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
351 044621, 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 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.
• "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 has been developed as
a“B2B” model and is intended for active use only by buyers - legal entities.
Individuals are free to view only the contents of the general information pages
of the Website, but do not have access to its full version and features such as
catalogues of the available products their prices, placing of orders, etc. For
this purpose, registration is required, which is available only for business
entities as described in details in the "Registration" section of
these General Terms of Use.
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 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 info@desirfurn.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.
(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 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.
(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 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;
• 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. 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.
Art. 28 (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. 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.
Art. 30 (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. 31 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. 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. 33 (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 to 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. 34 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. 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. 36 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. 37 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. 38 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. 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.
(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. 40 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. 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.
Art. 42 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. 43 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.