GENERAL TERMS AND CONDITIONS OF THE E-SHOP www.homefinishing.bg
Dear visitor, please read these Terms and Conditions carefully before using this website and before completing an order. If you use this website you are deemed to accept and agree to the published Terms and Conditions. Effective date: 01.10.2024.
I.SUBJECT
Art. 1 (1) These Terms and Conditions govern the relationship between the users of the electronic websites and services located on the domain www.homefinishing.bg, its subdomains and our Facebook page (hereinafter referred to as "Website", "Website", "Website", "E-shop", "Merchant", "Vendor", "HOME FINISHING", "Shop" "We") and apply to our relations with customers individuals (hereinafter referred to as "You", "User") who access our website or social networking page administered by us.
(2) For our professional customers ("you", "Professional") using the services and products offered on the Site, the Terms and Conditions apply on a limited basis. For this category of customer, these Terms and Conditions may not provide or may limit those rights provided to individual users who place orders for personal non-professional use. Provisions expressly stated to apply to consumers do not apply to professional customers. If it is stated that a particular provision applies to all "Customers" or "Buyers" without explicitly stating that it applies only to consumers, this means that the provision applies to both consumer and professional customers.
(3) In cases where a customer has placed an order through the website, it is assumed that there is a distance purchase contract with the e-shop, in which case these General Terms and Conditions apply. By placing orders via the website, you agree that information in connection with the concluded contract may be sent by email.
(4) These General Terms and Conditions apply to orders placed on the Site and to requests for goods or services made by a user/customer to the merchant by telephone, e-mail or social networks.
Section 2 You agree to comply with all provisions of these Terms and Conditions when using the Site.
- DETAILS OF THE SELLER
Art. 3 "HOME FINISHING" Ltd, UIC 148120124, VAT No. Varna, West Industrial Zone, ul. "10, correspondence address. Varna, West Industrial Zone, 10, Perla Str. "10, Perla, contact telephone number: 052 575525, e-mail address: orders@homefinishing.bg, administers and manages the website www.homefinishing.bg - an online shop offering the conclusion of a distance purchase contract under these Terms and Conditions. Throughout these Terms and Conditions, by "Site", "Website", "Webpage", "E-shop", "Merchant", "Seller", "HOME FINISHING", "We", you should understand HOME FINISHING E-shop operated and administered by HOME FINISHING Ltd.
Art. 4 You can contact HOME FINISHING Ltd. in the following way:
(1) via telephone: 052 575525;
(2) via email: orders@homefinishing.bg
(3) by letter to the address. Varna, West Industrial Zone, ul. "10;
(4) via the contact form on the Site;
III.DEFINITIONS
Art. 5 (1) "Visitor" means any adult natural person who uses the Site in any way, including by browsing or registering on it.
(2) A "User" is an adult natural person who purchases a product or service through an order on the Site for non-professional purposes. A "Professional" is any person or other legal entity that uses the Site in any way, including by browsing it, registering on it, and or purchasing a product or service by ordering on the Site for a professional purpose.
(3) "Customer" means any natural or legal person who has placed an order for goods or services on the Site, whether a consumer or a professional.
(3) "Trader", "Seller" is HOME FINISHING and the trading company HOME FINISHING Ltd.
(4) "Account", "Profile" is a section on the Site formed by a user's or merchant customer's email address, password and personal data that allows them to use the Site's services in cases where an account is required to use them and or to view their orders.
(5) "Manufacturer" means a natural or legal person who manufactures the goods offered in the e-shop for his/her own account and whose name/company, manufacturing or other distinctive sign is indicated on the goods, their packaging or commercial documentation.
(6) "Website", "Online Shop", "Merchant", "Seller", "HOME FINISHING ", "Shop", "Website" means the website located at the following web address: www.homefinishing.eu, as well as any social networking or internet page linked in any way to HOME FINISHING.
(7) "Goods", "Products" are all items in the shop, representing movable things, which are individualized with a detailed description and/or color image, have a price and or manufacturer.
(8) "Services" are all services in the store that are not goods and are individualized and have a price.
(9) "Contract", "Distance Contract", "Order", "Order" covers all cases in which a contract is concluded between HOME FINISHING and a customer by one or more of the following methods: i) order by post; ii) order via the internet (website, email, social networks, platform); iii) order by telephone or fax.
(10) "Suspensive Distance Contract" means a distance contract entered into between a Customer and HOME FINISHING on the condition that the same shall be performed on the agreed terms only if the Seller is able to do so. The Seller shall be deemed to have the ability to perform the contract if the following circumstances cumulatively exist: i) he has the goods in stock (when ordering goods); ii) he can perform the contract within the time and on the terms as agreed. The condition precedent shall be deemed to have been fulfilled and the contract shall become binding on the parties from the moment when the seller has confirmed to the buyer, in person or through a third party, the ability to deliver the goods or services on the agreed terms. The condition precedent shall be deemed not to have occurred and the contract shall not be binding on the parties in the event that the seller notifies the buyer of the impossibility of performance and in the absence of notification within 7 working days of the order that the seller can perform the contract.
(11) A "Voucher"/"Promo Code" is a document issued by HOME FINISHING in an electronic medium with a validity period of 6 months, unless otherwise stated on the website and in the voucher notice, which may be:
- Voucher against payment by the client - in this case the voucher is issued upon payment of the value by the client, and it constitutes an instrument under which there is an obligation on HOME FINISHING to accept within specified time limits as payment or part of payment for the provision of goods or services and for which the goods or services to be provided or the names of the persons who may provide them are indicated on the instrument itself or in related documentation, including the terms and conditions of use of the instrument in question.
Voucher as a gift from HOME FINISHING for new or loyal customers - in this case, the voucher is issued at the discretion of HOME FINISHING or by virtue of an advertising campaign, with which the recipient can use a discount on the prices of goods and services offered on the Site for a certain period and under the conditions specified in the voucher or in the advertisement for it.
IV.GENERAL PROVISIONS
Art. 6 (1) Access to the Site for the purpose of order registration or account registration is permitted for any person visiting the Site. Registration as a user on the Site is optional for the visitor.
(2) HOME FINISHING's Terms and Conditions are binding for all customers of the Site. Any use of the Site means that you have read them carefully and have agreed to comply with them unconditionally.
(3) If any of the provisions of these Terms and Conditions of Use are found to be invalid or unenforceable, for whatever reason, this shall not render the remaining provisions invalid or unenforceable.
(4) The Site reserves the right, at its sole discretion, to restrict any customer's access to place an order and/or to any of the available payment methods if it deems that this would be detrimental to the Seller in any way. In this situation, it is the customer's right to contact the Customer Relations Department of the Site via the contact form or at the contact details indicated in Section II of these General Terms and Conditions to be informed of the reasons that led to the application of the above measures. The Site shall not be liable for any damages suffered or likely to be suffered by the customer as a result of this decision, where it is justified and justified.
(5) The Customer shall in certain cases have the right to publish opinions on goods and/or services, as well as to contact the Site at the addresses indicated in the "Contact" section. Posts or messages that contain profanity or inappropriate vocabulary will be removed from the Site or ignored.
(6) The Site may publish advertising or promotional information about the goods and/or services and/or promotions it offers on the Site for a specific period of time specified in the specific campaign.
(7) The features or prices of the products and services described on the Site are subject to change at any time. Due to technical reasons, they may contain errors, for which HOME FINISHING apologises in advance to its customers and informs that it is not liable for any errors.
Art. 7 (1) The General Terms and Conditions may be changed unilaterally by HOME FINISHING at any time by updating them on the website and subject to the provisions of the Consumer Protection Act (CPA).
(2) The updated General Terms and Conditions shall come into force immediately after their publication on the Site with respect to all future clients and users, as well as with respect to contracts concluded prior to the amendment with legal entity clients.
(3) Amendments to the General Terms and Conditions shall not affect distance contracts concluded with individual users prior to the update, unless otherwise provided by HOME FINISHING in compliance with applicable law and Article 8 of these General Terms and Conditions.
Art. 8 (1) In case HOME FINISHING wishes to bind to the amended General Terms and Conditions also users with contracts (orders) in force and unfulfilled or not terminated on the date of the update of the terms and conditions, the trader will notify the users by email within 7 days of the amendment.
(2) If the user does not agree with the amendments to the general terms and conditions, the latter may, within 1 month of notification by written notice to HOME FINISHING, withdraw from the contract without giving any reason and without compensation or penalty, or continue to perform it under the general terms and conditions in force before the amendment.
(3) If it fails to do so within the specified period, the updated General Terms and Conditions shall also come into force with respect to the user after the expiry of 1 month from the notification.
