Terms of payment and delivery

GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICES PROVIDED BY RETAILER

 

These GENERAL TERMS AND CONDITIONS shall govern the relations between DIVINE GARDEN EOOD (owner of online shop www.dgarden.bg ), of the first party, and the USERS of the aforementioned online shop (hereinafter referred to as the “website”).

To purchase goods from our website, you need to:

Complete correctly the electronic order form;

Specify a correct and valid telephone number and delivery address;

Ensure access and possibility to receive the goods.

 I. GENERAL

 1. This document contains the General Terms and Conditions pursuant to which RETAILER provides services to its users (customers) through the Online shop (www.dgarden.bg). These terms and Conditions are binding on all users. By confirming the order, user agrees, accepts and undertakes to fully comply with these General Terms and Conditions. 
 

2.  User/customer’s identification for the purpose of reproduction of their statement both of acceptance of the General Terms and Conditions and of the order made shall be performed through the log files kept on the server at www.dgarden.bg, as well as through any other information.
 

3. The products displayed on the webpage of www.dgarden.bg shall not be deemed a legally binding offer, but rather comprise a demonstration of an online catalogue describing retailer’s product range in the best possible way.
 

4. By clicking the button "ORDER", users agree to purchase the goods in the ORDER FORM (BASKET). This action has a legally binding effect. Customer receives confirmation of the order and the acceptance of the said confirmation shall mean that the agreement has been concluded. 
 

5. RETAILER reserves the right to refuse the delivery of a confirmed order in the event that the goods are not available. If the items ordered are out of stock, RETAILER shall notify user/customer of their unavailability within the business week by sending a message to the electronic mail address specified by Customer or on the advised telephone number.
 

6. The language of the agreement shall be Bulgarian, and the payments shall be effected in Bulgarian leva.

 

II. TERMS AND DEFINITIONS 

 7. “User/customer” shall mean any person who has loaded the website www.dgarden.bg onto their computer.

8. “Order” shall mean the chosen goods (items) and all other parameters related to the method of delivery and payment for the goods by customer/user.

9. The online shop www.dgarden.bg is the property of RETAILER.

10. All disputes between the parties shall be resolved in a spirit of mutual understanding and good faith. In the event of failure to reach agreement, all unresolved disputes, including disputes arising out of or related to its interpretation, invalidity, performance or termination, as well as disputes related to filling of gaps in the agreement or its adaptation to newly arising circumstances, shall be submitted for resolution by the court of competent jurisdiction of RETAILER’s registration, in compliance with the Bulgarian legislation.

 

III. DELIVERY

 11. User/Customer shall bear the entire risk of damaging/loss of the goods during the delivery. The risk of destruction, loss or damage to the goods shall be transferred from the RETAILER to the user/customer immediately upon handover of the goods to a courier. RETAILER shall not be liable for any delay in case such delay is due to the default of a courier or any other supplier.
 

12.  The user/customer or a person authorised by them should inspect the goods carefully upon delivery thereof. All possible defects, physical harm and other damages shall be reported promptly to RETAILER. In the event damages which have occurred during the transportation of the goods are established, RETAILER shall not be liable for the warranty service of the said goods. In the cases where RETAILER has instructed a specific date and time of delivery in writing, its instruction shall have a binding effect. In the event of wrongly stated or mistaken address, contact person and/or telephone on submitting the order, RETAILER shall not be bound by any obligation to execute the order.
 

12а. On handover of the goods, user/customer or any third party authorised by them shall sign the accompanying documents. A third party shall be deemed any person who is not the title holder of the order but accepts the goods on delivery and is present at the address specified by customer. 
In case of refusal to accept the goods, other than the cases described hereinbelow, the refusal shall be deemed groundless and Customer shall owe payment of the costs for delivery and return of the goods. In the event of failure to find Customer within the time limit for delivery at the specified address or of Customer’s failure to ensure access and conditions for handover of the goods within that time limit, RETAILER shall be released from its obligation to deliver the ordered goods.
 

12b. RETAILER reserves the right to make insignificant changes related to the sort of the goods, due to the type of its nature, in the cases where the replaced item matches the type, price and vegetative stage of the one initially ordered by Customer. RETAILER shall exercise this right without undertaking to notify Customer of it in advance.

 13. The deadlines for delivery of the goods vary in accordance with the weather conditions, the respective season, and the nature and the vegetative stage of the goods. Retailer shall notify Customer of the respective deadline for delivery of the ordered items. 

