Terms of use

SUBJECT

This is a legal agreement (hereinafter referred to as “Terms of Use”) between you (the person accessing,  viewing or  otherwise using the  Platform  (as  defined  hereinafter),  and hereinafter referred  to  as “You”, “Your”, “Yourself” or “User” as per the context) and Cattleya Home Ltd. These Terms of Use set forth the legally binding terms and conditions for Your Platform. By accessing or using this Platform, You agree to be bound by these Terms of Use, Privacy Policy (as defined below), and such other agreements (hereinafter referred to as “Agreements”) as may be adopted by us from time to time. Please read these Agreements carefully before entering into a Transaction (as defined below) on this Platform. 

SUPPLIER DATA

• Name of the Supplier: CATTLEYA HOME EOOD

• Headquarters and address of management: Bulgaria, Sofia, Simeonovo, 15 Zelena Krusha Str

• Correspondence details: support@prospecttrade.com

• Website: www.prospecttrade.com

• BULSTAT Unified Identification Code/Number: 205470828

• VAT identification number: BG205470828

DEFINITIONS

• User – any natural person aged 18 or over or a legal entity or other legal entity that, when making a purchase, gives its consent to certain clauses in the General Terms of Use section;

• Client – any natural person aged 18 or over or a legal entity or other legal entity that receives access to the content through means of communication (electronically, by telephone, etc.);

• Buyer – a natural person aged 18 or over, a legal entity or other legal entity, who places an order and concludes a distance sales contract through the e-shop;

• Platform – an infrastructure through which the sale of goods or services is hosted on the web address www.prospecttrade.com;

• Order – an electronic document representing a form of communication between Prospect Trade and the Customer, through which the Customer declares to the Seller his intention to purchase goods or services from the e-shop;

• Shopping cart – a section of the site that allows the Buyer / User to add goods and services that he wishes to buy at the time of their addition or at a later stage;

• Product (s) and Service (s) – any product or service located on the e-shop;

• Campaign – any advertising message aimed at promoting the e-shop, the Prospect Trade brand or certain Goods and / or Services offered by the e-shop;

• Contract – represents the contract concluded at a distance between the Seller and the Buyer for purchase and sale of Goods and / or Services through the e-shop, an integral part of which are the present general conditions for use of the e-shop.

SUPERVISORS

• Commission for Personal Data Protection Address: Sofia, 15 Ivan Evstatiev Geshov Str., Tel .: (02) 940 20 46 fax: (02) 940 36 40 Email: kzld@government.bg, kzld @ cpdp.bg Website: www.cpdp.bg

• Consumer Protection Commission Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors, tel .: 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22 Website: www.kzp.bg.

• Internet platform for consumer dispute resolution (ODR) of the European Commission (EC) according to EU Regulation No. 524/2013 – https://webgate.ec.europa.eu/odr/main/index.cfm?event=main. home.show & lng = BG

GENERAL

PROSPECT TRADE is a Platform owned and operated by Cattleya Home Ltd.

• The General Terms and Conditions of Prospect Trade bind all Customers / Buyers / Users of the e-shop.

• Any use of the e-shop means that you have:

• carefully read the general conditions for its use;

• agreed to abide by them unconditionally.

• Prospect Trade is a platform available at an Internet address through which Users have the opportunity to enter into contracts for the sale and delivery of goods offered by Prospect Trade, including the following:

• Make electronic statements regarding the conclusion or performance of contracts with Prospect Trade through the interface of the Prospect Trade website, available on the Internet;

• To enter into contracts for the sale and delivery of goods offered by Prospect Trade;

• Make any payments in connection with the contracts entered into with Prospect Trade, in accordance with the payment methods maintained by Prospect Trade.

• Receive information about new products offered by Prospect Trade;

• To review the goods, their characteristics, prices and delivery conditions;

• To be notified of the rights arising from the Act primarily through the interface of the Prospect Trade website

• The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.

• Users enter into a contract for the sale of goods offered by Prospect Trade through the Provider’s interface, available on its website at www.prospecttrade.com or other means of distance communication.

• By means of contract concluded with the Users for purchase and sale of goods, the Provider is obliged to deliver and transfer the ownership to the User to the goods determined by him through the interface.

• Users pay the Supplier the price for the delivered goods in accordance with the conditions set out in Prospect Trade. The remuneration is the price announced by the Provider at the address of Prospect Trade on the Internet.

• The User and the Provider agree that all statements between them in connection with the conclusion and execution of the contract of sale are carried out electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.

• Prospect Trade reserves the right to update and amend the Terms and Conditions periodically to reflect any changes to the way the website operates and the terms or any changes to the legal requirements. The document may be opposed to the Clients / Users / Buyers from the moment it is published on the site. In case of such a change, we will publish on the site the amended version of the Document, therefore we ask you to periodically check the content of this Document. The General Terms of Use that were in force at the time of concluding the distance contract between the Buyer and the Seller shall be applied to each transaction.

