General Terms and Conditions

Latest update: ……….. 2017

The following document contains the terms for ordering and buying Products from the Online Shop of Kazak BG EOOD, sole ownership limited liability company with registered seat and management address at 9, Charles Darwin Street, fl.2, ap.2, Iztok living quarters, Izgrev municipal region, Sofia 1113, registered in the Company Register with the Registry Agency under uniform ID code 203044609 (hereinafter referred to as “Kazak BG”, “the Company” or “We”).

Please, read these General Terms and Conditions (“GTC” carefully), before buying Products from the Online Shop of Kazak BG.

DEFINITIONS

Unless otherwise explicitly specified, the words and phrases, used in the GTC will have the following meaning:

“Products” – the items purchased by Clients through the Online Shop.

“Website” – the website www.wallsbeyond.com. The site is registered to the name of and is operated and maintained by Kazak BG.

“Client” – a user of the Website, who places Orders for Products. A client could be a natural person, having proper legal capacity and over the age of 18, as well as a legal entity.

“Online Shop” – certain page(s) on the Website, where the Clients may place their Orders for Products.

“Request” – a query, sent from a Client to the Company, where he/she specifies the desired characteristics of the Product (design, material, size, etc.) to be made by the Company.

“Order” – a request for buying a product, sent from a Client to the Company.

GENERAL INFORMATION FOR THE COMPANY

The Company is registered in the following public registers:
Company Register, maintained by the Registry Agency, under uniform ID code: 203044609;
Register of Personal Data Controllers, maintained by the Personal Data Protection Commission (“PDPC”), under ID number 430415.

The Company’s activity is supervised by:
the PDPC – in relation to compliance with the requirements of the Personal Data Protection Act and/or another applicable Bulgarian or international acts in the area of personal data. Protection. You may contact the PDPC at:
Address: Sofia 1592, 2, “Prof Cvetan Lazarov” Blvd.;
E-mail address: kzld@cpdp.bg;
Website: https://www.cpdp.bg/;
Telephone number: 02/9884218;
Fax: 02/9884218.

the Consumer Protection Commission (“CPC”) – in relation compliance with the Consumer Protection Act. You may contact the CPC at:
Address: Sofia 1000, 4A Slaveykov Blvd, fl. 3, 4 and 5.;
E-mail address: info@kzp.bg;
Website: http://www.kzp.bg/;
Telephone number: 02/9330565.

The Company’s business activities, connected with the Online Shop, are falling within the scope of the following bodies of alternative dispute resolution: General Conciliation Committees within the CPC. Relevant information is available at: http://www.kzp.bg/koi-sa-vidovete-pomiritelni-komisii.

The Company is registered pursuant to the VAT Act under № BG203044609

The Company’s contact details are as follows:
Telephone number:0888552630;
E-mail address: tania@kazak.bg;
Website: wallsbeyond.com.

CHARACTEROSTICS OF THE PRODUCTS

Through the Online shop, the Clients have the opportunity to order and purchase Products, upon strict observance of these GTC.

The Client shall at his/her own account procure any resources (computer equipment, connection to the internet, software, etc.), that are necessary for the Client to access the Online Shop, to review and choose Products and to place an Order.

The Products represent wide-format wallpapers, made according to the Client’s order by printing the design chosen by the Client from the catalogue, available on the Website, and as per the individual requirements of the Client regarding size, color shade and material. The design, chosen by the Client, may be printed on one the following materials: ……… .

At the Company’s discretion, the Website may offer Products, which are finalized in size, design, color and material and are ready for a direct order.

The Company does not fulfil orders for making of Products on the grounds of a design, sent by the Client.

The Client should have in mind that the colors of the pictures in the catalogue with designs of wallpapers could be different from the actual Products, depending on the device used for their review and the settings of this device.

TECHNICAL STEPS FOR EXECUTION THE CONTRACT

To order and purchase a certain product, the Client shall register on the Website, following the procedure, set forth in the Website Terms of Use, and shall perform the steps herein below.

