Terms & Conditions
GENERAL TERMS OF USE of the website www.desirfurn.com
These General Terms of Use regulate the terms and conditions for purchases and use of the Website www.desirfurn.com (hereinafter referred to as the "Website"). The General Terms of Use, in their integrity, are valid and binding to all buyers as well as to all users of the Website, whereas the terms and conditions referring to purchase of products are intended only for buyers - legal entities. In the event of disagreement with any of the conditions set out below, the buyer / user shall discontinue to use the Website.
I. GENERAL PROVISIONS AND DEFINITIONS
Art. 1 The Website is property of Desirfurn Ltd, registered under the law of the Republic of Bulgaria under company number: 205436142, with seat and registered office: 10 Apostol Karamitev Str., fl. 5, Office 13, Burgas, 8000, Bulgaria (hereinafter referred to as "the Owner", “the Company” or simply Desirfurn), represented by Alla Alexandrovna Frolova.
Art. 2 Buyers / users can contact Desirfurn Ltd by using the contact details provided on the Website: tel: +39 3271211108, email: info@desirfurn.com or by using the electronic contact form, by stating their name and email address.
Art. 3 For the purposes of these General Terms of Use, the definitions listed below shall be used with the following meaning:
• Desirfurn Ltd. - a legal entity, owner of the Website, offering products for sale, as well as any person acting on its behalf and for its account.
• "Buyer" - any individual or legal entity registered on the Website as described below in order to purchase products through the Website.
• "User" – anybody who views the contents of the Website.
• "Products" - all items and / or furniture available on the Website.
• "Supplier" - any legal entity that produces finished products or substantially alters or modifies a product with the purpose of its launching on the market.
• "Ex-works" – agreed delivery term (factory, premises of supplier, supplier's warehouse) in which the supplier makes the products available for loading on the agreed delivery date.
• "Buyer Account" – information about the buyer (names and identification code of the legal entity)provided by the latter on filling in the registration form, whereas the provided information is stored by the Website for the purposes specified in these General Terms of Use.
• “Contents” - includes the entire contents of the Website, including video and audio content, texts, text messages, comments and information, images, software graphic design, logos, trademarks and various features provided as services on the Website.
• "Product Content" - includes the contents of the product catalogues offered by the suppliers through the Website.
Art. 4 The Website is intended for active use by buyers – individuals and legal entities.
II. COPYRIGHT
Art. 5 The contents, graphics, design and overall layout of the Website are copyright of the Website owner. Clients / users may not modify, copy or reproduce them in any way without the explicit written permission given by the Owner.
Art. 6 Clients / users can use the features and contents of the Website free of charge, incl. can share links to the Website without altering them in any way, provided that the proper functioning of the Website is not impeded and the legitimate interests of the copyright holder are not impaired.
Art. 7 Clients/ users shall not violate the standard rules of communication and shall not conduct malicious activities such as virus spread and other activities which violate or damage the rights or interests of third parties.
Art. 8 The catalogues, provided by suppliers to Desirfurn and available to buyers upon their registration, are exclusive copyright of the respective supplier. Buyers have the right to use the catalogues offered by the suppliers through Desirfurn’s Website. In this regard, buyers may download catalogues, thus obtaining full, non-exclusive and non-licensable rights to their contents solely for the purpose of purchasing products through Desirfurn’s Website. Any usage, copying, reproduction, modification, distribution, downloading of the contents of the catalogues, as well as other activities for any purpose other than the one stated in these General Terms of Use is prohibited and can be authorized only by written permission of the copyright holder of the respective catalogue.
III. TERMS OF USE
Art. 9 Buyers are free to browse the contents of the Website, the contents of these General Terms of Use, incl. methods of ordering, delivery and payment. Buyers can access the product catalogues available on the Website, along with the specifications and description of the products, only after they have made their own registration.
Art. 10 When ordering through the Website, buyers are deemed to have been aware of these General Terms of Use, accept them and undertake to abide by them.
Art. 11 By using the services or registering on Desirfurn’s Website, buyers ensure that the individuals accessing the Website on behalf of the buyers have the quality of an employee, consultant, agent or representative of the buyer.
Art. 12 (1) By using the services of the Website, buyers and users shall not use hate speech, discriminatory, offensive, defamatory behavior in their communication to Desirfurn and / or its employees.
(2) Buyers shall not use false identity or use the identity of another individual or legal entity, shall not use third person’s data or provide information, documents and confidential financial information referring to third parties.
Art. 13 Buyers shall not send any promotional material, brochures or email marketing to Desirfurn. In the event that Desirfurn establishes such a breach, the latter is entitled, without prior notice and at its own discretion, to either temporarily restrict Buyer’s account or to suspend it completely.