• If any of the provisions of these General Terms of Use of the site prove to be invalid or inapplicable, regardless of the reason for this, it does not entail the invalidity or inapplicability of the other provisions.

• The Prospect Trade team makes every effort to maintain the accuracy of the information presented on the site and e-shop. However, given the possible technical errors or omissions in this information, Prospect Trade clarifies that the images of the products are illustrative and indicative; respectively the delivered products may differ from the images.

• Product descriptions may sometimes be incomplete due to limited space and consistent information structure. However, at Prospect Trade we strive to provide the most relevant and important information.

• All goods, including those in promotion / discount are sold and delivered until the quantities are exhausted, even if this is not explicitly stated on the site.

SIGNING A CONTRACT

• The Client declares his desire to order and buy a Goods and / or Service through the site by placing an Order electronically or by telephone and which is registered by him.

• Prospect Trade will send a notification to the Customer for registration of the Order in his system, which does not make sense to accept, confirm or undertake to fulfill it. This notification Prospect Trade makes electronically (email) or by phone.

• Therefore, the Seller has the right 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 the exhaustion of their stock.

• In all cases, Prospect Trade notifies the Customer by email or telephone. In this situation, the sole responsibility of the Seller is to return any pre-received price of the Goods or Services.

• The distance sales contract between the Seller and the Buyer is considered concluded at the time of receipt by the Buyer of his e-mail and / or e-mail sent to his phone notification that the Goods from the Order are ready for shipment or the service can be provided.

• The contract of sale concluded between the Buyer and the Seller consists of these general terms and conditions and any additional agreements between the Seller and the Buyer.

TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT

• Users primarily use the interface of the Provider’s website to enter into sales contracts for the goods offered by the Provider at Prospect Trade.

• The contract is concluded in English.

• The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have access to them.

• The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data provided by the Users are incorrect or misleading.

• Prospect Trade reserves the right, in its sole discretion, to restrict the access of any User / Buyer to the execution of an Order and / or to any of the possible payment methods if it deems that this would be to the detriment of Prospect Trade in any way. In this situation, the Client’s only right is to contact Prospect Trade to be informed of the reasons that led to the application of the above measures. Prospect Trade is not responsible for any damages.

• All images posted on the site are for the sole purpose of creating some idea of ​​the type of Product / Service offered, not to present 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 respective Goods or create a false impression of the offered Service. The seller will not be liable for such discrepancies.

THE RIGHT TO INTELLECTUAL AND INDUSTRIAL PROPERTY

• The content, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the site, is the exclusive property of Prospect Trade.

• Prospect Trade owns and retains all intellectual property rights in any way associated with the Site, whether its own or obtained through contractual licenses or in any other lawful manner.

• Nothing in the distance agreement between Prospect Trade and the Buyer will be construed as permission from Prospect Trade to copy, distribute, publish, make available to third parties, change in any way any part of the Content, including but not limited to the content of trademarks, logos, multimedia content of the site or descriptions of Products or Services in any way, including by introducing any content external to the site, the removal of signs indicating the right of ownership of Prospect Trade on Content. Customer may not transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of Prospect Trade.

• The Client may copy, transfer and / or use the Content only for personal non-commercial purposes, only in cases where this does not contradict the provisions of this chapter of this document.

• Customer has the right to use the Content for commercial purposes only if it has received the written consent of Prospect Trade for this and only to the part of the Content, to the manner and extent of its use, and within the time limits for which such consent is given explicitly. Any subsequent or different use of the Content will be considered a breach of this agreement between Prospect Trade and Customer and a breach of the intellectual property rights of Prospect Trade, which has the right to seek Customer’s liability for this.

• The mere sending to the Customer or reference to the Content or parts thereof by Prospect Trade will not be considered as consent by Prospect Trade to allow the Customer to use the Content or parts thereof for purposes other than his personal needs, regardless of the means of communication used by Prospect Trade.

• Any use of the Content for purposes other than those expressly permitted in these terms and conditions or in any other express written consent given by Prospect Trade is prohibited.

ORDER

• The Customer is responsible for all data provided to Prospect Trade in connection with the Order whether they are correct, complete and accurate as of the date of sending the order. The customer gives permission to Prospect Trade to provide this data to a courier to deliver the goods.

• By sending the order, the Customer / Buyer allows Prospect Trade and / or the Seller to contact him in any possible way, when this is necessary in connection with the order or the concluded Contract.

