WEBSITE TERMS AND CONDITIONS OF USE
Last updated: 05.05.2020
CONTENTS:
- INTRODUCTION
- PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS
III. DEFINITIONS
- IV. INFORMATION ABOUT THE PROVIDER. INFORMATION ABOUT THE SUPERVISORY AUTHORITIES
- SUBJECT MATTER OF THE TERMS AND CONDITIONS
- VI. CHARACTERISTICS OF THE WEBSITE
VII. REGISTRATION
VIII. ORDERS
- IX. PRICING AND PAYMENT TERMS
- DELIVERY
- XI. CLAIMS AND REFUSAL OF DELIVERY
XII. RETURN OF GOODS
XIII. REIMBURSEMENT OF PAYMENTS
XIV. FORCE MAJEURE
- RIGHTS, OBLIGATIONS AND LIABILITY OF USERS OF THE WEBSITE
XVI. RIGHTS AND OBLIGATIONS OF THE PROVIDER
XVII. PERSONAL DATA PROTECTION
XVIII. EXEMPTION FROM LIABILITY
XIX. DISPUTE RESOLUTION
- XX. LINKS TO THIRD PARTY WEBSITES
XXI. NEWSLETTER SUBSCRIPTION
XXII. INTELLECTUAL PROPERTY RIGHTS. LIMITATIONS OF USE
XXIII. FINAL PROVISIONS
- INTRODUCTION
Welcome to https://lamoreshop.com// (hereinafter referred to as “Web site” or “website”) which is operated by „L`AMORE“ Ltd. (hereinafter referred to as Provider) and may be accessed worldwide.
By using this website you warrant that you are at least 18 years of age and agree to be bound by these Terms and Conditions for the use of the website. Please read these Terms and Conditions carefully before using this website and if you have any questions, please contact us at +359 897 983 432 or info@lamoredecoration.com.
If you do not agree to any of the conditions contained in these Terms and Conditions, you should not use this website.
- PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS
1.1 These Terms and Conditions have been drafted and intend to regulate the relations between „L`AMORE“ Ltd., a company, registered in the Commercial Register at the Registry Agency with UIC: 202297513, having its seat and registered address at: Sofia, 84 „Stara Planina“ Street, Floor 8, Apartment 23, telephone: +359 897 983 432, e-mail address: info@lamoredecoration.com and website: https://lamoreshop.com//, hereinafter referred to as “Provider”, and the users of the Website, hereinafter referred to as “Users”, in connection with the use of this website. The other documents that govern the relationship between the Provider and the Users in connection with the use of the website are the Privacy Policy and the Cookies Policy.
1.2 These Terms and Conditions will come into force as soon as the User uses the website for the first time. The Terms and Conditions shall be applied each time the User visits and uses the website and will have effect from stopping of the use of the website. The User undertakes to use the website and all the contents of the website legally, in accordance with the conditions set forth in these Terms and Conditions.
III. DEFINITIONS
2.1 For the purposes of these Terms and Conditions:
a/ Provider is „L`AMORE“ Ltd.
b/ User/s is/are:
– the visitor/s to the website https://lamoreshop.com//;
– the individual who has purchased goods from the online shop of the Provider;
– the individual who has subscribed to receive newsletters.
c/ Contact Form is a provided formular in an electronic form, which full completion is a condition for contacting the Provider.
d/ Newsletter subscription is including an User’s e-mail address in a list with e-mail addresses where the owner of the e-mail address receives updated information about the goods offered by the Provider.
2.2 These Terms and Conditions provide information about:
-Identification of the Provider;
– Subject matter of the Terms and Conditions;
– Characteristics of the Website;
– The conditions under which an account on the website is registered;;
– Way of ordering of goods;
– Pricing and payment terms;
– Delivery;
– Claims and refusal of delivery;
– Return of goods;
– Reimbursement of payments;
– Force majeure;
– Rights, obligations and liability of Users of the website;
– Rights and obligations of the Provider;
– Personal data protection;
– Exemption from liability;
– Links to third party websites;
– Newsletter subscription;
– Intellectual property rights;
– Final provisions.
- IV. IDENTIFICATION OF THE PROVIDER
- Name of the Provider: „L`AMORE“ Ltd.
