared them on social networks as well as to all Professionals in the Platform. Personal lists will only be visible to the Customer who created them. The client will determine which lists will be public and personal. He can change the status of each list at any time.
10. GOODS / SERVICES FOR WHICH THE CUSTOMER HAS NO RIGHT OF REFUSAL
10.1. The Customer has no right to renounce the concluded Contract in the following cases:
• in the case of providing services where the service has been provided in full and its execution has begun with the express prior consent of the Customer and confirmation by the Customer that he knows that he will lose his right of withdrawal once the contract has been fully executed by the Seller;
• in the case of a supply of goods or services the price of which depends on fluctuations in the financial market which can not be controlled by the Seller and which may occur during the period of exercise of the right of withdrawal;
• in the case of delivery of goods made on the order of the Client or according to his / her individual requirements;
• when delivering goods that by their nature may deteriorate or have a short shelf life;
• when delivering sealed goods that have been printed after delivery and can not be returned for reasons of hygiene or health protection;
• in the case of delivery of goods which, having been delivered and by their nature mixed with other goods from which they can not be separated;
11. CONFIDENTIALITY
11.1. The Customer agrees that by providing any personal or other details of a Tea House, they may be used by Tea House for the following purposes: (1) maintaining the Customer’s profile, including registering orders, sending ordered products , performing the ordered services, invoicing, resolving disputes with Customers regarding their Orders or handling their claims; (2) sending Bulletins or periodic notifications by e-mail or SMS; (3) conducting market research, tracking and monitoring sales and customer / consumer behavior.
11.2. The Customer agrees to provide Tea House with unlimited amount of time and access to any materials and information that it sends to the Seller through or in connection with the Platform, regardless of whether it has made a Purchase Order and made a transaction through the Platform. Tea House has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Client expressly agrees that Tea House can freely use and process for its own purposes the ideas, concepts or knowledge that the Client has provided to him in any way through or in connection with the Platform or the actions / inactions that the Customer has made during or in connection with the Platform. Tea House has no obligation to keep the information so obtained as confidential, as long as this is not imputed to it by the current legislation.
11.3. With the provision of its own data to the Tea House (including e-mail), the Customer expressly agrees with him to associate Tea House, Tea House Partners and Marketing Service Providers, State, Municipal or Non-Governmental Agencies or Insurance Companies, when this is provided by specific legislation, as well as other companies with which the Tea House may develop common programs for the bidding of Goods and / or Services on the market, etc.
11.4. With the provision of personal data to the Tea House, the Customer expressly agrees to be included in the Tea House database referred to in paragraph 11.1.
12. ADVERTISING
12.1. Once Customer has created a Platform account, it has the opportunity to express its consent to receive Newsletters.
13. INVOICING – PAYMENT
13.1. The prices of the Goods and Services announced in the Platform are final and include VAT as well as all other taxes and charges provided by the applicable Bulgarian legislation.
13.2. The price, the method of payment, and the time limit for payment when invoices are issued are listed in each order.
13.3. The client is obliged to provide all necessary information for issuing the invoice in accordance with the Bulgarian legislation in force.
13.4. An electronic invoice is issued only on request by the customer.
14. DELIVERY OF GOODS
14.1. Seller is obliged to deliver ordered and purchased Goods by himself or by courier at an address specified by the Buyer.
14.2. The seller will ensure the proper packaging of the Goods and the sending of the accompanying documents. If by any chance the shipment does not contain the document required for the product ordered, please contact the seller by e-mail: teahouse@abv.bg.
14.3. Seller will only deliver the Goods and provide the Services on the territory of Bulgaria.
15. WARRANTIES
15.1. The seller offers all the Goods of the Platform with a guarantee of origin and quality. The seller is responsible for monitoring the expiration date and offering only items that are not expired.
15.2. Returns of goods are not accepted due to the nature of the products.
16. TRANSFER OF OWNERSHIP
16.1. The ownership of the Goods will be transferred from Seller to the Purchaser after the payment has been made by the Buyer. The delivery of the Goods will be certified by the Buyer’s signature of the transport document provided by the courier.
17. PUBLICATION OF REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
17.1. Writing Reviews, Comments, Questions and Answers can be done by the Customer. Written information may be both positive and negative, and must relate to the characteristics and the manner of use of a good or service.
17.2. At the time of registration of a Platform Review / Comment / Question / Response, Customers give Tea House an exclusive, permanent, irrevocable, territorially unlimited license and the right of Tea House to use, reproduce, modify, adapt, publish, translate, and displays this content.
17.3. Each Customer, at the time of publishing the Review / Comment / Question / Answer in the above sections, undertakes to comply with the following rules:
• to rely only on the characteristics and / or the use of a particular product or service, avoiding information relating to aspects that can be changed (eg price or promotional offers);
• use only Bulgarian and write in Cyrillic. Words or phrases which, although not Bulgarian, are widely used by all media in the relevant field (example: mouse, notebook);
• Use an appropriate statement, not insulting offensive statements or ones that may affect third party rights;
• fit the Platform’s content correctly as follows: each question is published in the “Questions & Answers” section and each Review is published in the “Reviews” section.
• Ensure that the information he / she enters is realistic, correct, non-disrespectful and in compliance with applicable laws, including, but not limited to, the rights of others – Copyright, Intellectual Property Rights, Licensing Rights, or other proprietary rights, Advertising Rights, or Privacy.