Art. 14 Buyers and users shall not intentionally use unauthorized systems, algorithms, software allowing them to gain unauthorized access to the contents of the Website or through which they intentionally disrupt the normal functioning of the Desirfurn's system.
Art. 15 Desirfurn shall have the right of administrator access to buyer accounts, which includes the right to read, collect and process any information which may pertain to its business activities, the safeguarding of its legitimate interests, the prevention of financial fraud, etc. Desirfurn may disclose this information to authorities in the event that it is necessary for the protection, investigation and prevention of violations of these terms and conditions or of the applicable legislation.
IV. REGISTRATION AND CREATIONS OF A BUYER ACCOUNT
Art. 16 Any individual or legal entity wishing to buy products through the Website and to get the access to pricing, delivery and payment information, as well as to be able to place valid orders, must register for a Buyer Account on Desirfurn's Website.
Art. 17 (1) Buyers can create their account on the Website by providing the required information in the "Registration" section, visible on the top right corner of the Website. For this purpose, they shall provide the following data and information: name, surname, telephone number and job position of the individual who creates the buyer account and who will use it, business name and identification code of the legal entity of the buyer, VAT number, head office and management address and bank information.
(2) On submitting an application for registration and after the creation of the Buyer account, the buyer and / or the individual, representing the buyer and using the account, shall ensure that: (a) he is authorized to conclude valid contracts; (b) he is at least 18 years old; c) the information he provides in the registration form is true, complete and accurate; and d) in case of change of the provided data, he will notify the Website owner in order to update data in a timely manner. In the event that the buyer provides incorrect and / or outdated information, the Website has the right to suspend the maintenance of the registration profile and to restrict the access to the buyer account immediately and without notice.
(3) The Buyer shall specify the password for remote access and shall bear full responsibility for its protection, as well as for all actions performed by using this password. The created buyer account is strictly custom and cannot be accessed by third parties.
(4) The Buyer shall immediately notify Desirfurn if he considers that his remote access password is or might be used by any unauthorized third party – an individual or an organization. The buyer shall immediately notify Desirfurn of any other breach of security, even in case of a suspected one.
(5) In case the individual who has authorized access to the buyer account has to be replaced by another, regardless of the reason, the legal entity of the buyer shall notify Desirfurn about this. The newly appointed person who will place orders and manage the buyer account is required to change the access password by sending the request to: info@desirfurn.com in order proceed with entering his personal information required for the creation of the account.
Art. 18 (1) Upon sending the application for registration by the buyer, Desirfurn, through its employees, makes a detailed check of the individual or a legal entity of the buyer and its business activities, whereas additional information, such as accounts on various social networks, may be requested. Desirfurn may, at its own discretion, confirm or refuse the registration depending on the results of the check.
(2) The Buyer Account may be used solely for the purposes of these General Terms, namely: viewing of the electronic catalogues offered on the Website, sending requests, placing orders, sending requests for discounts to the supplier. If Desirfurn ascertains that a buyer account is or may be used for purposes other than those specified in these General Terms of Use, Desirfurn shall have the right to suspend this account immediately without prior notice.
Art. 19 (1) Upon confirmation of the registration, the buyer will have access to the additional features of the Website, as well as to all catalogues of suppliers with which Desirfurn has contracts. All catalogues specify product prices excluding VAT.
(2) Registered Buyers receive the products offered on the Website on favorable terms, valid for both individuals and business clients, for the minimum purchase of €3.000. Additional price reductions are also possible at the discretion of the supplier or the Website owner.
Art. 20 (1) As part of Desirfurn's check upon a registration request, sent by a buyer, the latter may be asked to link their third party accounts such as Facebook, Pinterest, Tumblr and Twitter with the website. In this way, the Buyer allows Desirfurn to access and aggregate certain information from their profiles on such third - party platforms.
(2) Buyers ultimately control how much information is accessible by Desirfurn from these third - party accounts via their privacy settings on these platforms. By accepting these General Terms of Use Buyers are aware that in the event of failure to link their third - party accounts, Desirfurn may be prevented from providing all the services offered by the Website. When Buyers use the Website services, they authorize Desirfurn to collect, store and use, in accordance with its Privacy Policy, any personal information provided for use in third - party accounts.
Art. 21 (1) Buyers may choose products from any catalogue available on Desirfurn's Website. After selecting a product, the buyer can choose the materials from which the product will be made, the parameters / dimensions of the product, the quantity required. After selecting all possible details about the products, the buyer sends a purchase request to Desirfurn along with the price.
(2) Any order placed through the Website shall be submitted directly to the respective supplier for preparation and execution. The buyer concludes a contract with the supplier through Desirfurn. The supplier is responsible for providing all the information relating to the purchase contract, including the contractual legal requirements, shipping information, return policy and cancellation rules, as well as the conditions under which personal data are used. This personal data may be used solely for the purposes of the fulfillment of the concluded contract.