(4) The General Terms and Conditions shall enter into force immediately for all customers, without the need for notification, in case the changes made to the terms and conditions are imposed by a valid legal act.
(5) The updated General Terms and Conditions shall be binding on the trader's customers from the date of their update or from the date specified in the amendment notice.
Art. 9 HOME FINISHING makes serious efforts to maintain the accuracy of the information presented on the Site. However, taking into account possible technical errors or omissions in this information, HOME FINISHING specifies that the images of the products are illustrative and indicative, accordingly the products delivered may differ from the images.
Art. 10 (1) All goods, including those on promotion/discount, shall be sold and delivered until the quantities are exhausted, even if this is not explicitly stated on the Site.
(2) Some advertisements and offers are subject to a minimum or maximum quantity that can be purchased by a customer. If applicable, this is detailed in the individual offer.
Art. 11 The site may contain links, Internet links to other sites. HOME FINISHING is not responsible for the privacy policies and terms of use of websites that it does not administer, or any other information contained therein.
Art. 12 All images placed on the Site are only intended to create some idea of the type of product/service offered and not to represent it accurately. Accordingly, it is possible that some of the images of the goods or services on the Site (static/dynamic images/multimedia presentations, etc.) may not correspond to the appearance of the relevant goods or may give the wrong impression of the service offered. The Seller shall not be liable for such discrepancies unless they are material.
- CONCLUSION OF A CONTRACT
Placing an order through the Site
Art. 13 (1) The Customer declares his/her wish to order/purchase goods/services through the Site by placing an order electronically, which is possible with or without a registered account on the Site. There is no obstacle to place an order also by telephone or by e-mail, in which case you will receive an e-mail message at the e-mail address you have indicated. Once the Terms and Conditions have been confirmed, your order will be deemed to have been placed.
(2) The User is entitled, if he/she is 18 years of age or older, to order all goods and services listed on the Site, unless they are unavailable and only if the User is legally able to enter into binding contracts.
(3) When placing an order through the Site, the customer has the right to choose the type of goods or services, as well as their quantity according to the options offered on the Site. It is possible that the system may require you to select other characteristics (e.g. colour) if the products/services selected are in different variations.
(4) Once you have selected the products/services you want from the website and their quantity, you should add them to the shopping cart by clicking on the "Add" or similar button. You should then follow the checkout process, with the option to proceed directly to finalizing the order or to continue shopping on the Site.
(5) Before completing the order, you will be given the opportunity to choose the payment method and delivery terms, and in certain cases to enter a promo code guaranteeing a discount.
(6) You will also be obliged to provide data without which it is not possible for us to perform the contract. Such data are usually names, delivery address (when ordering goods), telephone number and e-mail address, and for merchant customers - company name, UIC, VAT number, manager, as well as invoice details - if you require one, and in certain cases you will be given the opportunity to register on the Site as a user.
(7) Before completing an order, the Customer shall ensure that he/she orders from a specifically selected product (good or service) with certain characteristics of the category in which he/she is interested.
(8) The Customer undertakes and is responsible for ensuring that all data provided by the Customer to HOME FINISHING in connection with the order is true, complete and accurate at the date of dispatch of the order. In the event of a subsequent change to these data, the customer must notify HOME FINISHING within 3 days. If he fails to do so, the customer shall be deemed to be in possession of the data he entered when placing the order. Costs resulting from changed data, such as re-delivery, are to be borne by the customer.
(9) Once you have verified the content and details of the order, the customer should click (click) on the "Order", "Buy", "Continue" or other similar option. By submitting the order, the customer authorizes HOME FINISHING to contact him in any possible way, when this is necessary in connection with the order placed, its delivery or the contract concluded. At this stage of the order, but before its completion, the Site indicates to the customer that there is a payment obligation.
(10) Separate and clear categories of goods and services with reduced value are available on the website in case of promotional campaigns or due to a defect of the product or its packaging described in the advertisement, as well as when an unpacked or bridge product is offered. This is expressly stated in the advertisement on the Site. All other products offered are new, unused products of the required quality. Discounts during promotional campaigns are only valid for orders placed after the campaign has started. Requests from customers who exercise rights abusively in order to benefit from discounts on goods purchased before the campaign will not be granted.
(11) HOME FINISHING shall ensure the proper packaging of the goods and the dispatch of the accompanying documents. If for any reason the shipment does not contain a document or component required with the product ordered, please contact us and we will do our best to provide it as quickly as possible.
Order confirmation
Art. 14 (1) When ordering via the Site, by phone, email or social networks, the Site sends a notification to the user by email or at the address whereby the distance contract between you as user and HOME FINISHING is deemed to be concluded under a condition precedent within the meaning of Art. 10 of these Terms and Conditions. The notification also certifies the successful registration of the order in the system of the trader, which does not have the meaning of acceptance, confirmation or commitment to its execution, unless otherwise stated in the notification. This notification shall also contain information pursuant to Article 47 and Article 48 of the Consumer Protection Act, respectively an extract from these General Terms and Conditions, as well as details of your order. In the case of an order from a professional customer, the contract shall be deemed to have been concluded from the moment of the order, and the website shall only send a confirmation if it deems this necessary.
(2) Notification of acceptance and commitment to execute the order shall be made by the seller with the notification under par. 1 or by a courier when the goods have already been delivered to him by the seller. In the latter case, the courier acts on behalf of HOME FINISHING. At its discretion, the merchant may notify the consumer and the customer merchant by email, SMS or by call.
(3) Until the time of notification under paragraph 2, HOME FINISHING shall be entitled not to deliver part or all of the goods or not to perform part or all of the services of the order for various objective reasons, including but not limited to exhaustion of their stock. In this situation, the seller's sole liability in the event of non-performance shall be to refund any price received in advance for the goods or services without compensation for non-performance.
Entry into force of the contract
Art. 15 (1) The distance purchase contract between the seller and the consumer shall be deemed to have been concluded subject to a condition precedent from the moment of receipt by the consumer of the notification referred to in Art. (1) of an order being registered with the seller. The contract shall be deemed to have been concluded at the time of the order if the customer is a professional, regardless of whether he has received the confirmation referred to in Article 14(1). 1 of these terms and conditions by email.
(2) By virtue of the contract concluded between the parties, the Seller undertakes, upon fulfilment of the conditions specified in Art. 10, to deliver personally or through third parties to the customer or to persons designated by him the goods or services ordered by the seller within the terms and conditions of these General Terms and Conditions, and the buyer to pay the agreed price and to accept the delivered goods or services.
(3) The contract binds the parties from the moment the seller notifies the customer that the goods or service can be delivered, the notification being by e-mail and/or SMS or call to the customer that the goods are ready for dispatch or the service can be provided.
(4) The purchase contract concluded between the customer and HOME FINISHING shall consist of these General Terms and Conditions and any additional agreements between the seller and the customer present in the confirmation of the concluded contract pursuant to Art. 1.
VI.TRANSFER OF OWNERSHIP
Art. 16 (1) In the case of sale of goods, the ownership of the goods shall be transferred from HOME FINISHING to the customer upon delivery of the goods to the customer or to a third party located at the address for collection and upon payment by the customer, if the value has not been paid in advance.
(2) The delivery of the goods shall be certified by the signature of the customer or the third person or representative of the customer on the transport document or the receipt provided by the courier.
(3) The risk of loss or damage to the goods shall be on the customer from the moment of delivery of the goods by the courier to the customer or third parties. If the courier is a person chosen by the customer, the risk shall be on the customer from the moment the goods are handed over by HOME FINISHING to the carrier. In any case, if a transport defect is detected, the customer is obliged to inform HOME FINISHING within the terms and conditions of article 25 of these Terms and Conditions.
VII.PAYMENT
Art. 17 (1) The prices of the goods and services advertised on the Site are final.
(2) The Website contains a large number of goods and it is possible that, despite our best efforts, some of the characteristics of the goods, including the price, may be incorrect. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible. We will give you the opportunity to confirm your order at the correct price or cancel it.
(3) HOME FINISHING is under no obligation to sell goods or services at incorrect prices on the Website.
Art. 18 (1) The price, the method of payment and the time limit for payment shall be specified in each order.
(2) Orders for products offered by the Seller in excess of £1,000 will not be payable on delivery but must be paid in full or in advance by bank transfer. Normally if prepayment is required this is stated in the advertisement.
(3) HOME FINISHING will invoice the customer for the goods or services ordered based on the information provided by the customer. Where the latter has not indicated that he/she wishes an invoice, HOME FINISHING or the courier shall only provide a fiscal receipt and/or a sales receipt for the cash payment received in accordance with the applicable legislation.