- Seat and registered address: Sofia, 84 „Stara Planina“ Street, Floor 8, Apartment 23
3.Contacts: telephone: +359 897 983 432, e-mail address: info@lamoredecoration.com.
- Data for entry in the commercial register and any other public register:
– „L`AMORE“ Ltd. is a company, registered in the Commercial Register at the Registry Agency with UIC: 202297513. „L`AMORE“ Ltd. is VAT registered.
INFORMATION ABOUT SUPERVISORY AUTHOROTIES
- Commission for Personal Data Protection
Address: Republic of Bulgaria, Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
Telephone: 02/91-53-519
Fax: 02/91-53-525
Е-mail: kzld@government.bg, kzld@cpdp.bg
Web-site: www.cpdp.bg
- Commission for Consumer Protection
Address: Sofia 1000, 4A “Славейков” Square, floor. 3, 4 and 6
Telephone: 02/933 0565
Fax: 02 / 988 42 18
Hot line: 0700 111 22
Email: info@kzp.bg
Website: www.kzp.bg
- SUBJECT MATTER OF THE TERMS AND CONDITIONS
3.1 The Provider has created the website https://lamoreshop.com//, which contains detailed information about the goods offered to the Users.
3.2 The Provider provides and the Users undertake to use the website under the conditions set forth in these Terms and Conditions.
3.3 In its professional activity, the Provider guarantees to the full extent the rights of the Users provided by law, as an additional corrective of its activity are namely the good faith, as well as the consumer and commercial criteria established as good practices.
- VI. CHARACTERISTICS OF THE WEBSITE
4.1 The website is an online shop for offering flowers, bouquets, flower boxes, gifts, cards and more. It is created to inform Users about the goods offered by the Provider and the latter to be contacted if the User wishes to order any of the goods offered and advertised on the website or User’s e-mail address to be included in a list with e-mail addresses where the owner of the e-mail address receives updated information about the goods offered by the Provider
4.2 The main characteristics of the goods offered are indicated individually in the relevant profile of the goods selected by the User.
4.3 The website includes comprehensive information about:
– Information about the Provider;
– All types of goods that the Provider offers to Users;
– Information about how to contact the Provider;
4.4 Services provided
The Users of the website have the opportunity to use the following services, namely:
– to view the content of the website or online shop;
– to register a profile;
– to purchase the goods offered by the Provider through the Provider’s online shop;
– to make payments for the goods purchased from the online shop;
– to receive information about new products and special offers offered by the Provider.
4.5 The Provider offers for sale at a distance the goods offered in the online shop.
4.6 The Provider provides a detailed information to the Users for each item offered for sale in the online Shop.
VII. REGISTRATION
5.1 The services offered on the website are intended to be used by Users who are mature and capable. By accepting these Terms and Conditions of use, the User declares that he/she meets these conditions.
5.2 The registration on the website is voluntary and free of charge. Registration entitles Users to purchase an offered in the online shop of the Provider goods and also to use all the services of the online shop. To register, the User shall select the “Register” button and fill out a registration form in which the following data shall be filled: e-mail address.
5.3 After filling out the form and clicking the “Register” button, the User will receive an email from the Provider on the e-mail address specified in the registration form to verify the email address of the account. By completing the registration procedure, an User’s account is created on the website. To sign up the User shall fill his/her e-mail and password. After the registration of the profile, the User has the opportunity to access the profile, as well as to enter a name and surname, address and telephone number to be saved in the registered profile, as well as to make changes in the data.
5.4 It is prohibited the same e-mail address to be registered for more than one User’s account.
5.5 The User confirms that the information provided during the registration is correct. The Provider is not responsible for any typographical errors or misrepresentations of information or information presented in a misleading manner. The User undertakes to update and correct outdated and inaccurate data within 7 days of the change of the data. The User is responsible for all actions that are performed through the registered account. The User undertakes to notify the Provider of suspected or unlawful access.
5.6 The Provider has the right to reject an application for registration of User’s account or refuse access to the services offered on the website in the event that the User provides or the Provider has doubts that the User has provided incomplete, incorrect or inaccurate information. The Provider has the right to close/delete registered User’s account if, at his discretion or if data is available from competent government authorities, that the unauthorized actions are or have been committed through the registered User’s account.
