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Terms & Conditions of online store WWW.HOLIDAYATHOME.BG
IV. RIGHTS AND OBLIGATIONS OF THE USER /CUSTOMER/
V. RIGHTS AND OBLIGATIONS OF THE PROVIDER
VI. USE OF THE SITE SERVICES BY THE USER /CUSTOMER/
VII. PRICE, METHOD OF PAYMENT AND DELIVERY TIME
X. RIGHT TO CANCEL THE DISTANCE SELLING CONTRACT
XI. PRIVACY POLICY /PERSONAL DATA PROTECTION/
I. INTRODUCTION
1.1. These Terms & Conditions are intended to regulate the relations between the PROVIDER and the USER /CUSTOMER/ of online store www.holidayathome.bg. They define the terms and conditions of using the SITE and the services it offers. By providing their personal data, confirming with a 'tick' the "I have read and agree with the Terms & Conditions" and completing the registrations, the USER /CUSTOMER/ declares that s/he is familiar with these Terms & Conditions and is obliged to comply with them.
1.2. The services available through the SITE are accessible also at domain www.holidayathome.eu and in the present Terms & Conditions the use of www.holidayathome.eu is the same as the use of www.holidayathome.bg. The USER /CUSTOMER/ is familiar with and unconditionally agrees to this unambiguousness.
II. INFORMATION ABOUT US
2.1. Full name of the PROVIDER: "Holiday at Home" Ltd.
2.2. Registered office and management address of the PROVIDER: 152 "6th September" Blvd., Legis Centre, floor 1, office 10-B, Plovdiv, 4000, Bulgaria.
2.3. Publicly registered under UIC number 160112752.
2.4. Certificate Number for Personal Data Administrator: № 288936.
2.5. Law enforcement supervisors: (1) Commission for Personal Data Protection, address: 15 "Akad. Ivan Evstatiev Geshov" Blvd., Sofia, 1606, tel.: +359 2 940 20 46, fax: +359 02 940 36 40, email: kzld@government.bg, kzld@cpdp.bg, website: www.cpdp.bg; (2) Commission for Consumer Protection, address: 4A "Slaveykov" Square, fl.3, 4 and 6, Sofia, 1000, tel.: +359 2 980 25 24, fax: +359 2 988 42 18, hotline: +359 700 111 22, website: www.kzp.bg.
2.6. Public registration under the Value Added Tax Act № BG 160112752.
III. DEFINITIONS
3.1. PROVIDER – the company "Holiday at Home" Ltd. with registered office and management address: 152 "6th September" Blvd., Legis Centre, floor 1, office 10-B, Plovdiv, 4000, Bulgaria, UIC number 160112752.
3.2. SITE - the domain www.holidayathome.bg and all its sub-domains.
3.3. USER – an individual who receives access to the content of the SITE by any means of communication.
3.4. CUSTOMER – an individual registered as a USER, who in addition to accessing the content, also receives the opportunity to use the services offered through the SITE.
3.5. PROFILE – created by the USER by filling in the registration form.
3.6. SERVICE – online retail /e-commerce/ through the SITE, allowing the CUSTOMER to buy products and/or services, using only electronic devices.
3.7. CONTRACT – a distance contract between the PROVIDER and the CUSTOMER, regulated in Section II, pt.48-62 of the Consumer Protection Act.
3.8. ADVERTISEMENT MESSAGE – information sent by the PROVIDER to the USER regarding current promotions, new products and other services offered through the SITE.
3.9. ORDER – a form generated by the platform of the SITE, that has been obtained on the basis of the selection of certain products by the CUSTOMER and its completion as an ORDER for the same.
IV. RIGHTS AND OBLIGATIONS OF THE USER/CUSTOMER
4.1. REGISTRATION – the right of registration has every individual over the age of 18 years, who provides correct, full and accurate personal data within the registration form. The SERVICES of the SITE can be used if one has provided a delivery address within the territory of the Republic of Bulgaria.
4.2. By creating a PROFILE, each USER /CUSTOMER/ agrees that the PROVIDER will collect and manage their personal data in accordance with the provisions of the Personal Data Protection Act, as well as if necessary for conducting a SERVICE, "Holiday at Home" Ltd. to provide personal data to contractors for processing. The contractors are individuals or companies registered under the Law on Personal Data Protection.