(4) In the case of payments via paypal or other similar payment systems or payments by bank transfer or card (where such options are available), the Seller shall not be liable for any costs in connection with fees, commissions or other additional payments made by the customer on the occasion of the transaction, as well as in the case of currency exchange applied by the bank issuing the customer's card in cases where the currency is other than Bulgarian lev (BGN).
(5) Payment by card to the Site is accepted as an international payment by banks in Bulgaria, and according to their rules for dealing with cards and card payments for this type of transaction, some banks or other institutions charge additional fees. The costs associated with such payments are the sole responsibility of the buyer. HOME FINISHING therefore recommends its customers to check with their bank for any additional fees that may be charged for online payments or those made through a bank for products and services sold from the Site.
Art. 19 The Customer is obliged to provide all information necessary for the issuance of the invoice in accordance with the Bulgarian legislation in force, if such is required. He may do so when placing the order or later by communication to the Seller.
(2) In order to correctly compile the invoice for the respective order, the customer is obliged to continuously update the data in his account, if registered, or in his order. He is obliged to review the information given in the respective order to ensure that it is complete, correct and accurate.
Art. 20 Orders from the site can be paid as follows:
(1) in cash on delivery (for ordering goods) - in this case the value of the ordered goods and the delivery (unless it is free of charge) shall be paid by the customer, by a third party designated by him or his representative to the courier making the delivery, at the time of receipt of the goods against a fiscal receipt provided by the latter; where this method is chosen, an additional cash on delivery fee shall be charged; payments shall also be accepted in cash on delivery by another carrier or the seller's own transport, in which case the customer shall receive a receipt for the payment made;
(2) by bank transfer - in this case, the value of the ordered goods and/or services and the delivery (unless free of charge) shall be paid by the customer or by a third party chosen by the customer to the seller's bank account, and the payment shall be deemed to be completed only after the same has been confirmed and the relevant amount has been credited to HOME FINISHING's bank account;
(3) by debit or credit card (virtual POS terminal) - in this case, the value of the ordered goods and/or services and the delivery (unless free of charge) shall be paid by the customer or by a third party selected by the customer through our partner's payment system specified in the payment stage. The customer is directly and automatically redirected to the Operator's Site, where the payer must enter his/her card details (card number), its validity, cardholder, and the last 4 digits of the card number (CVC/CVV security code), and these details are transmitted to the payment service provider's system to confirm the transaction. The payment is only considered complete once the customer agrees to the operator's terms and conditions and the system successfully registers the payment and the amounts are credited to HOME FINISHING's account. By providing the necessary details, the customer or third party payer identifies themselves, confirms the payment amount and instructs the card account to be debited with the payment amount and credited to HOME FINISHING's account. HOME FINISHING does not receive any details of your credit or debit cards. The Customer may not dispute a payment confirmed by entering a correct authentication password, CVC/CVV security code, personal 3D secret password or other authentication password/code or a payment confirmed by entering a 6-digit mobile app access code.
(4) with paypal - payments in this way should be made in favour of HOME FINISHING - in this case the value of the ordered goods and/or services and the delivery (unless it is free of charge) should be paid by the customer or by a third party chosen by him/her through the PayPal system; if you choose this type of payment, you will be redirected to the PayPal system where you must enter your e-mail and password or register in case you do not have one. Payment is only considered complete once the payment transaction has been confirmed and the amounts have been credited to HOME FINISHING's account. In this case, a fee may be deducted from the customer's payment, which is indicated at the payment stage.
(5) by tracking a link via the myPOS PayLink service - in this case, the customer will receive a link with a description of the transaction, the amount and currency of the payment and an expiry date; the amount will be paid by the customer if they make a payment via the myPOS secure platform by entering their credit or debit card details within the validity period of the payment link.
(6) with a voucher under the terms of Article 21 hereof.
Payment by voucher
Art. 21 (1) HOME FINISHING shall in certain cases issue vouchers of a certain value to be paid by the customer when ordering the voucher. These vouchers may be used subject to the conditions and terms specified in the voucher itself. Unless otherwise stated in the specific voucher or its advertisement, vouchers of a specific value may be used within 6 months of ordering and issue, on a one-off basis and against goods and services offered on the site that are not in a promotional campaign and which are of a value equal to or greater than the value of the voucher. In the event of the purchase of goods or services in excess of the amount paid for the voucher, the customer shall be obliged to pay the seller the difference under the terms and conditions applicable to standard purchases and according to the payment method chosen by the customer when selecting the specific goods or services. In the event of a purchase by means of a voucher of goods or services of a lower value, the difference is not refundable to the customer and cannot be transferred to other purchases on the site in the future. The same applies if the voucher is not used by you within the specified period. If the voucher is unnamed and not otherwise stated, the same may be used by any person who holds it.
(2) HOME FINISHING in certain cases issues vouchers that guarantee a discount on the purchase of goods or services from the site. Vouchers of this type are offered by the shop free of charge to the customer, i.e. as a gift for customers who purchase goods or services above a certain value or in the case of a promotional campaign (e.g. first registration, first order or otherwise). The discount to which the recipient of the voucher is entitled is indicated as a percentage or as a specific value. These vouchers may be used subject to the terms and conditions set out in the voucher itself. Unless otherwise specified in the specific voucher or advertisement, vouchers guaranteeing a discount may be used within 6 months of the order and issue, once and against goods and services offered on the site that are not in a promotional campaign and that are of a value higher than that specified in the voucher (example: if the voucher states that it guarantees the recipient a 20% discount on selected goods or services and that it can only be used for orders of more than 20 BGN, this means that you can use the voucher and the discount it guarantees for purchases exceeding 20 BGN, i.e. 20.01 BGN or more). Unless the voucher is named and otherwise stated, the same may be used by any person who holds it. The voucher cannot be reissued as a cash value.
(3) The voucher may not be reissued as cash value and is not subject to surrender, return or exchange. If you return a product or service paid for with the voucher, if the return is lawful and takes place within the validity period of the voucher, then the terms of Article 31a of the General Terms and Conditions shall apply.
- DELIVERY OF GOODS
Method of delivery
Art. 22 (1) HOME FINISHING undertakes to deliver the ordered and purchased goods itself or by courier company to the address indicated by the customer or to the office of the courier company, depending on the choice of the customer. Delivery is made to the door of the building (ground floor). Some products on the website may only be offered for delivery to a courier's office, but not to an address specified by the customer.
(2) In case the customer is registered on the Site and has more than one address saved in his/her account, the delivery will be sent to the one indicated as the primary address.
(3) HOME FINISHING usually sends goods ordered by a customer by means of a courier company "Econt", "Speedy" or equivalent, whereby the customer in certain cases has the right to choose at the time of order which courier company will carry out the delivery, as well as whether the same will be to his office or to the door of an address specified by the customer.
(4) Payment of the delivery price, where not otherwise agreed, shall be made together with payment of the order price, and the time of payment may be different according to the method of payment chosen by the customer in accordance with Article 20 of these General Terms and Conditions.
(5) HOME FINISHING shall carry out the delivery of the goods and the provision of the services only on the territory of Bulgaria. For deliveries to other countries in the European Union or to third countries, HOME FINISHING shall offer its goods and services on other, suitable platforms with advertisements described in the appropriate language. In case a customer wishes to have a specific product delivered to an address outside Bulgaria, the customer should contact HOME FINISHING .
Price for delivery
Art. 23 (1) The price for the delivery of goods ordered by HOME FINISHING is automatically calculated before the customer completes his order. In certain cases, the delivery price is fixed, regardless of the number of items, and this is explicitly stated on the Site and/or in the specific advertisement.
(2) The price of delivery depends on the chosen supplier, the size and volume of the shipment, the delivery address, and the same, when within Bulgaria, ranges from BGN 3.00 to BGN 50.00 for standard shipments weighing up to 10 kg. For an accurate calculation of the cost of delivery, review your order or use the calculator to calculate the cost of delivery of Econt or that of Speedy. Tip.
(3) HOME FINISHING shall be entitled to stipulate that no delivery charge shall be payable by the customer in the event of an order above a certain value. This circumstance will be indicated on the website and when placing an order.
(4) In certain cases, the courier company charges additional fees for services such as delivery at a fixed time, delivery on a non-working day, SMS notification of received parcel, cash on delivery fee.
(5) Unless otherwise specified in the advertisement of the selected goods, the following terms and delivery prices shall apply:
Remark:
- Delivery to the customer's address - the shipment is sent within 1 working day of processing your order to the address you specify by courier company Speedy or Econt. The delivery is made to the entrance of the building / apartment.