5.7 In the case of an online order made by a registered User and a subsequent deletion of the profile, the order remains valid and is subject to execution.
VIII. ORDERS
6.1 No registration is required to use the website. Orders in the online shop are accepted 24 hours a day, seven days a week.
6.2 Users may purchase goods from the online shop by signing-up to the registered User’s account. In addition, goods can be also purchased if the User does not have a registered account, as well as by telephone from 09:00 to 20:00.
6.3 Orders from Users with a registered User’s profile: To place an order from the online shop, the Users who have a registered User’s profile need to log in to their profile, select the product(s) they want to purchase, press “Order” button and enter the the recipient’s data, namely: name and surname, telephone number, address, date of delivery and time interval for delivery of the goods. The User should also enter the details of the sender: name and surname, e-mail address, telephone number. The User can also: – leave a greeting message of up to 250 characters (optional); – leave a signature (who is the sender of the ordered goods). The User has the right to enter invoice data for issuing of an invoice. The User is also entitled to choose from the following options: – Do not call the recipient. I guarantee that he/she will be at the specified address at the time of receipt; or – I allow you to call the recipient to specify the time (place) for receipt. Next, the User should choose the type of delivery and the method of payment from the following options: – payment with cash on delivery; – payment by bank transfer; – payment by card; – payment through PayPal system; – payment through the ePay.bg system. After selecting the payment method, the User shall mark the field that he/she accepts the Terms of Use and press the “Order” button. In case the User has chosen to pay by bank or through PayPal or ePay.bg system, the User will be redirected to a secure form where he/she shall make the payment.
6.4 It is assumed that when making an online order from a registered User’s profile, the User who made it is the one on whose behalf the respective profile is registered.
6.5 Orders from Users who do not have a registered User’s profile: In order to place an order from the online store, Users who do not have a registered profile need to directly select the goods they wish to buy from the online store, press “Order” button and enter the the recipient’s data, namely: name and surname, telephone number, address, date of delivery and time interval for delivery of the goods. The User should also enter the details of the sender: name and surname, e-mail address, telephone number. The User can also: – leave a greeting message of up to 250 characters (optional); – leave a signature (who is the sender of the ordered goods). The User has the right to enter invoice data for issuing of an invoice. The User is also entitled to choose from the following options: – Do not call the recipient. I guarantee that he/she will be at the specified address at the time of receipt; or – I allow you to call the recipient to specify the time (place) for receipt. Next, the User should choose the type of delivery and the method of payment from the following options: – payment with cash on delivery; – payment by bank transfer; – payment by card; – payment through PayPal system; – payment through the ePay.bg system. After selecting the payment method, the User shall mark the field that he/she accepts the Terms of Use and press the “Order” button. In case the User has chosen to pay by bank or through PayPal or ePay.bg system, the User will be redirected to a secure form where he/she shall make the payment.
6.6 The Provider confirms the acceptance of an order by sending an e-mail to the e-mail address indicated by the User, stating that the order has been accepted. The confirmation sent by email contains information about the order number, the date and time of the order, the ordered goods, the size and quantity. Email order confirmation is considered to be the conclusion of a distance sales agreement. The confirmation sent by Provider to the User is deemed to have entered into force when it was sent to the e-mail address specified by the User, even though the sent e-mail has not reached the User.
6.7 The Provider shall have the right to substitute flowers equivalent in style and value at the discretion of the florist, in order to preserve the overall appearance and value of the finished product in the event that some of the flowers ordered are not available. In such cases, the Provider shall contact the User by telephone in order to specify the details and the possibilities for making the order. In case the User does not agree with the alternative proposed by the Provider, the full amount of the paid sum will be refunded. The amount will be refunded by bank transfer upon receipt of a confirmation from the User, within 5 working days, to a bank account provided by the User via e-mail.
6.8 The Provider has the right to cancel orders for which there are grounds to believe that contain incorrect data. The Provider notifies Users of missing data or incorrect data, and in the event that the Provider does not receive complete or correct information within 36 hours, the Provider cancels the order.
6.9 The User has the right to refuse an order placed at least 24 hours before the delivery time. This condition is not valid for orders placed on the day of delivery that are considered as express orders. If the order is canceled less than 24 hours before the delivery time, the User shall pay a penalty of 10% of the value of the order. The order cancellation shall be made by phone call or e-mail. The refund is made by bank transfer, within 5 working days, to a bank account provided by the User.