4.3. As a registered user, the USER /CUSTOMER/ bears full responsibility to keep their username and password secret, as well as their personal data contained in their PROFILE /including address, telephone number, email, other information and third parties authorized to receive ORDERS/.
Only the USER /CUSTOMER/ may authorize third parties to use their username and password to buy a product from the SITE.
4.4. In any case where the USER /CUSTOMER/ suspects unauthorized use of their username and password, or any danger thereof, they should immediately notify the PROVIDER.
4.5. The USER /CUSTOMER/ should update in a timely manner the personal data provided in their registration form, in case of change. The email address, provided at the initial registration of the USER /CUSTOMER/, as well as every other email address, used to exchange statements between the parties, may be changed only by sending a written request by the USER /CUSTOMER/ to the PROVIDER at sales@holidayathome.bg, which is to be considered accepted after the USER /CUSTOMER/ receives confirmation at the initially indicated email address.
4.6. By filling in their contact details and creating a PROFILE, the USER /CUSTOMER/ agrees:
- that the PROVIDER may contact them via email, telephone number or their delivery address.
- to receive ADVERTISEMENT MESSAGES via the provided contact details, stating that they will have no compensation claims against the PROVIDER, regarding damage by those messages.
- to periodically familiarize themselves with the Terms & Conditions, as they may be changed at any time. The changes will not stand for orders that have already been accepted.
4.7. Every registered USER /CUSTOMER/ has the right to:
- to conclude CONTRACTS for purchase and delivery of products, offered through the SITE.
- to make payments regarding the CONTRACTS with the PROVIDER, according to the methods of payment supported by the SITE.
- to unsubscribe from receiving ADVERTISEMENT MESSAGES, while still keeping their PROFILE and the access to the SITE's SERVICES, by sending an email to sales@holidayathome.bg stating that they would like to stop receiving ADVERTISEMENT MESSAGES. The PROVIDER should email a confirmation of this back to the USER /CUSTOMER/.
- the USER /CUSTOMER/ has the right to withdraw their approval of the Terms & Conditions, by sending an email to sales@holidayathome.bg stating that they deny their access to the SERVICE, the receipt of ADVERTISEMENT MESSAGES and notifications from the PROVIDER. The PROVIDER conducts a cancellation of the PROFILE and send a confirmation to the email address of the USER /CUSTOMER/. In case of cancellation of the PROFILE, the PROVIDER has the right to deny, without any further notice, all pending orders and contractual agreements with the USER /CUSTOMER/.
- with every ORDER, the USER /CUSTOMER/ agrees with the contractual conditions and the content of the Terms & Conditions at the time of the ORDER.
- the User /CUSTOMER/ has the right to cancel the CONTRACT and return the merchandise bought. The terms of cancellation are provided in detail in Section Х of the Terms & Conditions.
- the USER /CUSTOMER/ is obliged not to copy, disseminate and change the Terms & Conditions.
V. RIGHTS AND OBLIGATIONS OF THE PROVIDER
5.1. The PROVIDER is obliged to:
- provide the opportunity of using the SERVICE in accordance with the Terms & Conditions for every individual, who has a registered PROFILE with the SITE, by concluding distance CONTRACTS, regulated in Section II, pt.48-62 of the Consumer Protection Act.
- notify the USER /CONSUMER/ for every change, regarding any ORDER they have placed, as soon as the PROVIDER knows about the change.
- provide the needed personnel to take care of the rights of the USER /CUSTOMER/, provided in the Terms & Conditions.
5.2. The PROVIDER has the right to:
- use the personal data of the USER /CUSTOMER/ according to the Confidentiality policy, described in detail in Section ХI and in accordance with the Law on Personal Data Protection.
- send ADVERTISEMENT MESSAGES to the USER /CUSTOMER/ via the contact details provided.
- contact the USER /CUSTOMER/ when necessary via the contact details provided.
- receive the contractual price for the delivered orders through one of the payment methods specified.