- Delivery to a courier office - the parcel is sent within 1 working day of processing your order;
*Some settlements (most villages and some towns) have a special regime for the supply of electricity by the companies ("by dump"). You will be informed by us if such circumstances arise.
*In case of cancellation of the order within the 14-day period and in case of selected initial delivery to the customer's address, the customer pays the courier costs for both the first delivery and the return delivery.
Delivery time
Art. 24 (1) Orders for goods from HOME FINISHING are accepted 24 hours a day, including weekends and public holidays. Accepted orders shall be processed and dispatched by courier within 1-3 working days, unless we have agreed otherwise, from the day on which you have received notification pursuant to Article 14, paragraph 2 that we will fulfil the order, or from the date of the order or payment received (in the case of orders paid by bank transfer).
(2) The maximum delivery time for goods within the Republic of Bulgaria is 7 (seven) working days from the date of confirmation by the seller under Article 14, paragraph 2 that the order will be fulfilled, unless we have agreed otherwise.
(3) The delivery period shall be extended accordingly by the number of days off for orders placed on Fridays, Saturdays, Sundays and public holidays. Please note that the standard delivery time does not apply to all goods offered. For goods that have a longer delivery time, this is noted in the product listing itself.
(4) HOME FINISHING reserves the right to unilaterally extend the delivery period by up to 7 working days without notifying the customer and to extend the delivery period by more than 7 working days with the prior consent of the latter.
(4) In all cases, there may be a delay in the stated delivery times, of which you will be promptly notified by HOME FINISHING.
(5) HOME FINISHING shall not be liable for any delay in delivery due to circumstances beyond HOME FINISHING's control, such as delay on the part of the courier making the delivery, prohibition by a government authority, extraordinary or force majeure circumstances, force majeure pursuant to Article 306 of the Commercial Act.
(6) HOME FINISHING shall be entitled to unilaterally extend the delivery period or refuse delivery of goods or services in cases where the order has been requested by payment by bank transfer, virtual POS/card and the payment has not been credited to the seller's account.
Inspection for obvious and visible defects on delivery
Art. 25 (1) Upon delivery of goods ordered from HOME FINISHING, the customer shall carefully examine them in person or through a third person authorized by him, accepting the same.
(2) In the event of external visible defects - possible damage, impact and other damage found upon delivery, the customer or third party shall not accept the goods, stating in writing the reason for non-acceptance or, if accepted, sign a damage report in the presence of the courier, which report shall describe the defects found and immediately, no later than 72 hours from delivery, notify HOME FINISHING of the problem.
(3) Where the delivered goods clearly do not correspond to the goods ordered by the customer and this can be ascertained by a simple inspection of the delivered goods, the customer has the right to request HOME FINISHING to replace the delivered goods with goods corresponding to the order within 72 hours.
(4) Notification may be made by any of the methods listed in Section II of these Terms and Conditions or via the contact form on the Website.
(5) In the event of notification of an apparent defect under the preceding subparagraphs, HOME FINISHING shall replace the damaged/non-conforming goods within 14 days at the latest under the terms of Article 31, except in cases where no goods of the same type are available, for which HOME FINISHING shall inform the customer promptly and agree on the terms of replacement. If replacement is not possible, we will proceed in accordance with section X.
Acceptance of the shipment
Art. 26 (1) Upon acceptance of the delivery by the customer or a third party without remarks, any and all subsequent claims for external visible defects of the goods received shall be unfounded and as such shall not be satisfied. In the event that the goods are accepted and a damage report is not drawn up and signed in the presence of the courier upon receipt of the goods and/or the customer does not immediately notify HOME FINISHING within 72 hours of delivery at the telephone number/email/address indicated on the Site, it shall be assumed that the goods do not suffer from any noticeable discrepancies and the customer shall forfeit his right to have the identified external visible defects brought into conformity with the sales contract.
(2) The foregoing does not waive the consumer's right to make a claim under Section X if there are grounds for doing so and does not relieve HOME FINISHING of its obligation to offer goods and services in conformity with the contract of sale and to provide consumers with the rights arising from the statutory warranty.
(3) In the event of refusal to accept delivery without good cause, the consumer shall be liable for all costs of delivery, which shall include the cost of courier services and packaging.
Art. 27 Upon delivery of the goods, the customer or a third party taking delivery at the address indicated by the customer shall be obliged to sign the accompanying documents. Any person who has not carried out the order but accepts the goods on delivery at the delivery address indicated by the customer shall be deemed to be a third party.
Non-acceptance of the contract and unjustified refusal
Art. 28 In the event that the customer or his/her nominee is not found within the delivery period at the address indicated by him/her and/or access to the delivery address is not provided, HOME FINISHING shall consider this to be an unjustified refusal of the order and shall be released from its obligation to deliver the goods ordered and the customer shall lose the possibility of having the goods ordered by him/her delivered.
(2) HOME FINISHING reserves the right to send a notification of unclaimed shipment to the e-mail or physical address provided by the customer, as well as to claim the costs of delivery and return of the goods/costs. HOME FINISHING and the customer agree that the notification, when sent electronically, will be deemed to be in writing and received from the day of its sending by HOME FINISHING, without the need for the notification to be signed with an electronic signature.
(3) In the above cases, the customer may confirm his wish to receive the goods after the expiry of the delivery period in which he was not found at the address, however, bearing all delivery costs. In this case, a new delivery period starts accordingly from the moment of confirmation. HOME FINISHING shall be relieved of the obligation to deliver in the event that ordered goods are no longer available.
(4) In the cases referred to in paragraph (2), the customer owes HOME FINISHING payment of the amount of the delivery and return of the goods within 7 days of receipt of the notice, unless a different deadline is specified in the notice.
- RIGHT OF WITHDRAWAL AND PRODUCT REPLACEMENT
*This section applies only to consumers, except for Articles 38-40, which apply to both consumers and professional clients
Period of right of withdrawal and right of replacement
Art. 29 (1) Within 14 days from the conclusion of the contract (order), when a service is ordered, respectively within 14 days from receipt of the goods - when ordering goods, the user has the right to cancel the order of the goods / service from the Site, without giving any reason or motive for doing so and without owing any penalty or other compensation to HOME FINISHING, except for the cost of returning it, and for the original dispatch of the goods when the dispatch is made at the user's request to an address indicated by the user and not to a courier's office. In the event that the product and or the packaging are damaged more than usual, HOME FINISHING shall be entitled, pursuant to Article 35, to deduct an appropriate amount for the reduced value of the goods from the amount to be refunded, which may not exceed the value of the goods.
(2) Where the consumer exercises his right of withdrawal from the distance or off-premises contract, any supplementary contract shall be automatically terminated without the consumer being liable for any costs, damages and/or penalties, except for the costs provided for in Article 29(1). 1, in conjunction with Article 35 of these General Terms and Conditions.