- IX. PRICING AND PAYMENT TERMS.
7.1 The prices of the goods offered for sale at the Provider’s online shop are in Bulgarian Leva.
7.2 Payments of goods ordered may be made in one of the following ways:
– by bank transfer;
– by debit/ credit card;
– payment with cash on delivery;
– payment through PayPal or ePay.bg system.
The Provider does not accept bank transfers from abroad and has the right to refuse the execution of orders paid in this way. The order amount will be returned to the sender, but after the bank transfer fees have been deducted.
7.3 The User shall pay the Provider in advance the whole amount of the ordered goods through the online shop, except in cases where the payment is made with cash on delivery. If the currency of the card with which the payment was made differs from the payment currency, the payment amount will be calculated on the card issuer’s respective exchange rate for the day.
- DELIVERY
8.1 The Provider delivers the goods ordered by the User at a specified by the User address only on the territory of the Republic of Bulgaria. Deliveries in the city of Sofia and the district of Sofia-city are made by the courier of the Provider. Deliveries in other cities of the country are made by Econt Express. The shipping costs are as follows:
– for orders over 20 BGN and in the territory of the city of Sofia, the delivery is free of charge;
– for orders with value less than 20 BGN and on the territory of the city of Sofia, the cost of delivery is 10 BGN;
– for orders outside the city of Sofia, the cost of delivery is 20 BGN.
8.2 The goods shall be dispatched to the territory of the Republic of Bulgaria as follows:
– For orders that shall be delivered outside Sofia city, with delivery day specified on Monday, orders should be placed before 12:00 noon on Friday;
– For orders made on business days the delivery is made within 3 working days;
– For orders made during a period of discount the delivery is made within 4 working days.
– For orders made on weekends (Saturdays and Sundays), official holidays of the Republic of Bulgaria, as well as other holidays accepted by the National Assembly, the delivery shall be made by 5 working days.
– Express orders are delivered within 3 hours at the earliest after payment is made and only within the city of Sofia and the district of Sofia-city, but not in other places of the country.
For the avoidance of any doubts, orders outside the city of Sofia are delivered from Tuesday before noon to Saturday before noon. The Provider does not make deliveries outside the city of Sofia on Sunday, Monday and public holidays. Deliveries are made daily from 10:00 am to 9:00 pm, including Saturday and Sunday.
8.3 The Provider shall provide the User information by e-mail about the dispatch of the goods and the tracing of the delivery on the day the goods are delivered to the courier organization. For orders outside of Republic of Bulgaria, the delivery time is between 3-10 days depending on the place where the goods shall be delivered.
8.4 In the event the goods ordered by the User are not available, the Provider shall notify the User thereof within 5 working days after receiving the order and refund the amount paid by the User within 14 days as described in the section “Reimbursement of payments” of these Terms and Conditions. The Provider shall not be liable for any quantities of a product being exhausted.
8.5 In the event that more than 30 days have elapsed since the conclusion of the agreement and the goods have not been delivered, the User has the right to terminate the agreement and the Provider shall refund all paid sums to the User.
8.6 Orders sent to an office of the courier company will be detained in the courier’s office for up to ten days. Upon expiration of this period, the Provider has the right to cancel the order by informing the User about this within seven days.
8.7 For orders that shall be delivered to a specified by the User address, the goods are handed over to the User against a signature certifying that the goods have been received. In the event that the goods cannot be handed in person to the User, they shall be handed to persons found at the address or persons designated by the User, indicating the name of the person who received the delivery and his or her relation with the User. In the event that the User is not found at the specified address, the Provider has the right to cancel the order or leave it in the nearest courier’s office, with the goods remaining in the courier’s office for a period of 10 days, after which the order will be considered cancelled, and the goods will be returned to the Provider. In this case, the Provider will withhold the amount paid by the User as compensation for the non-performance of the agreement by the User. The Provider shall notify the User thereof within seven days.
- CLAIMS AND REFUSAL OF DELIVERY
19.1 Upon delivery of the goods ordered by the courier company, the User undertakes to carefully view the goods and refuse to receive them in the presence and before the courier in the following cases, namely:
– the price of the goods does not correspond to the price indicated on the e-shop for cash on delivery;
– the delivered goods are different from those ordered by the User.
