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GENERAL CONDITIONS

These General Terms and Conditions govern the relations between VERIDIAN TRADE Ltd. and the persons using the website and the online store located on the Internet domain https://elegarten.com/. VERIDIAN TRADE Ltd. is a commercial company with registered office and management address. The registered office and registered address of the registered office are. General Edward I. It is registered in the Commercial Register at the Registry Agency with UIC 207654727.

GENERAL

  1. This document contains the General Terms and Conditions under which the company “VERIDIAN TRADE” Ltd, hereinafter referred to as the MERCHANT or the MERCHANT, provides services – re-sale and delivery of goods to its USERS/CUSTOMERS through the Internet store https://elegarten.com/ , and these terms and conditions are binding for all CLIENTS/CUSTOMERS. By clicking on the button “I have read and agree to the terms of use”, the USER/CUSTOMER agrees, fully accepts and undertakes to comply with these Terms and Conditions.
  2. Identification of the USER/CUSTOMER for the purpose of reproducing his/her statement of acceptance of the General Terms and Conditions as well as the order placed, is done through the log-files stored on the server of https://elegarten.com/ , storage of the IP address of the USER/CUSTOMER as well as any other information.
  3. The products found on the website https://elegarten.com/ do not constitute a legally binding offer, but rather a demonstration online catalogue describing the retailer’s product line.
  4. After clicking the “Confirm Order” button, the USER/CUSTOMER agrees to purchase the goods located in the https://elegarten.com/ checkout (cart). This action is legally binding. The USER/CUSTOMER receives confirmation of the order and upon receipt of this confirmation, the contract is deemed to be concluded.
  5. The MERCHANT reserves the right to refuse delivery of a confirmed order in the event that the goods are not available. In the event that the ordered goods are out of stock during the working week, the MERCHANT shall notify the USER/CUSTOMER of the out-of-stock condition by sending a message to the e-mail address or telephone number provided by the USER/CUSTOMER. In the event that a transfer is made to the MERCHANT’s account, the USER/CUSTOMER will have the choice of a refund, cancellation or a replacement order.
  6. The language agreed between the parties shall be Bulgarian and all payments by the USER/CUSTOMER shall be made in Bulgarian levs.

TERMINOLOGY

“USER/CUSTOMER” means anyone who has loaded the website located at https://elegarten.com/ on their computer or mobile device.

“Order” means the selected goods and any additional charges, if any, related to the method of delivery and payment of the goods by the USER/CUSTOMER.

“MERCHANT” shall mean VERIDIAN TRADE LTD , with registered office and registered address. With registered office and registered address at the registered office in Sofia blvd. General Edward I. E. Edward Totleben № 2 and with UIC 207654727

Each USER/CUSTOMER is required to agree to the Terms of Use before completing their order.

The online shop https://elegarten.com/ is the property of the MERCHANT.

All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps in the contract or its adaptation to newly arising circumstances, shall be resolved by the competent court of registration of the Merchant, in accordance with Bulgarian law.

SUPPLY

  1. As soon as the goods are handed over to the courier, the MERCHANT shall be released from the risk, which shall be transferred to the USER/CUSTOMER. The MERCHANT shall not be liable for any delay in the event that the delay is due to the courier or other supplier.
  2. The delivery times indicated by the MERCHANT are within 3 to 5 working days. They are approximate and depend on production times and courier
  3. Immediately after delivery, the goods shall be carefully examined by the USER/CUSTOMER or his authorized person. Any damage, knocks or other damage should be reported immediately to the MERCHANT. In the event that any damage is found to have occurred during transportation of the goods, the MERCHANT shall not be liable for warranty service of such goods. Where the MERCHANT has specified, in writing , a specific date and time for delivery, the statement shall be binding. In the event of an incorrect or erroneous address, contact person and/or telephone number being given when placing the order, the MERCHANT shall not be bound by any obligation to perform the order.
  4. Upon delivery of the goods, the USER/CUSTOMER or a third party shall sign the accompanying documents. A third party is considered to be anyone who is not the holder of the application but accepts delivery of the goods and is at the address given by the customer.
  5. In case of refusal to receive the goods, except as described below, the refusal shall be deemed to be unjustified and the USER/CUSTOMER shall be liable for the cost of delivery and return of the goods. In the event that the USER/CUSTOMER is not found within the delivery period at the address indicated or access and conditions for delivery of the goods are not provided within that period, the MERCHANT shall be released from its obligation to deliver the goods ordered for purchase.
  6. When the delivered goods clearly do not correspond to the goods requested for purchase by the USER/CUSTOMER and this can be ascertained by simple inspection, the USER/CUSTOMER may request that the delivered goods be replaced with goods corresponding to his purchase request within 48 hours of receipt.