- cancel an ORDER without any prior notification of the USER /CUSTOMER/, without any obligations left between the parties and without any of the parties claiming compensations in the following situations: incomplete or inaccurate data in the PROFILE of the USER /CUSTOMER/, a few consecutive unsuccessful deliveries due to the USER's /CUSTOMER's/ fault, misuse of the SERVICE, provided through the SITE, including breach of the Terms & Conditions.
- change the Terms & Conditions.
VI. USE OF THE SITE SERVICES BY THE USER /CUSTOMER/
6.1. To use the SITE SERVICES the USER /CUSTOMER/ has to log into their PROFILE using the chosen username and password.
6.2. The PROVIDER is not responsible for any misuse of the username and password of the USER /CUSTOMER/ by third parties.
6.3. The USER /CUSTOMER/ can place ORDERS through the platform of the SITE by putting the desired products and/or SERVICES in their shopping cart, following the steps indicated within the platform to complete and send their ORDER. No ORDER can be made by phone.
6.4. The images of the products may show multiple products /for example accessories/. In such a case the exact product that is being sold will be indicated within the description.
6.5. The ORDER gets registered when completed and the products are considered to be claimed and reserved at this exact moment and not when they have been put into the shopping cart.
6.6. On the date of completing an ORDER, the USER /CUSTOMER/ is obliged and responsible to provide correct, complete and accurate data to the PROVIDER, regarding this ORDER.
6.7. By completing the ORDER, the USER /CUSTOMER/ allows the PROVIDER to contact them by any means possible through the contact details provided, whenever necessary regarding the ORDER or their CONTRACT.
6.8. The PROVIDER has the right to process /cancel/ the ORDER placed by the USER /CUSTOMER/, for which they are to notify the USER /CUSTOMER/. The cancellation of the ORDER does not imply any responsibility or consecutive obligation of any of the parties towards the other in relation to the ORDER, and and accordingly none of them is entitled to seek redress from the other party for cancellation in the following cases:
- Making a cash transaction that does not result in funds being deposited on the PROVIDER's account when paying by bank transfer.
- The data provided by the USER /CUSTOMER/ through their registration is incomplete and/or incorrect.
6.9. In case any products bought by the USER /CUSTOMER/ within an ORDER are not available in stock, the PROVIDER will notify the USER /CUSTOMER/ about this fact as soon as they know about the non-availability of the products and will provide them with one of the following solution options:
- Cancel the ORDER or remove only the product that is not available in stock. With this option, in case that payment has already been made via bank transfer, the PROVIDER will arrange the refund of the amount already paid within a maximum of 14 days since the moment, when the USER /CUSTOMER/ has been notified about the cancellation /or removing of one or more products from their order/.
- Receive a voucher which can be used on the SITE.
6.10. An ORDER may be changed at the request of the USER /CUSTOMER/ in the following cases and only when a clearly stated written request has been sent to email sales@holidayathome.bg:
- The USER /CUSTOMER/ wants to reject a product and sends the request for that before the ORDER has been sent.
- Delay of the delivery with a maximum of 2 weeks after the final delivery date.
- Change of the delivery address.
- Change of the payment method from "Cash on Delivery" to "Bank Transfer".
- Change of the invoice details.
6.11. The changes mentioned in pt.10 can not be made in case the USER /CUSTOMER/ has chosen the payment method "Bank Transfer".
6.12. In case the USER /CUSTOMER/ has made a change of their personal data in their PROFILE, the previous delivery address will be used, for all ORDERS placed before the change.
6.13. The transfer of the ownership of the merchandise requested by the USER /CUSTOMER/ shall be made on receipt of the merchandise at the address specified in the delivery form and payment of the amount owed by the USER /CUSTOMER/ to the PROVIDER as per the ORDER made, including the delivery costs.
6.14. The CONTRACT for purchase is considered to have been completed as soon as the PROVIDER and the USER /CUSTOMER/ have fulfilled their engagements according to the Terms & Conditions.
VII. PRICE, METHOD OF PAYMENT AND DELIVERY TIME
7.1. The price announced is in BGN and including VAT.
7.2. The PROVIDER has the right to change the the price of the products and services offered. For an ORDER already placed, the price announced on the date of the ORDER is retained.