(3) The right of withdrawal shall not apply in the cases referred to in Article 30;
(4) The period for cancellation of an order, where the order contains multiple goods delivered on different days, shall be 14 days from the date on which the consumer or a third party designated by him takes possession of (receives) the last item of the order;
(5) The period for cancellation of an order consisting of multiple lots or parts shall be 14 days from the date on which the consumer or a third party designated by him takes possession of the last lot or part;
(6) The cancellation period for an order for a subscription that regularly delivers goods for a specified period (e.g. a subscription to receive a product every month) is 14 days from the date on which the consumer or a third party designated by the consumer takes possession of the first goods;
Goods and services for which the consumer has no right of withdrawal and replacement
Art. 30 The User shall not be entitled to withdraw from the concluded contract or to request the replacement of a product with another, respectively HOME FINISHING shall be entitled not to honour an exercised withdrawal from an order in the following cases:
(1) the period for exercising the right of withdrawal has expired and the consumer has notified that he/she is withdrawing from the order after the expiry of the period;
(2) the consumer has not returned the goods to the seller within the period referred to in Article 33;
(3) the consumer has not returned the goods in their entirety, together with their components and accessories;
(4) there is insufficient evidence to believe that the product was purchased from HOME FINISHING (no invoice, receipt, etc.);
(5) the right of withdrawal shall be exercised for a service which, at the consumer's request, has commenced immediately after the order and the consumer has agreed that his right of withdrawal shall lapse, and at the time of withdrawal the service has been fully or partially performed;
(6) the refusal clearly constitutes an abuse of a right by the consumer - for example: (i) the returned goods have obviously been used more than the necessary testing; (ii) the consumer has damaged the goods or the return is due to the fact that the goods purchased after the order have been reduced and the consumer wishes to purchase them at a reduced price, and therefore returns the order within the cancellation period in order to re-order under the terms of the reduction; (iii) the consumer cancels an order which was placed for the purpose of obtaining a right to a discount on a subsequent order and the cancellation is intended to retain the discount but to cancel the order which gave the right to the discount; (iv) any other reason which suggests an abuse of rights;
(7) the consumer has returned the product with a cash on delivery request - in this case HOME FINISHING is entitled to refuse acceptance of the returned product and payment of the cash on delivery, and the consumer must resend the goods to HOME FINISHING without cash on delivery;
(8) the cancellation is for a good or service whose price depends on fluctuations in the financial market which cannot be controlled by HOME FINISHING and which may occur during the period for exercising the right of cancellation;
(9) in the case of delivery of goods made to the consumer's order or in accordance with his individual requirements, as well as in the case of delivery of goods that are not produced in series, are not maintained in stock, but are individually and specially made for the consumer;
(10) for the delivery of goods which, by their nature, may deteriorate or have a short shelf life;
(11) on delivery of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
(12) in the case of delivery of goods which, having been delivered and due to their nature, have become mixed with other goods from which they cannot be separated, as well as in the case of goods which have already been installed by the consumer, by HOME FINISHING or by other persons and cannot be separated from other goods, as well as in the case of delivery of goods which have been reworked by the consumer;
(13) on delivery of sealed sound or video recordings or sealed computer software that have been printed after delivery, and on those on which settings configurations and other changes to the software of the goods have been made by the user;
(14) in the case of the provision of digital content which is not delivered in a tangible medium, where performance has been commenced with the express consent of the consumer who has acknowledged that he is aware that he will thereby lose his right of withdrawal;
(15) for orders not placed online (remotely) or where the buyer is not a consumer;
Art. 31 (1) Within 14 days of receipt of the goods, the consumer shall also have the right to replace a product if the delivered goods do not correspond to his expectations (color, size, other). In this case, the conditions of Art. 29 and Art. 30 of these conditions shall apply. The consumer's right under this paragraph shall not exclude his right to claim under Section X in the event of any non-conformity.
(2) If the right of exchange is exercised and the prerequisites for its acceptance exist, HOME FINISHING shall be obliged to replace the product with another within 14 (fourteen) days from the date on which the consumer returned the respective product to HOME FINISHING. In the event that the Seller does not have the requested product and the same is not available, the Seller shall offer the Consumer another product and, if the latter agrees, the replacement shall be made with this other product and, in the event of a difference in price between the two products, the Parties shall agree on the method of payment/reimbursement of the sales price which formed the difference. In the absence of agreement, HOME FINISHING shall reimburse the consumer the amount paid for the product within the terms and conditions set out in the preceding paragraphs of this provision. For purchases paid for with a voucher, please refer to article 31a.
Art. 31а. If you exercise the right to cancel an order containing a product paid for with a voucher under Article 21 of the General Terms and Conditions, and if the conditions of this section for the cancellation are met, the following conditions shall apply:
- if the cancellation is exercised within 14 days of receipt of the goods, the amount paid by means of the voucher (the value of the voucher) shall be refunded to the consumer within the terms and in accordance with the procedure set out in Article 34 et seq. of this Section. This provision shall also apply to amounts which the consumer has paid in addition for the goods, if an additional payment has become necessary. If the consumer so wishes, HOME FINISHING may reissue a voucher for the value paid, which may be used within a period of up to 6 months from its issue, unless otherwise stated.
- if the cancellation is exercised after the 14th day of delivery of the goods, then HOME FINISHING will not accept the cancellation and the voucher will not be reissued, respectively the amount paid for the order will not be refunded.
Notification of refusal
Art. 32 (1) Notification by the consumer that he is withdrawing from the contract or that he wishes to replace the product received with another of the same type (in the case of consumer customers) shall be made within the time limit referred to in Article 29, by one of the methods specified:
- by calling HOME FINISHING contact numbers;
- by email to the Seller's email address in free text;
- by letter with return receipt to the address of HOME FINISHING in free text;
- by completing and submitting to HOME FINISHING a Standard Waiver Form in the form available below;
(2) The consumer may, but is not required to, use the Standard Form for Cancellation or Replacement as follows:
To HOME FINISHING EOOD, UIC 148120124,
registered office and registered address. Varna, West Industrial Zone, ul. "orders@homefinishing.eu
Return address:
town. Varna, West Industrial Zone, ul. 10 "Perla"
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
I hereby give notice that I withdraw from the contract I have entered into for the purchase of the following goods/services:
Article ID:............................................./product-type/article-number/
Size: ............................................................/if applicable/
The goods have been ordered at ............................. /indicate the date of the order/
Goods have been received at ............................ /date of delivery is indicated/
Goods ordered from.........................../username/
/.................................................../user-address/
E-mail and phone number:.............................
I wish to be refunded the amount I paid for the goods and their delivery by bank transfer / other means, with the following details:
- IBAN: ..........................................................
- At the bank: ...................................................
- Holder:........................................................
- Other: ...........................................................................
..................................................... ..../date/
........................................................................../User-Signature/
Sign only if submitting this form on paper.
Return of the goods
Art. 33 (1) In the event of cancellation of an order for goods from HOME FINISHING , as well as in the event of a request for replacement, the consumer shall, within 14 days of being notified that he/she is cancelling the order or wishes to have a product replaced, return the product in its entirety and in the condition in which the goods were when received, together with the invoice and/or receipt issued by HOME FINISHING, issued by the seller or the courier who delivered the goods, to the above address. The consumer should not return the goods under the terms of cash on delivery.
(2) When returning the product, the consumer should indicate to the postal operator or courier company that they would like the "Goods Inspection" service, as our department checks the condition of the goods before accepting them back and refunding the consumer.
(3) The return of the goods shall be at the expense of the consumer. If the consumer has not paid the return shipping, HOME FINISHING deducts the shipping costs from the refundable price and returns the difference to the consumer.
(4) Returned shipments when "COD" is requested by the consumer will not be accepted until resent without "COD". HOME FINISHING needs processing time to verify the contents and condition of the returned shipment.
Refund of amount paid
Art. 34 (1) Where the right of withdrawal has been exercised and the prerequisites for its acceptance are present, HOME FINISHING shall be obliged to refund the price paid under the distance contract from which the consumer has withdrawn within 14 days of notification of the withdrawal, and where the goods are returned by the consumer or by courier, within the date on which the latter has returned the product in question or from the date of provision of undisputed proof of the return of the product by the consumer, whichever is the earlier. If the right of withdrawal is exercised, the time limit for the refund of the amounts paid by the consumer shall be 14 /fourteen/ days from the date of notification to HOME FINISHING of the withdrawal. Refunds shall be made after deduction in accordance with Article 35, if applicable. Refunds in the event of cancellation of orders paid by voucher shall be made in accordance with Article 31a of these terms and conditions.
(2) The amount recoverable under par. (1) shall include the price paid by the consumer for the goods or services, excluding the cost of courier services for the return of the goods, as well as for the initial delivery, if it was made to an address indicated by the consumer.
(3) The amount will be reimbursed as follows without any additional costs to the consumer, unless the bank or payment institution servicing it requires any fees:
- Payments made by bank transfer, debit or credit card - to a bank account provided by the user or by refunding the amount to the account from which the payment was made.
- Payments made by cash on delivery or otherwise - to a bank account additionally provided by the consumer or by cash on delivery - at the consumer's choice;
- Payments on consumer loans - after the termination of the consumer loan contract and recalculation of loan repayments - most often to the bank account from which the amounts for the loan repayments were received or in another way determined by the bank that granted the loan.
*Note: Payments on orders from users are refunded with the same means of payment used by the user in the original transaction, unless the user has expressly agreed to use another means of payment and at no cost to the user. Refunds on returned orders paid by voucher shall be made in accordance with Article 31a.