In case the User refuses to receive the goods in the presence of any of the stated reasons, the User signs a protocol in the presence of the courier, where the reasons for the refusal are described and immediately informs the Provider at +359 897 983 432 or info@lamoredecoration.com.
If the User refuses to receive the delivered goods for reasons different than the above described, the refusal is considered unfounded and the User undertakes to pay the costs for the return of the goods.
9.2 In case the goods delivered are different from those ordered by the User, the latter may choose the paid to be reimbursed or the goods to be replaced with the goods actually ordered, in which case the Provider will bear the delivery costs.
XII. RETURN OF GOODS
10.1 According to Article 50, para. 1 of the Consumer Protection Act the User shall have the right to withdraw from the distance contract without giving any reason, without compensation or penalty and without bearing any costs whatsoever other than the costs provided for in Article 54, para. 3 and Article 55 of the Consumer Protection Act, within a period of 14 days from acceptance of the goods by the User or by a third party other than the carrier and indicated by the User – in the case of a sales contract. Return of goods beyond the specified period will not be accepted. For the avoidance of doubt, the following types of goods cannot be returned: bouquets, flowers and goods containing bouquets and flowers.
10.2 The User shall be obliged to return the goods in the condition in which they were at the time of delivery. The Provider will not accept goods that have been repaired or damaged, goods with damaged or incomplete packaging, with traces of wear or excessive use, as well as scratches. The Provider will not accept goods that are not accompanied by all the accessories with which the goods have been delivered.
10.3 The user shall be obliged to return the goods purchased by him/her in the original package, accompanied by the labels intact, as well as all the documents with which the goods in question were delivered.
10.4 In the event that the User has purchased more than one identical item and wishes to return it to the Provider within the statutory 14-day period, it is mandatory that only one of these products has been opened. The other must be in a sealed package, otherwise they will not be accepted.
10.5 The return of goods by the User shall be done by sending the goods, by courier, to the address: Sofia, 24 “Shipka” Street.
10.6 In order to return the goods to the Provider, the User shall fill in the following standard form pursuant to Annex 6 of the Consumer Protection Act, namely:
Standard form for exercising the right of withdrawal:
(please fill in and submit this form only if you wish to withdraw from the distance contract)
– To (the name of the provider, its address and, where applicable, fax number and e-mail address, to be filled)
– I hereby inform you that I am withdrawing from the distance contract for the purchase of the following goods, namely: …………….
– Ordered on / received on
– Name of the User
– Address of the User (s)
– Signature of the User (s)
– Date
10.7 After completing this form and making sure that the goods which the User wishes to return are eligible for return pursuant to article 10.2 of these Terms and Conditions of Use, the User must send the filled form at info@lamoredecoration.com days of receipt of the form for exercising the right of withdrawal filled by the User, the Provider will contact the User to clarify the terms and conditions of return of the goods.
10.8 The return of the goods shall be the sole responsibility of the User and therefore the risk of damage or loss shall be borne by the User until the goods the delivery of the goods to the Provider. All costs related to the return of the goods are at the expense of the User.
XIII. REIMBURSEMENT OF PAYMENTS
11.1 In the event that the User exercises his right of withdrawal within 14 days from the date of delivery of the goods, for the goods for which the right of withdrawal is allowed, the Provider undertakes to reimburse the paid amount not later than 14 days from the date on which the Provider has been notified of the User’s decision to withdraw from the agreement. The Provider is entitled to postpone a refund of the amount payable to the Supplier upon receipt of the returned goods or upon receipt of proofs that the goods have been sent to the address of the Provider, whichever of the conditions comes first.
11.2 If the amount has been paid with a card through the virtual POS terminal of the online shop, the amount will be refunded on the card from which the User has made the payment.
11.3 If the amount has been paid through the PayPal or ePay.bg system, the amount will be refunded on the card from which the User has made the payment.
11.4 If the amount has been paid by bank transfer, the amount will be paid into a personal bank account specified by the User. The Provider shall not be liable for a wrongly specified bank account by the User.