7.3. The USER /CUSTOMER/ pays the delivery charge, for whose value they have been notified upon completion of their ORDER, and has no right to claim any other value of the same. For ORDERS above 140 BGN the delivery is free of charge.
7.4. When "Cash on Delivery" has been chosen as a payment method, an additional fee is possible to be charged, which will also be announced to the USER /CUSTOMER/ upon completion of their ORDER.
7.5. For some products /heavy and/or voluminous/ an additional fee could be charged, which will be announced to the USER /CUSTOMER/ upon completion of their ORDER.
7.6. For all advance payments made where "Bank Transfer" has been chosen as a payment method, an invoice must be issued according to the Bulgarian legislation.
7.7. For all products requested by the USER /CUSTOMER/, that have been delivered and paid for, the PROVIDER issues an invoice. The USER /CUSTOMER/ may receive this invoice together with the delivery of their products or to their email address.
VIII. PAYMENT METHODS
8.1. The USER /CUSTOMER/ has the right to choose one of the announced payments methods - "Cash on Delivery" or "Bank Transfer".
8.2. For ORDERS worth over 400 BGN only payment via "Bank Transfer" is possible.
8.3. In case the USER /CUSTOMER/ has multiple unfinished ORDERS with a total amount of over 800 BGN, the only possible payment method is "Bank Transfer". The PROVIDER will send an email to the USER /CUSTOMER/ to request for the amount due to be paid via bank transfer and the ORDER will be processed and completed after the amount due has been paid.
8.4. In case the amount due has not been paid within 3 working days from sending the notification email, the PROVIDER has the right to cancel the ORDER/S placed.
IX. DELIVERY TIME
9.1. The time for delivery of an ORDER is expressly announced to the USER /CUSTOMER/ at the time of its completion and is within 5 to 55 working days, depending on the availability of the products, their transportation and other. Since when ordering multiple products within one ORDER all of them get shipped together, the delivery time of one products may be changed by the delivery time of another, which is longer, so the USER /CUSTOMER/ accepts, that by re questing more than one product within one ORDER, the delivery time changes to the farthest date.
9.2. If a product is to be delivered with the above mentioned final date being exceeded, the PROVIDER shall notify the USER /CUSTOMER/ via email as soon as they know about that, suggesting the following options: the USER /CUSTOMER/ may cancel /in written form/ the ORDER/product or accept the suggested new delivery date. In case the payment has already been made before the delivery, the amount paid will be refunded in full according to the legislation and in a period of 14 working days from the cancellation date.
X. RIGHT TO CANCEL THE DISTANCE SELLING CONTRACT
10.1. Under the current legislation and these Terms & Conditions, within 14 days, the USER /CUSTOMER/ has the right to cancel their distance selling CONTRACT unconditionally, without having to pay any costs, except the cost for delivery in case they have chosen a delivery option, different from the standard, cheapest one, which the PROVIDER uses to deliver ORDERS, as well as the cost for sending the merchandise back.
10.2. The 14-day period starts on the date:
- of concluding the CONTRACT – when SERVICES have been contracted.
- of receipt of the merchandise by the USER /CUSTOMER/ or by a third party, other than the carrier.
10.3. Within 14 days of the requested cancellation of the CONTRACT, the USER /CUSTOMER/ has to return the merchandise to the PROVIDER.
10.4. Within 14 days from the date, when they have been notified by the USER /CUSTOMER/ of their decision to cancel the CONTRACT, the PROVIDER has to refund all amounts, paid by the USER /CUSTOMER/, including the delivery costs. The refund is to be processed the same way, used by the USER /CUSTOMER/ in the initial transaction, except in the case when the USER /CUSTOMER/ has agreed to anther refund method. From the amount, which the USER /CUSTOMER/ has paid according to the CONTRACT, shall be deducted the amount for delivery of the merchandise, except when the USER /CUSTOMER/ has returned the merchandise on their own expense and has notified the PROVIDER about that.
10.5. Possible exceptions of the right of cancellation of the CONTRACT:
- for delivery of merchandise, which due to its nature may deteriorate or have a short shelf life.
- for delivery of sealed merchandise, which have been unsealed after delivery and can not be returned due to reasons regarding hygiene and health protection.