Withholding amounts
Art. 35 HOME FINISHING shall be entitled to deduct from the value referred to in Art. 1 prior to reimbursement accordingly:
(1) an amount for the diminished value of the product, including its packaging, if, upon return, the product or packaging is found to be deteriorated or damaged beyond ordinary testing;
(2) an amount for the part of the service performed up to the time of cancellation, if the customer has stated that he wishes the performance of the service to start immediately; if the customer is a trader or a professional, this clause shall apply without the need for explicit consent to start the service and only if HOME FINISHING provides him with the opportunity to cancel;
(3) the pro rata amount of what has actually been provided to the consumer up to the time he has notified HOME FINISHING of the cancellation, if the consumer has stated that he wishes the performance of the service to begin immediately; if the client is a trader or professional, this clause shall apply without the need for express consent to begin the service and only if HOME FINISHING provides him with the opportunity to cancel;
(4) the cost of returning the goods back to HOME FINISHING ;
(5) the cost of the initial dispatch of the goods when the dispatch at the request of the customer is made to a specific address and not to an office of the courier company; if the customer is a professional, the customer is always also liable for the initial and subsequent dispatch of the product, in the event that HOME FINISHING provides him with the opportunity to opt out;
Art. 36 In cases in which the performance of a service has been initiated within 14 days of the order with the prior consent of the consumer and in the event of a transfer (deposit) received from the latter and his subsequent exercise of the right of withdrawal, HOME FINISHING shall be entitled to deduct from the deposit an amount equivalent to the performance up to the time of withdrawal. In the absence of a deposit, HOME FINISHING reserves the right to claim payment of the amount from the user. If the customer is a trader or a professional, this clause shall apply without the need for prior consent and only if HOME FINISHING provides the customer with the opportunity to withdraw;
Extract from the Consumer Protection Act
Art. 37 An excerpt from the regulation of the right of withdrawal can be found here. A practical guide to cancellation can be found here.
Other cases of refusal (cancellation)
*It is for consumers, but also for professional customers
Art. 38 (1) Either party shall have the right to refuse to execute (to cancel) the order placed or its obligations thereunder, for which it shall notify the other party in an appropriate manner.
(2) If the cancellation of an order is prior to HOME FINISHING's confirmation of the possibility of execution within the meaning of Article 14 (2), HOME FINISHING or the customer shall not be liable and shall not owe any compensation or penalty to the other party for the cancellation.
(3) HOME FINISHING may unilaterally cancel an order in the event that the customer has requested a product or service from the Site, indicating that the order is intended for a third party (e.g. for a gift), whose details the customer has provided for delivery purposes. Cancellation in this case may take place in the event that HOME FINISHING suspects that the shipment has a threatening, reproachful, mocking or other purpose contrary to good morals and morality.
Art. 39 The cancellation of an order shall not give rise to any liability or consequential obligation of either party to the other in relation thereto and accordingly neither party shall be entitled to claim compensation from the other for its cancellation in the following cases:
(1) non-acceptance by the issuing bank of the customer's online payment transaction;
(2) completing a monetary transaction that does not result in funds being credited to the seller's online payment account;
(3) non-fulfilment or cancellation of an order by the Seller before confirmation of the same has been received within the meaning of Article 14, paragraph 2 of these General Terms and Conditions;
(4) abuse of right in the performance of the contract;
Art. 40. In the cases referred to in Article 39, the order shall be automatically cancelled.
X.WARRANTY. RIGHT OF CLAIM
*This section applies to users only.
Non-compliance of the goods/service with the contract. Legal warranty
Art. 41 (1) All consumer goods and services offered by HOME FINISHING have a legal guarantee of conformity with the contract (order).
(2) HOME FINISHING shall be liable for any non-conformity of the service with the contract that existed at the time of its provision, which has manifested itself within two years after its performance, but not later than 14 days from the discovery of the non-conformity.
(3) Upon delivery of goods, HOME FINISHING shall be liable for any non-conformity of the goods existing on the date of delivery which has manifested itself within two years after delivery of the goods to the consumer or his representative. Where the non-conformity appears within one year after delivery of the goods, it shall be presumed to have existed at the time of delivery unless the contrary is proved or if this presumption is incompatible with the nature of the goods or the nature of the non-conformity. For non-conformities occurring after one year from delivery, the consumer must prove that the cause of the defect is the responsibility of HOME FINISHING.
(4) The consumer has the right to refuse payment of the remaining part of the price or part of the price until HOME FINISHING. has fulfilled its obligations to bring the goods into conformity.
Art. 42 A service offered by HOME FINISHING complies with the contract when:
(1) conforms to the description, quantity and quality stipulated in the advertisement;
(2) corresponds to the information contained in the advertisement or otherwise provided prior to the conclusion of the contract (order) and does not contradict the information provided by HOME FINISHING when providing the service, in case this information may influence the user's decision;
(3) has the usual characteristics of services of the same type;
(4) has the special characteristics and is suitable for the specific purpose sought by the user, which the user has notified to HOME FINISHING at the latest at the time of conclusion of the contract (order) and in respect of which HOME FINISHING has agreed;
(5) is provided together with all accessories and instructions that the user can reasonably expect to receive, where applicable.
(6) conforms to the reasonable expectations of consumers in light of the nature of the service and any public statements made by HOME FINISHING or by others or made by their representatives contained, for example, in the advertisement, listing, or label, unless HOME FINISHING knew and could not reasonably be expected to know of the public statement in question and, at the time of the order, the public statement has been corrected in the same manner as that in which it was made or in a similar manner, and where the consumer's decision to acquire the service
Art. 43 Goods offered by HOME FINISHING conform to the contract when they conform:
(1) the individual contract compliance requirements:
- conform to the description, type, quantity and quality, and have the functionality and other characteristics stipulated in the contract;
- are fit for the specific purpose sought by the user, which the user has notified to HOME FINISHING at the latest at the time of conclusion of the sales contract and in respect of which the online shop has agreed;
- are delivered with all accessories and all instructions, including installation and assembly instructions, provided in the sales contract, where applicable, and where updated in a timely manner under the terms of the contract, if updates are required and agreed;
(2) the objective requirements for compliance
- are fit for the purposes for which goods of the same type are normally used, taking into account the provisions of European Union and Bulgarian law, as well as existing technical standards and rules of good practice;
- have the qualities of the sample or model that HOME FINISHING has made available to the consumer prior to the conclusion of the contract and correspond to the description of that sample or model, where applicable and where such sample has been provided;
- are supplied with appropriate accessories, including packaging and installation instructions or other instructions that the user can reasonably expect to receive, where applicable, and
- they are supplied in the quantity and have the qualities and other characteristics, including in respect of durability, functionality, compatibility and safety, which are usual for goods of the same type and which the consumer may reasonably expect having regard to the nature of the goods and having regard to any public statements made by HOME FINISHING or by others upstream or on behalf of those persons, including the manufacturer, contained for example in advertising or labelling.
(3) to the requirements concerning lack of conformity due to incorrect installation or installation of the goods, where the installation forms an integral part of the contract of sale and was carried out by HOME FINISHING or by a person for whose actions HOME FINISHING is responsible, or the installation should have been carried out by the consumer and was carried out by him, and the incorrect installation is due to omissions in the installation instructions provided by HOME FINISHING.
Unfounded claims
Art. 44 (1) Claims will be rejected as unfounded when:
- there is no deviation from the requirements set out in Articles 42 and 43 or the deviation/non-compliance is not material;
- the consumer had special requirements for the product or service that he/she did not specify in writing to HOME FINISHING prior to ordering and the product does not meet these consumer expectations;
- the non-conformity is due to the nature of the service or the goods and their normal wear and tear over time and after the expiry date indicated on the product;
- non-compliance is caused by improper operation/installation/storage/use of the product despite proper instructions provided by HOME FINISHING or the manufacturer;
- the consumer knew or could not have been unaware of the discrepancy when the contract (order) was concluded - for example, at the time of ordering, the consumer was informed by us that the goods had certain discrepancies (e.g. goods from a category on the site with overpriced goods, goods with a defect, unpacked goods where the site clearly states that the goods are reduced due to a defect or a specific circumstance);
- the non-conformity is visible and obvious and concerns the appearance of the goods (e.g. scratches, tears on the packaging or part of the contents of the product) and could have been detected during a simple examination of the goods already upon their acceptance (delivery) and despite this the consumer has not signed a damage report with the courier and or has not notified HOME FINISHING within the time limits of Art. 1 of these General Terms and Conditions;
- the claim is submitted after the expiry of the time limits under Art. 45;
- materials of the user have been used for the manufacture of the product which, due to their quality, have led to a non-conformity of the finished product obtained from the materials;
- the consumer has not provided the documents referred to in Article 45(4) and has either not returned the product or has returned it without the accessories and or components attached to it;
- repairs have been carried out or attempted to be carried out by a person or service centre not authorised by HOME FINISHING;
- modification or alteration of the technical characteristics has been carried out and this has occurred without the knowledge and consent of HOME FINISHING and outside its authorized service and or in contravention of these Terms and Conditions;
- the non-conformity is due to actions caused by the user and or a third party for which HOME FINISHING is not responsible, as in cases where the defect is caused by other modules and devices used in conjunction with the warranty product;
- in the event of chemical, electrical and/or other effects unrelated to the normal operation of the product, as well as when the defect is caused by circumstances for which HOME FINISHING is not responsible - malfunctions in the electrical network, electric shocks, lightning, improper grounding, mechanical deformations, natural disasters, failure to comply with the specified requirements for the electrical supply, damage caused by water or moisture;
- the complaint concerns a product that was not purchased from HOME FINISHING (e.g. you indicated that the product was purchased from us, but you sent us another product);
(2) In the event of an unfounded complaint, HOME FINISHING shall inform the consumer in writing of its decision and shall be released from liability to honour the complaint and to bring the goods into conformity with the contract. If the consumer is dissatisfied with HOME FINISHING's decision, he may pursue his claim in court. He can do this without lodging a complaint with HOME FINISHING or waiting for the trader's opinion.