11.5 If the amount has been paid on cash on delivery, the User should send back to the Provider the goods with courier company. In this case, the Provider will pay the courier and retrieve the goods, after which the courier company will contact the User in order to reimburse the amount in question.
11.6 The Provider shall notify the User by e-mail of the reimbursement of the amount paid.
11.7 Conditions for reimbursement of amounts paid by the User: If the order has been canceled at least 24 hours before the delivery time, the Provider will refund the full amount of the order. If the User cancels the order less than 24 hours before the delivery time, a penalty of 10% of the value of the order will be incurred. The amount will be refunded by bank transfer upon receipt of confirmation from the User (by email or telephone) within 5 business days to a bank account provided by the User via e-mail.
XIV. FORCE MAJEURE
12.1 The Provider shall not be held liable for total or partial failure to deliver the ordered goods, including a delay in delivery or defect and/or damage of the item if it is due to “Force Majeure” (Force Majeure). “Force majeure” means an extraordinary circumstance (event) that arose after the signing of the agreement, could not be foreseen and is not dependent on the will of the parties, such as: fire, industrial accidents, military actions, natural disasters – storms, torrential rains, floods, hailstorms, earthquakes, ice, drought, landslides, etc. natural elements, embargo, government bans, strikes, riots, etc.
12.2 In the event that the Provider has been unable to fulfill its obligations due to a force majeure, the Provider shall be obliged within 10 days to notify in writing the User of its occurrence, as well as the supposed period of validity and termination of force majeure.
- RIGHTS, OBLIGATIONS AND LIABILITY OF USERS OF THE WEBSITE
13.1 The User undertakes to use the website and its functionality legally and in accordance with these Terms and Conditions of Use.
13.2 The User has the right to review the contents of the website.
13.3 The User has the right to contact the Provider of this website.
13.4 The User has the right to purchase the goods offered by the Provider and to make payments for the goods purchased from the online store.
13.5 The User has the right to receive information about new goods offered by the Provider.
13.6 The User has the right to register only one account.
13.7 The User has the right to delete an account he registered at any time.
13.8 The User undertakes to update the information in his registered account in case of any change that has occurred within 7 days.
13.9 The User is not allowed to modify, copy, duplicate, create derivative or customized, separate or entire parts of the website.
13.10 The User is not allowed to provide to any third party in any manner and in any form, for any commercial or non-commercial purpose, any content, information, know-how or technology that is derived in part or in whole from the website.
13.11 The User is not allowed to publish, send or otherwise make computer viruses or the like.
13.12 The User is not allowed to disable and/or upset the full or partial functionality of the website as well as the services offered on the website.
13.13 The User is not allowed to generate excessive web traffic or to overload website traffic.
13.14 The User is not allowed to disrupt the operation of networks or servers that are related to the Services and may not interfere with the provision of services.
13.15 The User shall not attempt to gain unauthorized access to any part of the website or to the servers maintained and owned by the Provider.
13.16 The User undertakes to keep secret of his/her e-mail address, username and password for accessing of his/her registered account.
13.17 The User is not allowed to provide his account for use by others. The User is not allowed to use the accounts of other persons.
13.18 The User shall immediately notify the Provider of any unauthorized use of the username and password.
13.19 The User is not entitled to use the Provider’s trademark. The User is responsible for any actions he/she has done in connection with the use of the website.
13.20 The User is not allowed to send “spam”, “junk mail”, “chain letter” or any unsolicited commercial messages.
XVI. RIGHTS AND OBLIGATIONS OF THE PROVIDER
14.1 The Provider may at any time make changes to the website at its sole discretion, without obligation to notify.
14.2 The Provider may at any time update, modify, expand, add or remove services on the website.
14.3 The Provider may at any time make changes to the description and the prices of the goods offered for sale in the online shop.
14.4 The Provider shall have the right to cancel unconfirmed orders.
14.5 The Provider has the right to remove inactive accounts.
14.6 The Provider is entitled to temporarily suspend or terminate the provision of a service in case of violation and/or suspicion of breach of these Terms and Conditions of Use or in case of unfair behavior and/or suspicion of unfair behavior of the User.
14.7 The Provider has the right to close/delete the registered User’s account in the following cases:
– if the account has not been used for a long period of time (more than three years);
– at any time upon request by the User by e-mail;
– in other cases at Provider’s discretion, after prior notice.