The USER/CUSTOMER has the right, without compensation or penalty and without giving any reason, to return the goods purchased remotely within 14 (fourteen) days from the date of acceptance of the goods.

  1. WARRANTY PERIODS

Warranties and claims

  1. The CONSUMER/CUSTOMER shall have the right to claim for any non-conformity of the goods or services with the agreed/ordered when, after delivery, non-conformities with the contract of sale are detected.Any non-conformity of the consumer goods with the contract of sale which becomes apparent within 6 months after delivery of the goods shall be deemed to have existed at the time of delivery, unless it is proved that the lack of conformity is due to the nature of the goods or the nature of the non-conformity.
  2. The CONSUMER/CUSTOMER may not contest the conformity of the consumer goods with the contract of sale when:
    1. knew or could not have been unaware of the discrepancy when the contract was entered into;
    2. the discrepancy is due to materials provided by the user
  3. The CONSUMER/CUSTOMER has the right to claim the goods or services, regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or services. Where the claim is settled by replacing the goods with other goods conforming to the agreed terms, the Trader will retain the original warranty terms for the USER/CUSTOMER.
    1. When making a claim, the consumer may claim a refund of the amount paid, replacement of the goods with another, corresponding to the agreed or a discount on the price.
    2. Complaints must be made in writing and the trader must send a complaint form with each shipment. The form should be completed by the customer and sent together with the items to be replaced or claimed to one of the relevant addresses:
      1. Blvd. General Edward I. Totleben №2;
    3. When submitting a claim, the USER/CUSTOMER shall indicate the subject of the claim, his preferred method of satisfying the claim, respectively the amount claimed, and the address, telephone number and email for contact.
    4. When submitting a claim, the consumer must attach the documents on which the claim is based, namely:
      1. receipt or invoice;
      2. protocols, acts or other documents establishing the non-conformity of the goods with the agreed;
  • other documents establishing the basis and amount of the claim.
  1. A consumer product claim may be brought up to two years from the delivery of the goods, but no later than two months from the discovery of the non-conformity with the contract. The time limit shall be suspended during the time necessary for the seller and the consumer to reach an agreement to resolve the dispute.
  2. If the Merchant has provided a commercial guarantee of the goods and the term of the guarantee is longer than the time limits for making a claim under III, the claim may be made until the expiry of the commercial guarantee.
  3. The filing of a claim is not a bar to a lawsuit.
  4. The trader shall keep a register of claims. A document shall be sent to the User to the email address provided by the User, which shall indicate the number of the claim from the register and the type of goods.
  5. When the Merchant satisfies the complaint, it shall issue a certificate to that effect, which shall be drawn up in duplicate, and shall necessarily provide one copy to the Consumer.
  6. The trader, in case of a justified complaint, shall bring the goods into conformity with the contract of sale within one month from the submission of the complaint by the consumer.
  7. Bringing the consumer goods into conformity with the contract of sale is free of charge for the User. He shall not be liable for the costs of dispatch of the consumer goods or for materials and labour relating to their repair and shall not suffer any significant inconvenience.
  8. In case of non-conformity of the consumer goods with the contract of sale and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
    1. cancellation of the contract and refund of the amount paid by him
    2. price reduction.
  9. The consumer may not claim a refund or a reduction in the price of the goods where the trader agrees to replace the consumer goods with new ones or to repair the goods within one month of the consumer’s complaint.

 The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer when, after having satisfied three complaints of the consumer by repairing the same goods within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the contract of sale. The consumer may not claim rescission of the contract if the non-conformity of the consumer goods with the contract is minor.