After finalizing the registration procedure, the Client shall:
choose a wallpaper design from the catalogue, available on the Website, and its color shades (if there are such) ;
choose a material on which the chosen wallpaper will be printed;
fill in the other information, necessary for making the desired Product (size of the wallpaper, etc.);
fill in his/her data (name and surname for a natural person and corporate data for a legal entity, delivery address, telephone number);
before finalizing the Request, the Client shall be free to change the submitted information in the respective fields, using the technical means for finding and fixing of errors available on the Website interface, by clicking the button “Change Data” and by filling in the new, up-to-date information.

The Client shall send his/her Request by clicking the button “Send a Request”. This button will be activated only after the Client:
validly declares that he/she is aware of the GTC, consents to their content and unconditionally undertakes to abide by them by ticking a checkbox next to an active link which redirects to the GTC, where this link should be clicked before ticking the checkbox is possible. After clicking on the link under the previous sentence, the Client will be forwarded to a page that would allow him/her to download and save them on his/her device, as well as to access and print them in the way they have been accepted by the Client;
validly declares that he/she is aware of the Privacy Policy and agrees that his/her personal data are processed according to this Policy by ticking the checkbox next to an active link, re-directing to the Policy. The link should be clicked before ticking the checkbox is possible.

In 48 hours (forty-eight) as of receipt of the Request, the Company shall send a link to the
e-mail address specified by the Client, where this link shall forward the Client to the final visualization of the Product with the characteristic, specified in the Request (design, color shade, sizes, material).

The link specified above would also provide additional information on the delivery options, along with the relevant price, as well as the payment methods, which may be selected by the Client.

After reviewing the final visualization of the Product, choosing the delivery option and the payment method, the Client may place an Order. To that end, by clicking on the button with the word “Payment” or another unambiguous wording, the Client confirms that he/ she is notified that the performance of the Order requires payment on his/her part. Next to this button information about the basic characteristics of the Products chosen by the Client and its final price, including taxes, charges and expenses for delivery, when they are on his/her own account, will be visualized. Before clicking on the button, the Client will be able to change the delivery details, specified in the Request.

The Client may choose and purchase ready-made Products if such are available on the website. For this purpose, after choosing a Product, the Client shall click on the button “Purchase”. After that, the Client shall:
shall register on the Website, following the procedure, set forth in the Website Terms of Use,
fill in the information as set forth in Art. 4(2)(iv) above;
declare that he/ she is aware of the GTC and the Privacy Policy in the manner, described in Art. 4(3)(i) and (ii) above;
place an Order for the Product as described in Art. 4(6) above, second and third sentence.

After sending his/her Order, the Client will be forwarded to a page where he/she may choose the desired delivery option and payment method for the Product.

The Company may decline to perform an Order if the Company is not capable of making a Product with the sizes specified by the Client (e.g. if it turns out that the size is too small or too big), where, in this case, the Company will duly notify the Client.

Electronic statements, made within the process of concluding the contract for purchasing of Products, are considered to be made by the persons, specified in the data provided by the Client as per Art. 4(2)(iv) above

The Request and the Order are not binding on the Company. The contract between the Company and the Client is considered concluded when price due by the Client for the ordered Products, as well as the price for the delivery, when it is borne by the Client, is received at the Company’s bank account. The Company’s obligation to deliver the Products within the term under Art. 7(2) below arises only as at the moment specified at the end of the previous sentence.

The Company shall confirm the concluded contract by sending an electronic message to the e-mail address, specified in the Order. The confirmation contains information about the characteristics of the ordered Products, their final price, the payment made by the Client and other details of the Order, if applicable.

The Client has the opportunity to save and/or print/ copy the contract with the Company and the confirmation for its conclusion either in hard copy or on an electronic carrier.

The Contract between the Company and the Client could be concluded in Bulgarian or in English.

RIGHTS AND OBLIGATIONS UNDER THE CONTRACT

As per the Contract between the Company and the Client, concluded according to Art. 4 above:
The Company undertakes:
if applicable, to make a Product that meets the requirements of the Client, laid down in his/her Request;
to transfer to the Client the ownership over the Products ordered by the Client and made by the Company
to deliver the ordered Products to the Client under the conditions set forth in this document;
The Company shall be entitled to:
refuse to perform a certain Order if it finds that the Client:
has provided incorrect, incomplete or untrue information in the Request and/or in the Order;
has infringed these GTC and/ or the Website Terms of Use;
The Client undertakes to:
ensure that the Products may be received at the specified indicated address for delivery;
The Client shall be entitled to:
receive the ordered Products;
receive information on the status of his/her Order and on the ordered Products.