(3) Desirfurn Ltd. is not a party to the contract described in the previous subparagraph and therefore it does not bear any responsibility for the occurrence of damages and / or losses for the buyer, arising from buyer’s contractual relations with any supplier offering products through the Website. Buyers cannot claim their damages and losses to Desirfurn, but can use Desirfurn as a point of contact with the respective supplier.
Art. 22 (1) Buyers may place orders only through the Website. Orders made by any other means, incl. phone, email or social apps are not considered valid and will not be processed. After receiving a purchase request from a buyer, Desirfurn sends it to the respective supplier for confirmation of availability, specifications and prices. Upon receipt of this information from the supplier, Desirfurn confirms to the buyer the final details of the order and quotes final prices of the products. Prices do not include any additional costs; all prices are VAT exclusive and delivery is Ex-works.
(2) Depending on the volume of the order (the quantity of products ordered), the buyer receives a discount from the final price of the products.
(3) Upon buyer’s agreement to all terms and prices, in cases where the products will be custom-made to special order for the particular buyer, Desirfurn issues an invoice for advance payment of 100% of the value of the order. In cases where the products are not custom-made and are available in batch production, but the ordered products have not been produced yet, the buyer may initially pay 50% of the invoice and the remaining 50% - upon confirmation by the supplier that the products have been manufactured and ready for delivery.
(4) After making payment under the preceding paragraph (either a 50 % prepayment or payment of the whole amount), buyer may not cancel the order. Orders made through the Website are obligatory for the buyers. Buyers shall pay the ordered products within a reasonable period of time. Only after payment of the full price, the supplier proceeds with preparation of the ordered products.
Art. 23 (1) After the confirmation of the goods availability Desirfurn issues a balance invoice to the Buyer. Upon the payment of the invoice the Buyer could proceed with the delivery of the goods.
(2) The delivery of products shall be made on an ex-works basis and shall be borne by the buyer. Buyer is responsible for customs clearance, if required. The supplier is only responsible for the production and packaging of the product. The buyer is obliged to take the finished products from the supplier's warehouse on its own account only after the supplier has confirmed that the products are ready for dispatch.
V. PAYMENT METHODS
Art. 24 The selling price paid by the Buyer consists of the purchase price for the goods ordered, net of indirect taxes, fees and other additional costs (like VAT, transportation charges, delivery costs ect.)
Art. 25 The buyer pays the price to Desirfurn in any of the following ways:
• By bank transfer, by transferring the said amount into the bank account of Desirfurn;
• By Credit or debit card (MasterCard, Visa);
• By using PayPal or the payment system Fondy
VI. RIGHTS AND OBLIGATIONS OF THE PARTIES
Art. 26 Desirfurn shall:
• confirm the availability of the products ordered by the buyer within 24 hours from receipt of the purchase request, except in the case of circumstances beyond Desirfurn’s control and which could not have been foreseen by Desirfurn;
Art. 27 The Buyer shall:
• provide correct information required for registration of the Website;
• pay the price of the products as described in these General Terms of Use and in the supplementary agreements thereto;
• take the products on an ex-works basis at their own expense;
Art. 28 From the moment the buyer receives the products from the supplier's factory, all risks of loss or damage and responsibilities for the safety of the products pass to the buyer.
Art. 29 (1) Desirfurn shall have the right, at any time and at its own discretion, and in case of an existence of a valid reason or in case of serious breach of these General Terms of Use, to suspend the access to the buyer account with or without notice. This measure is effective immediately, which may result in loss of all the information related to this account.
(2) Buyers have the right to terminate and delete their own buyer account by following Desirfurn’s instructions.
(3) By accepting these General Terms of Use, the buyer agrees that in the event of termination / deletion of the buyer's account, all amounts paid up to that time shall not be refundable.
VII. RESPONSIBILITIES
Art. 30 Desirfurn publishes the catalogues of all its contractual suppliers in electronic format, containing information, image and price for each individual product model. The variety of modifications, colors and other specifications of a product are indicated in the catalogues against the supplier's identification code. It is the responsibility of the supplier to provide complete and accurate information about the products it offers, including specifications, photos, prices and quality certificates. Desirfurn shall not be held responsible in case actual products vary from the catalogue images. Buyers agree that any non-conformity of the products is at their risk and any claims in this regard cannot be submitted to Desirfurn but shall be to the supplier of the products. Desirfurn Ltd. has no financial responsibility and can only accept buyer's claims and then submit them to the respective supplier.
Art. 31 (1) In the event of circumstances beyond Desirfurn’s control, which the Website owner cannot foresee - including, but not limited to: cases of force majeure, accidental events, problems on the global Internet and in the provision of services beyond the control of the Website owner, Desirfurn shall not be liable for failure to fulfill its obligations under these General Terms of Use.