IV. MISCELLANEOUS

 14. RETAILER offers the provision of technological information about the growing and keeping of the ordered products. The said service is performed by RETAILER upon Customer’s explicit request.

 15. The picture references provided on the website may differ from the actually received products due to a difference in the contrast of the different computer configurations and the used pictures. In such cases the actual blossoming could have a sharper or duller colour than the one specified on the website.

 16. In the event that any technological mistakes are made in the documents accompanying the goods, the parties hereto have the right to demand their respective correction from one another.

V. PRICES

17. The prices listed on the website are exclusive of the transportation charge to the address instructed by customer, unless specified otherwise on the website.

The payment for the products is made to the courier in cash on delivery at the moment of delivery or by bank transfer into the following account:

IBAN: BG84FINV91501016596153

BIC: FINVBGSF

First Investment Bank AD, account holder Divine Garden EOOD. In the event of payment by bank transfer, the delivery will be performed after receiving the bank transfer.

The transport is carried out using the courier company SPEEDY AD in the territory of the Republic of Bulgaria in accordance with the officially announced tariffs, which are approximately as follows:

up to 1 kg

3.64 BGN

from 1 to 2 kg

3.64 BGN

from 2 to 5 kg

4.82 BGN

from 5 to 10 kg

7.19 BGN

from 10 to 15 kg

9.55 BGN

from 15 to 20 kg

9.85 BGN

In the event that the goods are sent outside the territory of the Republic of Bulgaria, user/customer shall pay all customs and other charges related to the export.

 VI. USER/CUSTOMER’S RIGHTS AND OBLIGATIONS

 18. User/customer may view and order the offered goods in the online shop www.dgarden.bg.

19. User/customer has the right to receive information about the status of their order.

20. User shall pay the price of their order in accordance with the procedure stated on the website www.dgarden.bg.

21. When using the services, every user, irrespective of whether they are a RETAILER’S customer, shall: 
• not violate and shall recognise the civil rights and liberties and the human rights, in compliance with the Constitution and the legislation of the Republic of Bulgaria and the recognised international acts; 
• not damage the reputation of any third party and shall not incite for a change in the constitutionally established order by force, to committing a crime, or personal violence, or to incitement of racial, national, ethnical or religious animosity; 
• not violate other party’s material and non-material, absolute or relative rights and interests, such as right of ownership, intellectual property rights, etc.;
• abide by the Bulgarian legislation, the applicable foreign laws, ethical rules and principles of morality, as well as the Internet ethics in the use of the services provided by DIVINE GARDEN EOOD; 
• notify RETAILER promptly of any case of committed or established violation in the use of the provided services; 
• not boot, send, broadcast, distribute or use in any other way whatsoever and shall not make available to third parties any software, computer programmes, files, applications and other materials containing computer viruses, unauthorized remote control systems ("Trojan horses"), computer codes, or materials designed to interrupt, hamper, disturb or restrict the normal operation of any computer hardware or software or the telecommunication facilities or aiming at unauthorised penetration or access to foreign resources or software; 
• not perform malicious acts; 
• compensate RETAILER and all third parties for all incurred damages and benefits foregone, including for any costs and paid lawyer retainer fees, occurring as a result of claims filed by and/or compensations paid to third parties in connection with Internet sites, hyperlinks, materials or information which User has used, uploaded on the server, sent, disseminated, provided to third parties or made available via www.dgarden.bg in violation of the law, these General Terms and Conditions, the Principles of Morality or the Internet ethics;
 

22. Customer shall specify a correct and valid telephone number, delivery address and electronic address, and shall pay the price of the goods and the costs for the delivery is case the latter is not free of charge, and shall ensure access and availability to receive the goods. In the event it is not explicitly advised that the delivery is free of charge, it shall be deemed a payable service.

 23. Customer has the right cancel an order already placed within 7 days of the date of sending the order. Customer shall effect this via electronic mail or by calling the specified contact telephone numbers.

 VII. RETAILER’S RIGHTS AND OBLIGATIONS

 24. RETAILER shall not have the obligation and the objective possibility to control the method in which users make use of the provided services. 

25. RETAILER shall have the right, but not the obligation to keep materials and information uploaded on the www.dgarden.bg server.

26. RETAILER may, at any time and without notifying User/customer, in the cases the latter uses the services in breach of these Terms and Conditions, as well as at RETAILER’s discretion, terminate, suspend or modify the provided services in connection with the use of the website. RETAILER shall not be responsible to users and third for any damages incurred and loss of profit arising as a result of the termination, suspension, change or limitation of the services, the deletion, modification, loss, unreliability, inaccuracy, or the incompleteness of any messages, materials or information which are transferred, used, saved or made available via www.dgarden.bg

26а. RETAILER transfers to user/customer the ownership of the goods ordered by them on the receipt of the said goods following delivery thereof.