- for delivery of merchandise, which after being delivered and due to its nature has been mixed with other merchandise, from which it can no longer be separated.
- for products, being part of a set, which are being returned separately and not as a set. The boxes and the protective packaging are to be considered part of thew product.
10.6. The USER /CUSTOMER/ may return the merchandise bought and still has the right to receive a partial refund for the amount paid for the products, if they are in a condition, which will reduce their resale value /do not contain all components, do not have the original documentation and/or other reasons, which change the original product/.
XI. PRIVACY POLICY /PERSONAL DATA PROTECTION/
11.1. The PROVIDER "Holiday at Home" Ltd. is a company registered as a personal data Administrator in the "Personal Data Administrators Register and the registers kept by them" under identification number 288936.
11.2. The PROVIDER is a personal data Administrator established within the territory of the Republic of Bulgaria, who processes legally and in good faith personal data in relation to the purposes of its activity - retail of products and services, included in the content of the SITE, and does not process it in any other manner, incompatible with these purposes.
11.3. The USERS /CUSTOMERS/ whose personal data could be revealed are individuals to whom the data relate, or other individuals, if this has been provided through a regulatory document.
11.4. Personal data is processed by the PROVIDER only with the consent of the USER /CUSTOMER/ to whom the data relate. Providing their personal data through filling in the registration form and creating a PROFILE, the USER /CUSTOMER/ automatically gives their explicit consent for the data to be processed.
11.5. The access to the PROFILE of every USER /CUSTOMER/ is password protected. The USER /CUSTOMER/ bears full responsibility to keep their password secret and not to provide it to other individuals.
11.6. By providing their personal data the USER /CUSTOMER/ agrees for the same to be used by the PROVIDER for sending ADVERTISEMENT MESSAGES. The means of refusing this consent is described in details in the Terms & Conditions.
11.7. Every USER /CUSTOMER/ has the right to request in a written statement access to all data personal related to them, as well as the right to request from the PROVIDER, at all times, to delete, correct or block their personal data, whose processing does not comply with the requirements of the Law on Personal Data Protection.
11.8. For questions related to the protection of the personal data provided by the USER /CUSTOMER/, the latter may contact the PROVIDER using the contact details listed in the SITE.
11.9. For all outstanding issues, the current legislation applies.
XII. OTHER
12.1. The PROVIDER does not guarantee that:
- the SERVICE will be according to the personal requirements of the USER /CUSTOMER/.
- the SERVICE will be uninterrupted, secure or free of error of any kind.
12.2. Under the regulations of the Terms & Conditions, the operators, administrators and/or owners of the SITE are not responsible in any way for the relations or their consequences, arising from, but not limited to, the merchandise bought, special offers, promotions, encouragements or any other kind of relation/connection/transaction/cooperation/other, that may arise between the USER /CUSTOMER/ and anyone, who is engaged directly or indirectly with the SITE.
12.3. Any dispute of any kind that may arise between the USER /CUSTOMER/ and the PROVIDER, will be resolved by mutual consent. If this is not possible, then the dispute will be resolved by the competent authorities, according to the applicable legal provisions.
12.4. According to the requirements of European Parliament Regulation (EU) No 524/2013 and the Council of May 21 2013 on online consumer dispute resolution and the amending of Regulation (EU) No 2006/2004 and Directive 2009/22 / EC (Consumer Discretion Regulation) (OJ L 165/1 of 18 June 2013), called "Regulation (EU) No 524/2013", the PROVIDER offers the USER /CUSTOMER/ the possibility to choose the way to resolve any possible disputes out of court, using the European platform for online disputes resolution (SOL platform).
12.5. This document has been compiled and will be interpreted in accordance with the Bulgarian legislation.
12.6. The PROVIDER keeps their right to be able to make any changes to these regulations, any changes to the SITE/its structures/the SERVICE, as well as to any content, without prior notice to the USER /CUSTOMER/.
12.7. The changes made will be accessible and visible for the USER /CUSTOMER/ and they shall be periodically informed and familiarized with the Terms & Conditions of the SITE. Changes will not affect any ORDER that is already in process.
12.8. If any of the above listed clauses is found to be null or void, for whatever reason, this clause will not affect the validity of the remaining clauses.
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