• use this service only to communicate or obtain additional details about a particular product or service from the Platform without reference to other companies that promote the sale and purchase of goods and / or services;
• not to provide or require in any way or form any personal data (contact information, address of delivery or domicile, telephone numbers, e-mail addresses, own and / or surnames, etc.) or other information to lead to the disclosure of such personal data;
• not to publish information and / or details about URLs (links / links) from other sites that develop the same or similar business activity as Tea House;
• Not to include Reviews / Comments / Questions / Answers that contain advertising materials;
• not to use Reviews / Comments / Questions / Answers as a means of communication with Seller, for this purpose Seller’s contact details will be used on the Platform.
17.4. In addition to a critical, realistic estimate at the time of the publication of a Review, the Customer should also add a Rating for the relevant product or service. The reviews, along with their respective Ratings, will affect the overall Product or Service Rating, which will be expressed by a number close to the Goods. Thus, a Review that is accompanied by a High Rating leads to an increase in Total Rating, and a Review that is accompanied by a Low Rating results in a decrease in the overall rating.
17.5. Customers who post reviews to which they attach photo or video files will adhere to the following rules:
• the uploaded files will contain images and / or videos about the product or service for which the reviews are written, making sure uploaded files do not infringe the copyrights of third parties;
• the uploaded files do not contain violence, content, childish, obscene language or other content that offends another person / group of people based on race or ethnic origin, religion, disability, gender, age, military service, sexual or political orientation; any other form of discrimination;
• Uploaded files do not contain information related to others;
• uploaded files do not contain URLs or watermarks to other sites that perform the same or similar business activity as a Tea House.
17.6. When a Client reports that a Review / Comment / Question or Response has inadequate content, this content should be carefully reviewed by the Tea House in order for the User to determine whether the Terms of Use of the Platform are violated. The published texts, photos or videos are removed from the Platform only after a Teen House check.
17.7. In the event that Tea House finds a repeated violation of these Terms of Service, it reserves the right to limit the Customer’s ability to post Reviews / Comments / Questions and Answers in the “Questions and Answers of Clients” and “Reviews” sections without obliges itself to justify this.
17.8. Regarding complaints and complaints related to the purchased goods and / or service, each buyer can make his claim by completing the standard form to facilitate the exercise of the consumer’s right of withdrawal under the Consumer Protection Act and sending it by email. The form can be copied from here:
STANDARD EXERCISE FORM OF RIGHT OF REFUSAL
Until ………………………
/ name of trader /
…………………………………………………………………… ..
/ address, company ID /
I hereby inform you that I am giving up my purchase contract for the following goods / services: …………………………………………………. /Description of the product/
The item was ordered on ………………….
Goods received on …………………. / indicate the date of receipt by the user /
……………………………………………………………………… ../ User name /
City/address with ……………………………………………………………. / User Address /
………………. ……………………………
/ Date / / Signature of the user /
18. RESPONSIBILITY
18.1 The Seller is not liable for any damage suffered by the Buyer as a result of force majeure or any outside of Seller’s control.
19. PROCESSING OF PERSONAL DATA
19.1. The purpose of the data collection is to: notify customers of the information in their Accounts, inform Buyers of the status of their Orders, evaluate the Goods and Services offered, other commercial activities, advertise Goods and Services, marketing, media, administrative, research, to market research, track and monitor sales and customer behavior.
19.2. By filling in the Account and / or Order Form, the Customer declares and accepts unconditionally that his or her personal data will be included in the Tea House database and expressly and unambiguously agrees that all such data be archived, used and processed for the purposes described in items 11.1 and 19.1 of these General Terms and Conditions.
19.5. Each Buyer is deemed to be informed by these general terms and conditions that he is guaranteed the rights provided by Bulgarian law, such as the right to information, the right to change his or her personal data, the right to object, the right under Art. 17, the right to appeal to the court in case of violation of its rights guaranteed by Law 677/2001 on the Protection of Individuals with regard to the Processing of Personal Data and the Free Movement of such Data.
19.6. Each Client has the right to file a written application containing the date and signature and sending it to: Teen House – Plovdiv, Center, Kapana District, 10 Abadjiiska Street, Plovdiv 4000, in order to exercise the right to obtain information as to whether or not his / her personal data is processed, for which he / she owes no charge.
19.7. Each Client may exercise his / her right to change his or her personal data by submitting a written request, dated and signed at: Chakana House – Plovdiv Center, Kapana District, 10, Abadjiiska Street, Plovdiv 4000, according to the following objectives:
• correcting, updating, blocking or deleting data whose processing does not comply with Law 677/2001 on the Protection of Individuals with regard to the Processing of Personal Data and the Free Movement of such Data, especially incomplete and inaccurate data;
• the conversion of anonymous data, the processing of which is not in accordance with Law 677/2001 on the Protection of Individuals with regard to the Processing of Personal Data and the Free Movement of such Data;
• Notification to third parties to whom personal data has been provided for processing unless this proves impossible or involves excessive efforts to the legitimate interest that may be affected.
19.8. Buyer agrees and authorizes Tea House to provide his / her personal data to other affiliated companies, but only if the latter have undertaken to store and process them in accordance with the law.
19.9. Buyer’s personal data may be provided to the Prosecutor’s Office, the police, judicial institutions or other public authorities, on the basis of and within the framework of legal provisions and as a result of an explicit request from them.
20. FORCE CIRCUMSTANCES
20.1. Neither party will be held responsible for any failure to perform its contractual obligations if such non-performance is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties that can not be avoided.
20.2. If, within 14 (fourteen) days of the date of the event in question, it does not cease, either party shall have the right to notify the other party that it will terminate the Contract without owing the other indemnity for any possible damage.
21. APPLICABLE LAW – JURISDICTION
This Treaty is subject to the Bulgarian legislation. Possible disputes between Tea House and Clients will be resolved by mutual agreement or, if that is not possible, the disputes will be settled before the competent Bulgarian courts in Plovdiv Municipality.