14.8 The Provider has the right to limit or block User’s access to its registered account in the following non-exhaustive cases:
– When the User acts in violation of these Terms and Conditions;
– When the User performs actions that violate the reputation of the website;
– When the User performs actions that violate the Provider’s interests;
– In case of actions that violate the security and functioning of the website;
– In case of violation of the Provider’s intellectual property rights;
– On receipt of an order from a competent state authority.
14.9 The Provider has the right to refuse the creation of a new account of an User, whose account has been deleted or blocked.
14.10 After receiving the payment, the Provider is obliged to process the goods ordered by the User and to transfer to the User the ownership of the goods that has ordered for purchase.
14.11 The Provider has the right to refuse deliveries in specific cases.
XVII. PERSONAL DATA PROTECTION
15.1 The Provider collects and processes personal data of Users by applying all the standards for the protection of personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The Provider respects the privacy of Users and undertakes every effort to protect the personal data of Users against unlawful processing by applying technical and organizational measures, which measures are entirely consistent with state-of-the-art technological developments and provide a level of protection that corresponds to the risks associated with the processing and the nature of the data that should be protected. Detailed information on what personal data the Provider processes, the purposes of the processing of personal data, the period for the storage of personal data, as well as other information in fulfillment of the requirements of Article 13 of Regulation (EC) 2016/679 is available in the Privacy Policy which is published on the website of the Provider.
XVIII. EXEMPTION FROM LIABILITY
16.1 The Provider does not in any way give any guarantee that the website and its services will be available at any time and from anywhere in the world. The Provider does not guarantee that the website will remain unchanged and will be maintained indefinitely over time.
16.2 The information on this website could include technical inaccuracies or errors although the Provider uses reasonable efforts to keep all the information on this website up to date. The Provider takes the necessary steps to ensure that the Users have an uninterrupted access to the website and also maintains the website and services with the care of the good merchant for the purpose of providing services to Users with good faith. The Provider has the right to make changes and improvements to this website at any time without notice. The Provider assumes no liability or responsibility for any damages or losses incurred for the Users as a result of the use of this website and the information from this website.
16.3 The responsibility for the use of this website is entirely for the User as he/she operates and exploits its capabilities. The Provider assumes no liability or responsibility for any damages and adverse consequences associated with the use of this website, including in the event of material damage to the relevant technical device of the User.
16.4 The Provider shall not be held liable for acts performed by Users in violation of these Terms and Conditions of use. The Provider shall not be held liable for damages that are caused by false, misleading, inaccurate information provided by the Users of the website.
16.5 The Provider shall not be held liable for any damages resulting from a User’s fault, computer virus, omission, interruption or problem in the system itself, supporting the integrity and structure of this website.
16.6 The Provider does not guarantee that the goods and services and content posted on the website will meet the User’s expectations. In the event of any doubt as to the quality of any product or service or content posted on the website, the User should not use the website. If, in spite of these doubts, the User continues to use the website, the responsibility, together with all the consequences for that, lies with the User.
16.7 In the event that the User cannot be found within the delivery terms at the address specified by him/her or that access to delivery of the ordered goods is not provided by the courier company, the Provider shall be relieved of its obligation to deliver the goods as well as from responsibility for the possible negative consequences for the User as a result of this. The Provider is also not responsible for any delay in the delivery of the goods for reasons for which the courier company is responsible.
16.8 The images posted on the website are of high quality to enable Users to gain the most accurate idea of the type and quality of the goods. However, it is quite possible that there is an inconsistency between the actual colors and those displayed on the monitor of the individual User depending on the type of monitor and computer configuration of the User as well as its visual perceptions and the Provider is relieved of responsibility that the displayed monitor colors match the actual.
16.9 The Provider is not responsible for failed deliveries due to the absence of the recipient at the specified address, due to incomplete or inaccurate address and name of the recipient, due to the refusal of the recipient to accept the delivery or in case of unwillingness/inability of the recipient to open to the courier or to receive his telephone calls.
XIX. DISPUTE RESOLUTION
17.1 The Provider adheres to the highest standards of service to the Users and their interests.
17.2 In relation to para. 1 of this article, any dispute relating to an online purchase will be settled under the European Online Dispute Resolution platform, which can be found on the following website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
17.3 The European Online Dispute Resolution platform aims to resolve disputes relating to online purchases without going to court while facilitating communication between the Provider and the particular User and helping to maintain good relationships for the future between them.