WITHDRAWAL AND REPLACEMENT

  1. The User has the right to withdraw from the contract without giving any reason, without compensation or penalty within 14 days from the date of acceptance of the goods by the User or by a third party.
  2. In order to exercise his right under this clause, the User must notify the Merchant unequivocally of his decision to withdraw from the contract, individualizing the goods he wishes to return by providing all the details of the order and delivery made, including but not limited to: the content and value of the order, details of the person who made the order, details of the person who accepted the delivery and the date of delivery.
  3. The trader sends a form for exercising the right of withdrawal with the shipment.
  4. In order to exercise the right of withdrawal, the Trader shall provide the consumer with the choice of completing and submitting electronically via the website the standard withdrawal form or another unambiguous application. In such cases, the Merchant shall immediately send the consumer an acknowledgement of receipt of his/her cancellation on a durable medium.
  5. The User is obliged to return the goods at his own expense, together with the receipt and the invoice, if any, handing them over to the Merchant or to a person authorized by the latter, within 14 days from the date on which the User has exercised his right of withdrawal from the contract.
  6. On return, the goods must be in their original packaging, without any signs of use or damage to the commercial appearance.
  7. The trader has the right to postpone the reimbursement of payments until the goods have been received back and a thorough examination has been carried out to ensure that the goods received correspond to those sent, and that they have been returned in their original packaging, without signs of use or damage to their commercial appearance.
  8. In the event that the User fails to fulfill his obligation to return the goods without notifying the Merchant of the delay and without providing a valid reason for the same, he shall be deemed to have withdrawn his statement of exercise of withdrawal from the contract.
  9. Where the Merchant has incurred costs in connection with the performance of the Contract and the User withdraws from the Contract, the Merchant shall be entitled to retain the relevant amount for the costs incurred or to demand payment thereof.
  10. The User shall not be entitled to withdraw from the contract in the event that:
    1. for the delivery of goods the price of which depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur during the period for the exercise of the right of withdrawal, including the delivery of alcoholic beverages the price of which is agreed at the time of conclusion of the contract of sale, where the delivery may be made within a period not earlier than 30 days
    2. The trader shall refund the price paid by the consumer for the returned goods within 14 working days.

PRICES

  1. The prices listed on the website include packing and shipping to the customer’s address or courier company office. In case the goods are shipped outside the territory of the Republic of Bulgaria, the USER/CUSTOMER shall pay all customs and other fees related to the export.
  2. The shipping cost, if any, is added to the final price once the products are added to the cart.

USER/CUSTOMER RIGHTS AND OBLIGATIONS

  1. The USER/CUSTOMER has the opportunity to view and order the goods advertised on the Internet shop https://elegarten.com/.
  2. The USER/CUSTOMER has the right to be informed about the status of his/her order.
  3. The USER/CUSTOMER is obliged to pay the price of their order as advertised on https://elegarten.com/.
  4. Each user, regardless of whether he is a customer of the MERCHANT is obliged when using the services:
    1. not to violate and respect the fundamental rights and freedoms of citizens and human rights, in accordance with the Constitution and laws of the Republic of Bulgaria and recognized international instruments;
    2. not to harm the reputation of another and not to call for a violent change of the constitutionally established order, for the commission of a crime, for violence against the person or for inciting racial, national, ethnic or religious hatred;
    3. not to violate other’s property or non-property, absolute or relative rights and interests, such as property rights, intellectual property rights, etc.;
    4. to comply with Bulgarian legislation, applicable foreign laws, the rules of morality and good manners and Internet ethics when using the goods and/or services provided by VERIDIAN TRADE;
    5. immediately notify the MERCHANT of any violation committed or detected in the use of the services provided;
    6. not load, send, transmit, distribute or use in any manner, or make available to any third party, any software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems (“Trojan horses”), computer codes, or materials designed to interrupt, impede, disrupt or restrict the normal operation of computer hardware or software or telecommunications facilities, or designed to gain unauthorized entry or access to foreign res
    7. not to commit malicious acts;
    8. to indemnify the MERCHANT and any third parties for all damages and lost profits, including any costs and attorneys’ fees incurred as a result of claims brought by and/or damages paid to third parties in connection with any web pages, hyperlinks, materials or information that the USER has used, hosted, posted, transmitted, distributed, made available to third parties or made available through https://elegarten.com/в in violation of the law, these Terms and Conditions, Good Morals or Internet Ethics;
  5. The USER/CUSTOMER is obliged to provide an accurate and valid telephone number, delivery address and e-mail address, to pay the price of the goods, to pay the delivery costs when the delivery is not free of charge and to provide access and the possibility of receiving the goods. In the event that it is not expressly stated that the delivery is free of charge , the same shall be deemed to be consideration.