The Client shall not be entitled to reproduce in any manner whatsoever the designs of the received Products or to infringe the Company’s copyright in these designs in any other possible manner.

PRICE AND PAYMENT METHOD

The price of every product is determined by its design, material and size.

The Online Shop may offer the following options for paying the Products, chosen by the Client:
Paypal;
By debit card/credit card by virtual POS terminal, where in this case, upon placement of an Order, the Client is required to fill in all of the required data – information about the card (number, expiring date, security code, name of the cardholder, authentication data), and other information, if applicable. The Company does not collect card data and does not have access to it. Card data is accessed only by the servicing bank of Kazak BG.

DELIVERY

The Products, ordered through the Online Shop, shall be delivered by a courier to the address, specified by the Client in his/her Request/Order.

The delivery shall be made in ….…. working days, starting from the first working day, following the day of receipt at the Company’s bank account of the price due by the Client for the Products. The period under the previous sentence could be extended by the Company with ….…. working days in case of delay in the transportation caused by the respective courier, in cases where certain Product’s specifics require longer time for producing or due to other specifics of the Order.

Deliveries shall not be made during weekends and holidays.

In case no person to receive the Products could be found at the address specified by the Client, the couriers will make two more attempts for delivery. When the third attempt is unsuccessful, the Company shall be released from its obligation to deliver the Product and the price paid by the Client under the respective Order, shall not be reimbursable due to the Client’s breach of his/her obligation to procure the necessary conditions for receipt of the Product at the delivery address specified by him/her.

The courier has the right to hand over the Products to the person whose data is specified in the Order or to a third party who accepts and confirms their receipt on behalf of the Client and signs accompanying documents.

At the time of delivery, the Client has to examine the Product and immediately inform the courier if any defect, caused by the transportation, is found. Otherwise the Product shall be considered approved, save for hidden defects.

WITHDRAWAL FROM THE CONTRACT

Clients who are consumers within the meaning of the Consumer Protection Act and have purchased ready-made Products, shall be entitled to withdraw from the contract, without giving any reason, without incurring any compensation or penalty and without incurring any costs other than the direct costs for return of the Products, within 14 days as of the date of their receipt. In order to exercise this right, the Client shall inform the Company of his/her decision prior to the expiry of the term under the previous sentence by sending unequivocal statement to the Company, using the contact details under Art. 2(6) above. In this case the client may, but has no obligation to use the model withdrawal form, which is available on the following link: …………………

In case of withdrawal according to (1) above, the Company shall reimburse all payments received from the Client, including the costs of delivery without undue delay and in any event not later than 14 days from the day on which it is informed of the consumer’s decision to withdraw from the contract. The Company shall carry out the reimbursement of the received payments using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement. The Company shall not be required to reimburse the supplementary costs, if the Client has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Company. Unless the Company has offered to collect the goods itself, it may withhold the reimbursement until it has received the goods back, or until the Client has supplied evidence of having sent back the goods, whichever is the earliest.

In case of withdrawal according to (1) above, unless the Company has offered to collect the goods itself, the Client shall send back the goods or hand them over to the Company or to a person authorized by the Company to receive the goods, without undue delay and in any event not later than 14 days from the day on which he/she has communicated his decision to withdraw from the contract to the Company. In case of withdrawal the Client shall only bear the direct cost of returning the Products.

The Client may exercise the right of withdrawal specified above only in respect of goods which do not have any damages/ defects, caused by the Client.

According to Article 57, para 3 of the Consumer Protection Act, Clients shall not be entitled to withdraw from a contract for purchase of Products which are made to the their specifications or are clearly personalized and shall not be entitled to return the purchased Products in the manner specified above (i.e. without giving any reason, incurring without compensation or penalty and without incurring any costs). The above provisions apply only and exclusively upon purchase of ready-made Products.

LIABILITY

The Company shall not be liable if it fails to process a certain Request and/or an Order and/or to send a confirmation on the concluded contract and/ or to make the delivery of ordered Product due to:
submission of incorrect, incomplete or untruthful information by the Client upon sending of his/her Request/Order;
disruption of the normal operation of the Website and/or the Online Shop due to technical problems;
failure by the Client to procure receipt of the Products at the address specified by the Client;
unforeseeable circumstances or force major.