17.4 The European Online Dispute Resolution platform uses only quality independent dispute resolution bodies that have been approved for quality standards relating to fairness, efficiency and accessibility.
17.5 The dispute may also be referred to the Conciliation Committees of the Consumer Commission, which are the conciliation committees of the ADR.
- XX. LINKS TO THIRD PARTY WEBSITES
18.1 The website of the Provider contains links to websites maintained by third parties (“Third Party Websites”) such as “Facebook” button, “Instagram” button and a link to the website of the developer of Provider’s website. All third party websites accessible through this website are independent and the Provider assumes no responsibility for damages and losses incurred by Users as a result of the use of these websites. The Provider is not responsible for the content on the Third Party Websites, and also for the presence of viruses or other harmful components on these websites.
XXI. NEWSLETTER SUBSCRIPTION
19.1 Newsletter subscription is including an User’s e-mail address in a list with e-mail addresses where the owner of the e-mail address receives updated information about the goods offered by the Provider. Users have the right to unsubscribe from the list in which their e-mail address is included by choosing the “unsubscribe” option when receiving a newsletter. The User may also withdraw his/her consent to receive a newsletter in the order specified in Section XIV of the Provider’s Privacy Policy, which is available on the website of the Provider . The newsletter is distributed free of charge and the Provider is in no way bound to send newsletters on a regular basis.
XXII. INTELLECTUAL PROPERTY RIGHTS. LIMITATIONS OF USE
20.1 The whole content on the website, including, but not limited to, all published texts, illustrations, graphics, photos, computer programs, trademarks and any information posted on the website, is the exclusive property of the Provider. Тrademarks, that are posted on the Website are protected by the applicable law. Nothing in these Terms and Conditions shall be construed as а permission to grant the right to use the posted on the website trademark.
20.2 Тhe content of the website of the Provider may only be used by Users of the website for personal, non-commercial use.
20.3 The use of the information contained in this website for commercial purposes, in any form (copying, modifying, downloading, selling, creating derivative works, reproducing, distributing, publishing, retransmission, etc.) is strictly prohibited. Users assume all liability from the use of the content of the website in violation of the rights of the Provider and the User is entitled to full compensation for the damage caused by the User.
20.4 Access to the website and the services provided on the website shall in no way be considered and interpreted as a free provision of licenses or intellectual property rights.
20.5 Reproduction of the content of the website or any part of it is done only with the written consent of the Provider.
20.6 Retrieving information from database resources located on the Provider’s website and subsequently creating the User’s own database in electronic or other form will be considered a violation.
20.7 A User who posts comments on purchased goods and reviews purchased goods on the Website grants the Provider a non-exclusive, royalty-free license to record, use, delete, make publicly available and distribute on the Internet these comments and reviews by the User to the whole world.
XXIII. FINAL PROVISIONS
21.1 All communications and notifications between the Provider and the User will be deemed to be valid if they are sent in writing.
21.2 The invalidity of any provision of these Terms and Conditions will not result in the invalidity of the Terms and Conditions as a whole.
21.3 For all matters not covered by these Terms and Conditions, the provisions of the Bulgarian civil and commercial legislation shall apply.
21.4 Any disputes between the Provider and the User arising out of these Terms and Conditions and the individual agreement shall be settled amicably by the parties. If the dispute cannot be resolved amicably, it shall be settled according to the European online dispute resolution platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN) or by the Conciliation Committees of the Consumer Commission, which the Conciliation Committees are the ADR body or the competent court.
21.5 Тhe Provider has the right to update these Terms and Conditions of Use at any time in the future. When this happens, the revised Terms and Conditions will be posted on this website with a new “Last Updated” at the top of these Terms and Conditions and will be in force from the date of publication. It is therefore advisable to periodically check these Terms and Conditions to make sure that you are familiar with any changes. Using the website after publishing the updated Terms and Conditions, you will be deemed to agree with the changes made.
21.6 If you have additional questions about these Terms and Conditions of Use, please do not hesitate to contact the Provider at: +359 897 983 432 or info@lamoredecoration.com.