Terms & Conditions
of the website www.desirfurn.com
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: +39 351 044621, email: firstname.lastname@example.org or by using the electronic contact form, by stating their name and email address.
• 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 legal entity that has made its registration on the Website as described below in order to purchase products through the Website.
• "User" - any individual 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.
• “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. 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. 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 legal entity 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 business entity wishing to buy products through the Website and to access 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. Access to the buyer account is available only to an individual authorized by the legal entity of the buyer. 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 and to enter his personal information required for the creation of the account.
(6) Buyers shall not assign or provide their access to the contents of Desirfurn's Website to third parties without the explicit written consent of Desirfurn. If the buyer wants a third party to use the same buyer account, he must send a written request to Desirfurn at email@example.com.
Art. 18 (1) Upon sending the application for registration by the buyer, Desirfurn, through its employees, makes a detailed check of the 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.
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 only for business clients. 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.
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 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 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);
• Through PayPal.
VI. RIGHTS AND OBLIGATIONS OF THE PARTIES
Art. 25 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. 26 The Buyer shall:
• provide correct information required for registration of the Website;
• take the products on an ex-works basis at their own expense;
Art. 27 (1) In case of loss or damage of the products, established before the moment of delivery, Desirfurn shall assist the buyer for its repair or replacement or, if this is not possible, assist the buyer for the return of the whole price paid for it.
(2) 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.
(2) Buyers have the right to terminate and delete their own buyer account by following Desirfurn’s instructions.
Art. 29 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, colours 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 regards 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.
(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 (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. 35 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 defence of Desirfurn against third parties.
VIII. FINAL PROVISIONS
Art. 39 (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.
Art. 41 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.