(2) Desirfurn cannot engage and does not guarantee that the Website will be fully functional and accessible at any time, from anywhere in the world. Desirfurn does not guarantee the ownership of the products published on the Website, their suitability and designation. Desirfurn cannot guarantee that the Website is free of viruses and other malicious components, and that the offered services will meet the requirements of the Buyers.
(3) Buyers use the services of the Website entirely at their own risk.
Art. 32 By accepting these General Terms of Use, Buyers agree that Desirfurn does not bear any liability in the event that Buyers encounter difficulties or cannot use the services of the Website for any reason, even if Desirfurn has been informed of these problems.
Art. 33 (1) Desirfurn shall not be held responsible in case changes in the Website including: graphics, images, contents, deletion of sections, temporarily or permanent suspension of some Website features, result in changes, loss or damage to Buyer account.
(2) Desirfurn shall not be liable for any damages caused to the buyer or to third parties as a result of force majeure or due to circumstances which are beyond the control of the website owner.
(3) The Buyer shall not be liable for any damages and / or non-performance of the contractual obligations, as a result of force majeure or due to circumstances which are beyond the control of the buyer.
Art. 34 (1) For the term of validity of the present General Terms of Use, the total liability of the buyers to Desirfurn in respect to all possible losses and damages, arising from or in connection with these General Terms of Use, including arising from a tort or breach of a legal obligation, may in no case exceed the amount of the total price of the products ordered through the Website.
(2) The liability of Desirfurn towards the buyers in respect of all losses or damages arising from or in connection with these General Terms of Use, including arising from a tort or breach of a legal obligation, shall in no case exceed the total amount of all commission fees paid to Desirfurn by the respective supplier for the purchases relating to Buyer's claim.
Art. 35 The Buyer is fully responsible for compliance with these General Terms of Use and all applicable legislation. In case of in conformity and / or contradiction with the internal law of the Buyer's state, the Buyer is obliged to immediately cease using the Website.
Art. 36 Buyers shall provide protection and assistance to Desirfurn and its partners in the event of any claims by third parties for breaches resulting from actions or omissions of buyers in connection with using the Website's services. In case of such an infringement, buyers shall owe to Desirfurn compensation in the amount of the material and non-material damage, state fees, attorneys' fees and any additional costs related to the legal defense of Desirfurn against third parties.
Art. 37 The liability of Desirfurn in respect of all losses or damages arising from or in connection with these General Terms of Use, including arising from a tort or breach of a legal obligation, shall in no case exceed the total amount of all commission fees paid by Desirfurn until this moment.
VIII. FINAL PROVISIONS
Art. 38 These General Terms of Use are in force from August 2019. Desirfurn reserves the right to change these General Terms, the contents or services offered on the Website, at any time by publishing the changes on www.desirfurn.com in a timely manner. Changes shall be effective immediately upon their publication and become automatically binding to all Buyers / Users of the Website. The latter can get informed of the applicable General Terms of Use by checking on the Website. Desirfurn has the right to impose restrictions on the use of certain features and/ or service of the Websites, as well as to restrict, at its own discretion, the access of a Buyer / User to all or part of the services on the Website without prior notice.
Art. 39 Changes in the General Terms of Use do not affect relationships between buyers and Desirfurn, arising from a valid purchase order submitted before the changes.
Art. 40 In case of contradiction of these General Terms of Use with mandatory regulations of the effective legislation of the Republic of Bulgaria, the current Bulgarian legislation shall be applied.
Art. 41 (1) Desirfurn provides full service to the Buyers through the Website by acting as a point of contact with the suppliers. Buyers can submit their inquiries, orders, requests for return of products or cancellation of orders to Desirfurn.
(2) In the event of a dispute between Buyers / Users and Desirfurn within the meaning of these General Terms of Use, there shall apply the version of the General Terms which have been in force at the time of the dispute, regardless whether they have been subsequently modified or not in any way. Desirfurn assists in resolving disputes between Buyer and Supplier.
Art. 42 Nullity of any clause in these General Terms of Use does not lead to the nullity of another clause or the General Terms as a whole.
Art. 43 Communication with Buyers / Users can be through any of the methods, listed below, namely: email messages, letter, by using the electronic contact form, by telephone call, via social applications such as Facebook, Messenger, Viber, etc.
Art. 44 All disputes arising from these General Terms of Use or relating to supplementary contracts or agreements between buyers and Desirfurn, including disputes arising out of or relating to interpretation, invalidity, default or termination, shall be settled by mutual agreement.
Art. 45 For all matters not regulated by these General Terms of Use, there shall apply the provisions of the effective legislation of the Republic of Bulgaria and Bulgarian court authorities shall be competent.