• The Seller has the right to refuse to fulfill (cancel) the Order made by the Client, for which he should notify the Client. The cancellation of the order does not entail any liability or subsequent obligation of either party to the other in connection with it and accordingly neither of them has the right to seek compensation from the other for its cancellation in the following cases:

• non-acceptance by the bank of the Client of the transaction for the payment;

• carrying out the money transaction, which does not lead to the receipt of funds on the Seller’s account

• Data provided by the Customer are incomplete and / or incorrect.

• Buyer will bear all direct costs of returning Products offered by Prospect Trade in the event that it withdraws from the Distance Contract and declares this within the withdrawal period provided by Prospect Trade. This period starts from the date of conclusion.

CONFIDENTIALITY

• Customer / User / Buyer agrees that by providing any personal or other information to Prospect Trade, he agrees that it may be used by Prospect Trade for the following purposes by Prospect Trade:

• registration of orders, sending of ordered products, implementation of the ordered services, invoicing, resolving disputes with Clients / Users / Buyers regarding their Orders or consideration of their requests;

• sending Commercial messages, periodic notifications by e-mail or by messages;

• conducting market research, tracking and monitoring sales and customer / consumer behavior.

• Customer / User / Buyer agrees to provide Prospect Trade with unlimited access to any materials and information it sends to Seller through or in connection with the Site, whether or not it has placed an Order and made a transaction through the Site. Prospect Trade reserves the right to use, reproduce, publish, modify, transmit and distribute this information or materials. Customer expressly agrees that Prospect Trade is free to use and process for its own purposes the ideas, concepts or know-how provided by Customer in any way through or in connection with the Site or the actions / omissions that Customer has carried out through or in connection with the site. Prospect Trade has no obligation to keep such information confidential, insofar as this is not required by applicable law.

• By providing your data to Prospect Trade (including e-mail), the Customer / User / Buyer expressly agrees to contact Prospect Trade or third parties who are couriers, partners of Prospect Trade and are providers of marketing services, government, municipal or non-governmental agencies or companies in the field of insurance or financial services, where required by specific legislation, as well as other companies with which Prospect Trade may develop joint programs for offering the Goods and / or Services on the market, etc.

INVOICING – PAYMENT

• The prices of the Goods and Services announced on the site RRP (recommended retail price) are indicative. The Ex works prices and discounts are related to the quantity ordered.

• The price, the method of payment and the term for payment when issuing invoices are specified in each Order. Orders for products offered by Prospect Trade should be paid in advance by bank transfer or by bank card.

• The Client / User is obliged to provide all the necessary information for the issuance of the invoice in accordance with the current European legislation.

• The Seller will issue to the Client a receipt or an invoice for the ordered and delivered Goods / provided Services based on the information provided by the Client.

• Prospect Trade issues a receipt or an invoice for each payment under an Order through which the Customer has purchased a Product and / or Service offered on the online store of Prospect Trade. The customer agrees to receive such a receipt or an invoice electronically. In the event that these payment documents are not received within more than 48 hours (forty-eight) hours, please let us know at email: support@prospecttrade.com

• In order to properly compile the invoice for the respective Order, the Customer / User is obliged to inform the Prospect Trade team. He is obliged to review the information specified in the respective Order to make sure it is complete, true and accurate.

METHODS OF PAYMENT

• Payment in the Prospect Trade platform can be made in one of the following ways:

• Bank transfer – the advance payment is made after the order for confirmation, the client should transfer the amount to the bank account of the merchant within 3 / three / days after receiving advance invoice. After posting the final payment after receiving the final invoice, the goods are sent to the customer.

STOCK DELIVERY

• The Seller will ensure the appropriate packaging of the Goods and the sending of the accompanying documents. If by any chance the shipment does not contain the necessary document for the ordered product, please contact us at support@prospecttrade.com and we will do our best to provide it to you as soon as possible.

WARRANTIES

• The Seller offers Goods on the site with a guarantee of compliance of the goods with the Contract in accordance with applicable law.

• Warranty certificates issued by Prospect Trade itself will be sent to the Buyer in electronic format at the e-mail address specified by the Buyer.

• The repair of Goods outside the warranty period or within this period, but provided that the Seller’s obligation to bring the goods in accordance with the Contract of Sale has lapsed for any reason, is subject to payment by the Buyer and shall be carried out within a period agreed between the parties.

TRANSFER OF OWNERSHIP

• The ownership of the Goods will be transferred by the Seller when the products are available at a prespecified designated location to the Buyer, after the final payment has been made by the Buyer.

TERMINATION

• The present general conditions and the contract of the User with the Provider are terminated in the following cases:

• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;

• by mutual consent of the parties in writing;

• unilaterally, with notice from each of the parties in case of non-fulfillment of the obligations of the other party;

• in case of objective impossibility of any of the parties to the contract to perform its obligations;

• in case of seizure or sealing of the equipment by state bodies.

OTHER PROVISIONS

• The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.

• The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.

• All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.

• These Terms and Conditions are effective for all Prospect Trade Users.

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