 

RIGHTS AND OBLIGATIONS OF THE TRADER

  1. The MERCHANT has the right, but not the obligation, to store materials and information located on the server of https://elegarten.com/.
  2. The MERCHANT has the right to collect and use information relating to its USERS/CUSTOMERS.
  3. The information referred to in the preceding Article may be used by the MERCHANT, except in the case of express disagreement of the USER/CUSTOMER sent to the following e-mail address veridianeurope@gmail.com. The MERCHANT collects and uses the information to improve the services offered. All purposes for which the MERCHANT will use the information will comply with Bulgarian legislation, applicable international acts and good morals.
  4. The MERCHANT shall not be liable for any failure to perform its obligations under this Agreement in the event of circumstances which the MERCHANT did not foresee and was not obligated to foresee – including, but not limited to, the occurrence of fortuitous events, problems in the global network of the Internet and in the provision of services beyond the control of the MERCHANT.
  5. The MERCHANT has the right to install on the computers of the USERS/CUSTOMERS (cookies). Cookies are text files that are stored by the Website on the USER’s/CUSTOMER’s hard drive and allow the retrieval of information about the USER/CUSTOMER, identifying him/her and allowing the tracking of his/her actions, the websites he/she visits, the hyperlinks he/she uses, the information he/she uses and saves, etc.

PERSONAL DATA

  1. The MERCHANT guarantees its USERS/CUSTOMERS the confidentiality of the information and personal data provided. The latter will not be used, provided or brought to the knowledge of third parties outside the cases and under the conditions set out in these General Terms and Conditions. The MERCHANT shall protect the personal data of the USER/CUSTOMER made known to him/her when completing the electronic form for making a purchase application, this obligation being waived in the event that the USER/CUSTOMER has provided false data. Subject to applicable law and the provisions of these Terms and Conditions, the MERCHANT may use the USER’s/CUSTOMER’s personal data solely for the purposes set out in the contract. Any other purposes for which the data is used will be in accordance with Bulgarian legislation, applicable international acts, Internet ethics, rules of morality and good morals.
  2. The MERCHANT undertakes not to disclose any personal data about the USER/CUSTOMER to third parties – state authorities, commercial companies, individuals and others, except in cases where it has received the express written consent of the USER/CUSTOMER, the information is requested by state authorities or officials who, according to the legislation in force, are authorized to request and collect such information. The MERCHANT is obliged to provide the information by law.

CHANGES

The General Terms and Conditions may be modified at any time by the MERCHANT , who is also entitled to modify the characteristics of the services provided. These General Terms and Conditions may also be changed on the basis of changes in legislation. The MERCHANT is obliged to notify the USER/CUSTOMER of the changes in the General Terms and Conditions by publishing a notice of the changes in a prominent place on its website and giving sufficient time to familiarize with them. Within the given period, if the USER/CUSTOMER does not state that he rejects the changes, he shall be deemed to be bound by them. In the event that the USER/CUSTOMER declares within the given period that he/she does not agree with the changes, the MERCHANT shall be entitled to immediately suspend or terminate the provision of the services to the USER/CUSTOMER.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

By accessing the site, you agree to abide by the law and to respect the intellectual property rights of third parties. Use of the Site is subject to laws regarding ownership and use of intellectual property. You agree not to download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party copyright, trademark, or other intellectual property or proprietary right. You agree to comply with the intellectual property ownership and use laws for copyright, and you are solely responsible for any violations of any relevant laws and for any violations of third party rights caused by any content that is provided or transmitted, or provided or transmitted with your username. The burden of proving that any content does not violate any laws or third party rights is solely on you/the USER/CUSTOMER.