26b. RETAILER shall check the physical fitness and quality of each item prior to its dispatch (if possible, without damaging the integrity of the packaging). 

27. The counsel, consultations or assistance given or rendered by RETAILER’s specialists or employees in connection with the use of the services by users shall not give rise to any RETAILER’s liability or obligations. The company shall not be held responsible in case of misrepresentation of the information about the goods specified by the manufacturer.

28. RETAILER shall have the right to collect and use information relating to its Users/customers regardless of whether they have been registered.

29. The information under the foregoing article may be used by RETAILER, except in the event of User’s explicit disagreement, sent to the following e-mail address: office@dgarden.bg. RETAILER collects and uses the information for the purpose of improving the offered services. All purposes for which RETAILER uses the information shall comply with the Bulgarian legislation, the applicable international laws and the principles of morality. 

30. RETAILER shall not be liable for non-performance of their obligations hereunder in the event of occurrence of circumstances which RETAILER has not foreseen or did not have the obligation to foresee – including cases of occasional events, problems in the global network and in the provision of the services which are beyond RETAILER’s control.

31. RETAILER has the right to install cookies on the users’s computers. Cookies are text files which are saved from the Internet website onto User’s hard disk and allow for the recovery of the information about User by identifying them and for tracing their activity, the visited websites, hyperlinks used, the information used and saved, etc.

 

VIII. PERSONAL DATA

 32. RETAILER guarantees its Users/customers the confidentiality of the submitted information and personal data. The latter shall not be used, provided or made available to third parties, except in the cases and under the provisions laid down in these General Terms and Conditions. RETAILER shall protect user/customer’s personal data that have come to their knowledge during the completion of the registration form for placing a purchase order, and this obligation shall cease in the event Customer has submitted false data. In compliance with the effective legislation and the provisions of these General Terms and Conditions, RETAILER may use Customer’s personal data only for the purposes provided for herein. Any other purposes for which the data are used, shall comply with the Bulgarian legislation, the applicable international acts, the Internet ethics, and the morality principles.

32а. RETAILER shall not disclose any of Customer’s personal data to third parties - government authorities, trading companies, natural persons, etc., except in the cases where RETAILER has obtained Customer’s explicit consent in writing, or the information has been requested by government authorities or officials authorised in compliance with the efective legislation to request and collect any such information. RETAILER shall disclose the information in compliance with the legislation.

 IХ. AMENDMENTS

 33. These General Terms and Conditions may be amended at any time by RETAILER, and the latter may also modify the characteristics of the provided services and amend these General Terms and Conditions on the grounds of changes in the legislation. RETAILER shall notify User of the amendments to the General Terms and Conditions, and shall publish a message about their amendment in an easily visible place on its website and provide users with sufficient time to familiarise with them. Within the specified time limit, should User fail to declare they reject the amendments, they shall be deemed bound by them. In the event User declares they do not agree to the amendment within the specified term limit, RETAILER shall have the right to immediate suspension or termination of the provision of the services to User.

 

Х. TIME LIMITS AND DELIVERY

 34. The ordered products are delivered within the territory of the country by a courier of SPEEDY AD. 

The delivery shall be borne by customer.

The price of the delivery is calculated according to the weight and the cash on delivery on the parcel.

Approximate prices for delivery according to the tariffs of the courier company SPEEDY AD:

up to 1 kg

3.64 BGN

from 1 to 2 kg

3.64 BGN

from 2 to 5 kg

4.82 BGN

from 5 to 10 kg

7.19 BGN

from 10 to 15 kg

9.55 BGN

from 15 to 20 kg

9.85 BGN

 35. The deadlines for execution of the orders are as follows:

35a. In the event of an order placed before 2 o’clock pm on a business day, the delivery will be performed on the following business day (in the cases where an order is placed on Friday before 2 o’clock pm, the delivery will be performed on Saturday).

35b. In the event of an order placed after 2 o’clock pm on a business day, the delivery will be performed after 1 (one) business day (in the cases where an order is placed on Friday after 2 o’clock pm, the delivery will be performed on the first business day).

35в. In the event of order placed on a non-business day, the delivery will be performed after the first business day.

35г. In the evet of payment by bank transfer, the delivery will be performed on the following business day AFTER RECEVING THE BANK TRANSFER.

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