(3) The repair/repair of products outside the warranty period or within this period, but provided that HOME FINISHING's obligation to bring the goods into conformity with the contract of sale has lapsed on whatever grounds, shall be subject to payment by the consumer and shall be carried out within a period agreed between the parties.
Filing a claim
Art. 45 (1) Where goods or services offered by HOME FINISHING do not comply with the requirements set out in Art. 42 and Art. 43, the consumer shall have the right to make a claim by requesting the seller to bring the goods into conformity by repair or replacement, and the service by re-performing it properly, and the claim shall be made within the following time limits:
- within 24 months of delivery of the goods, unless the non-conformity is manifest, in which case the time limits set out in paragraph 2 of this provision shall apply;
- up to 72 hours from acceptance of the goods, where the non-conformity is external, visible and obvious and could have been detected at a certain inspection during or immediately after delivery;
- up to 24 months from the delivery of the service, but no later than 14 days from the discovery of non-compliance with the agreed;
- The time limit shall stop running during the time necessary for HOME FINISHING and the consumer to reach an agreement to resolve the dispute.
- The warranty period starts from the date of receipt of the goods.
(2) When submitting a claim, the consumer shall indicate the subject of the claim, his preferred method of satisfying the claim, preferred method of contact. A complaint concerning goods may request repair or replacement, and a complaint concerning services may request that the goods be brought into conformity with the contract.
(3) The filing of a claim shall not preclude a claim.
(4) When submitting a claim, the consumer must attach the documents on which the claim is based, namely: i) a receipt, invoice or other document certifying the payment; ii) protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed ones - if any; iii) other documents establishing the claim by reason and amount.
(5) In cases where the claim is made outside HOME FINISHING's premises, the consumer shall deliver the goods to the seller at the address specified in these General Terms and Conditions. In the event of replacement, HOME FINISHING shall take the replaced goods back from the consumer at its own expense.
(6) The delivery, if a courier is used, shall be at HOME FINISHING's expense in case the claim is accepted by HOME FINISHING as justified.
(7) If HOME FINISHING has provided a commercial warranty for the goods in addition to the statutory warranty under this section and the period of the commercial warranty is longer than the time limit for making a claim, the claim may be made up to the expiry of the commercial warranty.
Repair, replacement and alignment
Art. 46 (1) The bringing of the goods or services into conformity with the contract of sale by HOME FINISHING is free of charge for the consumer. The consumer shall not be liable for the costs of materials and labour associated with the repair or replacement of the goods and the bringing into conformity of the service, and shall not suffer any significant inconvenience. However, the user shall make the goods available to HOME FINISHING at the address indicated below.
(2) The complaint shall be submitted to HOME FINISHING in one of the following ways of the user's choice:
- by calling the contact numbers for HOME FINISHING Ltd;
- on the spot at. Varna, West Industrial Zone, ul. "10;
- via email to the HOME FINISHING email address in free text;
- by letter with return receipt to the address of HOME FINISHING in free text;
by completing and submitting to HOME FINISHING a Standard Claim Form as follows:
To HOME FINISHING Ltd,
with registered office and address of management:gr. Varna, West Industrial Zone, ul. 10 "Perla", e-mail: orders@homefinishing.eu
Return address:
- Varna, West Industrial Zone, ul. "Perla" № 10
STANDARD FORM FOR EXERCISING THE RIGHT OF COMPLAINT
I hereby give notice that I have discovered a discrepancy between the goods/services/service/s as agreed.
Article ID:............................................./product-type/article-number/
Size: ............................................................./if applicable/
The goods have been ordered at ............................. /indicate the date of the order/
Goods have been received at ............................ /date of delivery is indicated/
Goods ordered from.........................../username/
/.................................................../user-address/
E-mail and phone number:.............................
Has the item been used? - Yes/No................../circle the correct/
Is the product installed? - Yes/No.................../circle the correct/
Subject of the claim:
............................................................................................................................................................................................................................................................................................................................................................................................................................................................
Preferred mode of satisfaction for goods
/fence the choice/
- I prefer free repair of the goods.
- I wish to replace the product with another.
- I wish to perform the service in accordance with the contract
- I would like a discount on the product/service.
- I wish to be refunded the amount paid for the product/service in the following way: ..........................................................................................................................
indicate the method of reimbursement, and in the case of reimbursement by bank transfer, please indicate the bank account
I attach the following documents:
- Receipt or invoice;
- Protocols, acts or other documents establishing the non-conformity of the goods or services with the agreed;
- Other documents establishing the basis and amount of the claim.
(circle the desired option)
..................................................... ..../date/
........................................................................../User-Signature/
Sign only if submitting this form on paper.
Claim entry. Compliance
Art. 47 (1) HOME FINISHING shall, in the event of a claim, enter the same in the Register of Claims, providing the user with the number and date of the claim, as well as information on the product claimed and the employee who accepted the claim.
(2) HOME FINISHING shall decide within 30 days of the claim whether the claim is justified or not.
(3) The User shall immediately notify HOME FINISHING in the event that a document containing the data referred to in par. 1.
Art. 48 (1) In case of justified claims, HOME FINISHING shall bring the goods or services into conformity with the contract of sale within 30 days of the claim being made and the goods being made available to HOME FINISHING, if the claim is for goods.
(2) In each case of a satisfied complaint HOME FINISHING shall issue the consumer with a copy of the complaint certificate, which shall show the action taken on the complaint.
Price reduction or refund
Art. 49 The consumer has the right to a proportional reduction of the price or to cancel the contract of sale in the following cases:
(1) If the claim is for goods and in the event that repair or replacement proves impossible or inappropriate for reasons such as the impossibility of repair given the nature of the non-conformity, the extent of the cost of repair, the unavailability of the product or other similar reason;
(2) If the claim is for a service and bringing it into conformity is impossible or inappropriate given the nature of the non-conformity and the cost of rectifying it;
(3) If HOME FINISHING refuses to bring the goods or services into conformity free of charge to the consumer within 30 days, a refusal shall be deemed to have occurred if it has not brought the goods or services into conformity within 30 days;
(4) If, despite the actions taken by HOME FINISHING to bring the goods or services into conformity, the goods or services again show non-conformity;
(5) The non-conformity is so serious as to justify an immediate reduction in price or cancellation of the contract of sale, or HOME FINISHING has stated or it is clear from the circumstances that it will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
Art. 50 (1) The price reduction shall be in proportion to the difference between the value of the goods or services received by the consumer and the value they would have had if there had been no lack of conformity.
(2) The User shall not be entitled to a reduction if HOME FINISHING has duly and in due time remedied the non-compliance.
Article 51 (1) If the consumer chooses to cancel the contract and the conditions of Article 51 are met, he shall be entitled to a refund of the amount paid for the goods or services.
(2) The consumer shall not be entitled to cancel the contract if the discrepancy is minor. HOME FINISHING shall bear the burden of proof as to whether the non-conformity is minor. The consumer shall not be entitled to terminate the contract if HOME FINISHING has duly remedied the non-conformity in due time.
(3) The consumer shall exercise his right to cancel the contract by applying to HOME FINISHING, notifying it of his decision to cancel the contract of sale, and in the case of goods, the consumer shall return the goods to HOME FINISHING within 14 days of notification. The deadline shall be deemed to have been met if the consumer has returned or sent the goods back to HOME FINISHING before the expiry of the 14-day period. All costs for the return of the goods, including the dispatch of the goods, shall be borne by HOME FINISHING.
(4) HOME FINISHING shall reimburse the User the price paid for the Goods upon receipt or upon presentation of proof by the User of their shipment to HOME FINISHING. The same means of payment used by the consumer in the original transaction shall be used for the refund, unless the consumer has expressly agreed to the use of another means of payment and provided that this does not entail any costs for the consumer.
Extract from the law
Art. 52 Excerpt from the laws relating to the right of return and legal warranty see here. A practical guide to making a claim can be found here.