The Company shall not be liable if the delivery of a Product is made in pursuance of a contract concluded as a result of submission of information, loss or change of data, which led to impersonation and execution of a contract by a third party, pretending to be the Client, if, based on the circumstances, it could be concluded that this party was the Client, including, if applicable, when the Order is made through the profile of the Client which has registered on the Website.

The Company shall not be liable:
if the color of the Products delivered are different from the colors of the pictures in the catalogue with wallpaper designs, when these differences derive from the characteristics and settings of the device, used by the Client to review the pictures;
unsuccessful installation/assembly/gluing of the wallpapers.

GUARANTEES UNDER THE CONSUMER PROTECTION ACT

According to articles 112-115 of the Consumer Protection Act, a Client who has purchased Products as a consumer within the meaning of this act (i.e. as a natural person who does not purchase the Products in order to perform commercial and professional activity and who, upon execution of the contract, is acting for purposes which are not related to his/her trade, business or profession) shall be entitled, in case of lack of conformity of the Products with the contract:
within the statutory term of two years as from the delivery of the Products, to file a complaint, requesting the Company to bring the Product into conformity with the contract free of charge by repair or its replacement with a new Product (unless this is impossible or the remedy chosen by the Client is disproportionate in comparison with the other remedy) within a month as of the date of filing of the complaint. If the Company does not agree to a replacement of the Product by a new one or to repair the Product within the term under the previous sentence , as well as in case the Client is not satisfied with the settlement of the complaint, s/he shall be entitled at his/her discretion to either rescind the contract and receive reimbursement of the price paid (unless the lack of conformity is minor) or to ask for reduction of the price;
to rescind the contract and to receive reimbursement of the price paid, when, after having three complaints settled by repair of one and the same Product, a subsequent lack of conformity of the Product with the contract comes up within the two-year statutory term (unless the lack of conformity with the contract is minor).

The Client may also ask for compensation of the damages suffered as a result of the lack of conformity.

For avoidance of doubt, the above provisions are not applicable when the Client is a legal person or a natural person who has purchased Products in order to perform commercial or professional activity or who, upon execution of the contract with the Company is acting for purposes which are related to his/her trade, business or profession. In these cases, the common provisions of civil and commercial legislation are applicable.

AMENDMENTS AND ACCESS TO THE TERMS

These terms are available here: ………………

The Company reserves its right to amend and/or supplement the current GTC at any time, where the date of the latest update will be specified at the beginning of the document. The changes enter in force immediately after their publishing on the Website, unless otherwise provided in the updated version of the GTC. The Client has to verify the present GTC before pacing each particular Order and get himself/herself acquainted with their up-to-date version.

Orders which are finalized by the Client shall be governed by that version of the GTC which was I force as at the moment of finalization of the respective Order.

FINAL PROVISIONS

Before you purchase a Product from the Online Shop, please read the Website Terms of Use, available here: ………………, as well as our Privacy Policy, available here: ……………….

In the relations between the Company and the Client, sending of e-mails, completion of a field and/or clicking on a virtual button on the Website with content, which is filled in or chosen by the Client, etc., shall be considered written statements, as far as the statement is saved in a way that allows its reproduction.

The Company shall be entitled to make promotional offers to the Client, depending on the ordered quantities of the chosen Products.

In the event that any provision of these GTC is held to be invalid or unenforceable, the remainder of these GTC shall remain valid and enforceable.

In case of a discrepancy between these GTC and a separate agreement between the Client and the Company, the separate agreement shall apply.

Any issues which are not settled in these GTC shall be governed by the effective legislation of the Republic of Bulgaria. Without prejudice to the foregoing, if a Client purchases Products as a consumer, in accordance with Article 6, para 2, 2^nd sentence of
Regulation № 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), s/he shall also enjoy the protection of the mandatory provisions of the law of the country in which s/he is resident. Nothing in these GTC affects the Client’s rights as a consumer to rely on such mandatory provisions.

Any disputes related to or arising from these GTC shall be referred to the competent Bulgarian court.

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General Terms and ConditionsGeneral Terms and Conditions