XI.INTELLECTUAL PROPERTY
Art. 53 All content present on the Site, namely the logo, together with the figures and text contained therein, captions and images, drawings, schemes, graphics, design, database, descriptions, methods, processes and other objects of intellectual property and copyright, the content of the General Terms and Conditions, are the property of HOME FINISHING or of third parties from whom HOME FINISHING has obtained consent for reproduction and or has a contract for the use of the object of intellectual property and or copyright.
Art. 54 HOME FINISHING reserves all its rights to intellectual property relating in any way to the Site.
Art. 55 Certain products displayed on the Site are of HOME FINISHING's own specific and unique design, which constitutes copyright and intellectual property.
Art. 56 Visitors to the Site may use the content only for the purpose of purchase and sale. The use of the Content for purposes other than those set out in the General Terms and Conditions shall be considered a breach of these General Terms and Conditions of the Site, as well as a breach of the intellectual property owned by HOME FINISHING.
Art. 57 Each product and service displayed and offered on the Site shall comply with the European and national requirements relating to the specific product/service.
Art. 58 (1) Visitors to the Site may copy, share, transfer and/or use the content only for personal non-commercial purposes and only in cases where this is not contrary to what is provided for in this chapter of this document and express written consent has been obtained from HOME FINISHING or the third parties, holders of copyright and other intellectual property rights, who have consented to the use of their works and other intellectual property objects.
(2) HOME FINISHING only authorizes other website owners and other persons to post links to the online shop when the reference is clear and unambiguous.
(3) It is forbidden to copy texts from the Site and to place them on other websites and online stores without the written consent of HOME FINISHING or without citing the source by inserting the following text: "Source: online store /mention the domain of our Site/", and the link must lead to the HOME FINISHING online store.
XII.ADVERTISING
Art. 59(1) At the moment when a natural person user creates a profile (account) on the Site and or places an order, has the opportunity to express his consent to receive advertising messages. He may also declare this wish by completing the subscription form available on the Site.
(2) Consent to receive such communications may also be given by any person by completing the subscription form on the Site, sending a message/letter to the addresses indicated on the Website or by indicating a specially marked consent to receive advertising.
(3) HOME FINISHING is not obliged to request consent for the sending of advertising messages to legal entities that have registered an account on the Site or to legal entities that have ordered goods or services from the Site.
Art. 60 (1) The user may opt-out of receiving advertising messages at any time by using the special link located in each advertising message, by changing the settings in his account or by contacting HOME FINISHING in any other way than those indicated in these Terms and Conditions and on the Site.
(2) Refusal to receive advertising messages does not mean an automatic refusal of the consent given to conclude this contract.
XIII.POSTING A COMMENT. QUESTIONS AND ANSWERS
Art. 61 Comments, questions and answers, where applicable, may be written by visitors in the comments section. Written statements may be both positive and negative and must be factual and refer to the characteristics and use of a good or service.
Art. 62 Each visitor at the moment of posting a comment, question, answer in the mentioned sections, is obliged to comply with the following rules:
(1) refer only to features and/or uses of a product or service, avoiding information related to aspects that may change (e.g. price or promotional offers);
(2) use only the Bulgarian language and write in Cyrillic; words or phrases that, although not Bulgarian, are widely used by all media in the relevant field are allowed (example: mouse, notebook, plug and play);
(3) use appropriate language that does not contain offensive language or language that may affect the rights of a third party;
(4) to ensure that the information entered by them is realistic, correct, not misleading and in compliance with applicable laws, including respecting the rights of others - e.g. copyright, intellectual property rights, licensing rights or other proprietary, advertising or confidentiality rights.
(5) to use this service only to communicate or obtain further details about a particular good or service from the Site, without making references to other businesses that promote the sale and purchase of goods and/or services;
(6) not to provide or request, in any way or form, personal data (contact details, delivery or residence address, telephone numbers, email addresses, first and/or last names, etc.) or other information that may lead to the disclosure of such personal data;
(7) not to publish information and/or details of URLs (links/links) from other sites that are doing the same or similar business as HOME FINISHING .
(8) not to enter comments, questions, answers that contain material of an advertising nature;
Art. 63 Where a person reports that a comment, question or response has inadequate content or content contrary to these Terms and Conditions, such content shall be carefully considered by HOME FINISHING in order for the latter to determine whether it breaches the Terms and Conditions. Posted text, photos or videos will only be removed from the Site after verification by HOME FINISHING .
Art. 64 In the event that HOME FINISHING establishes a repeated violation of these terms of use, it reserves the right to limit the ability of the specific subject to post comments, questions and answers, without being obliged to justify this.
XIV.RESPONSIBILITY
Art. 65 (1) HOME FINISHING and the client shall be liable for any act or omission that has caused damage, including loss of profit, to either party in accordance with these Terms and Conditions and Bulgarian law.
(2) HOME FINISHING / The Client shall not be liable for any damages suffered by the Client as a result of force majeure or those beyond the control of the party.
XV.PROCESSING OF PERSONAL DATA
Art. 66 (1) In accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian law, HOME FINISHING, and in particular HOME FINISHING LTD, is the controller of personal data.
(2) HOME FINISHING Ltd. adopts a Privacy Policy and a Cookie Policy, which every visitor whose personal data is processed by HOME FINISHING or to whom cookies are applied, should accept after familiarizing themselves with.
Art. 67 The personal data of the visitor may be provided to the public prosecutor's office, the police, judicial institutions or other public authorities, on the basis and within the framework of the legal provisions and following an explicit request from them.
XVI.APPLICABLE LAW - JURISDICTION
Art. 68 (1) Disputes arising between HOME FINISHING and users and customers legal entities shall be resolved amicably or, if this is not possible, the disputes shall be resolved in accordance with Bulgarian law, unless the parties have agreed otherwise.
(2) The parties may also resolve disputes arising between them out of court through the Alternative Dispute Resolution / ADR / between consumers and traders, which is an out-of-court conciliation procedure on a voluntary basis. The General Conciliation Commissions help to reach an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services, the General Conciliation Commissions are designated on a regional basis and the General Conciliation Commission in the specific territory is competent to resolve disputes between HOME FINISHING and individual consumers. The consolidated list of recognised ADR bodies of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.
Article 69 Individual consumers can use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr , which is a single access portal allowing consumers and traders in the EU to settle their disputes.
XVII.CORRESPONDENCE BETWEEN THE PARTIES
Art. 70 HOME FINISHING and all customers (natural and legal persons), as well as visitors to the Site, agree that the contact between the parties is:
(1) For the Seller. Varna, West Industrial Zone, ul. 10 "Perla", Western Western Industrial Zone:
- by phone: 052 575525;
- via email: orders@homefinishing.bg
- by letter to the address. Varna, West Industrial Zone, ul. 10 "Perla"
- via the contact form on the Site;
(2) For the customer or visitor to the Site:
- via the telephone number indicated by him in the order/correspondence;
- via the email specified by him in the order/correspondence;
- by letter to the address specified by him in the order/correspondence as the delivery address;
Art. 71 Notices and communications exchanged between the parties by electronic mail (email) shall be deemed to be in writing and the parties shall give effect to the same as a written document without the need for an electronic signature.
XVIII.BODIES REGULATING THE ACTIVITIES
Art. 72 The bodies regulating the activities of HOME FINISHING are the Consumer Protection Commission (CPC), the Commission for Personal Data Protection (CPDP), the Commission for Protection of Competition and the National Revenue Agency with the following coordinates:
- Consumer Protection Commission
website: www.kzp.bg; contact tel. 0700 111 22; email: info@kzp.bg; address. Sofia, pl. Plovdiv, Sofia; e-mail: _COPY. 3, 4 и 6
Calls to 0700 111 22 are charged at the price of a city call, according to the tariff plan of the sender.
- Data Protection Commission
website: www.cpdp.bg; contact tel. 02/91-53-518; email: kzld@cpdp.bg; address: gr. Sofia Blvd. Sofia, address: "Proff. 2, Sofia, Prof. Tsvetan Lazarov
- Commission for Protection of Competition
website: www.cpc.bg; contact tel.: 02/9356 113; email: cpcadmin@cpc.bg; address. Sofia,, bul. Sofia, "Vitosha" № 18
- National Revenue Agency NRA Sofia
website: www.nap.bg; contact tel.: 02/ 9859 3821; 02/ 9179124; email: nap@nra.bg; address: gr. Sofia, 215 Tsar Boris III Blvd (office "Vitosha" or town "Vitosha"). Sofia, , ul. 21 "Aksakov" (Head Office);