1. GENERAL TERMS AND CONDITIONS
www.floradesign-bg.com is a website with a specialized focus in the field of landscape architecture, garden items and accessories. It contains information about the activity of the company Flora Design Ltd. and also provides the customer with the opportunity to purchase the goods offered in the e-shop at www.floradesign-bg.com: deciduous and coniferous trees and bushes, seasonal flowers, perennial flowers, garden tools, garden figures, planters, flower pots and other consumables for flowers and gardens, by placing an order and paying the respective selling price in strict compliance on part of the Customer with the present General Terms and Conditions.

The goods are classified in separate product categories by common and similar features. The online shop contains general and full information, photos of the product in question, the price to be paid by the website customers for the product concerned. All prices referred to in this site are final and VAT inclusive. The prices indicated for the individual goods are for a single quantity and do not include the costs of delivery. The product shall be delivered in an appropriate packaging by Econt courier company and is to be paid on delivery. The price of delivery shall be determined by the size and weight of the goods and is to be paid in addition to the price of the goods.
The photos in our online shop reflect as closely as possible the current state of the offered goods. Please note that part of the offered plants are ornamental plants that change dynamically depending on the season, and the photo of them published in the online shop may differ from the dispatched plants.

The weight depends on the container in which they are planted and the degree of watering at the time of dispatching.

2. SUBJECT MATTER

This document presents the general conditions or the terms of use of www.floradesign-bg.com. The general conditions govern the rules for use, including the conclusion of a contract for the purchase and sale with this electronic shop. By placing an order from the website www.floradesign-bg.com, customers declare that they have read the present General Terms and Conditions and accept them as binding in their relations with the Seller.

The General Terms and Conditions govern the relationships between Flora Design Ltd. (hereinafter referred to as FLORADESIGN), on the one hand, and the user of the electronic (Internet) pages and services (hereinafter referred to as the Customer).

The General Terms and Conditions provide information to users concerning their rights in the use of information and services on the website. Each user working with the site is bound by the rules of the present General Terms and Conditions from the time of entering until the time of leaving the website.

3. SELLER’S DETAILS
FLORA DESIGN Ltd. is a company having its seat and registered address in Bulgaria, city of Plovdiv, 1, Nayden Popstoyanov Str., with VAT No.: BG160055696.

The company FLORA DESIGN Ltd. shall be hereinafter referred to as FLORADESIGN.

You can contact FLORADESIGN at the address above, by calling 00359 889 510 190 or by sending an e-mail to: floradesign@abv.bg.

4. DEFINITIONS

In the interpretation and application of the present General Terms and Conditions, the following terms and expressions shall have the following meanings:

4.1.Website - the domain www.floradesign-bg.com

4.2. Customer - any natural person over 18 years, a legal person or other legal entity, that has agreed to the present General Terms and Conditions, uses the website of FLORADESIGN in any way, including but not limited to viewing, placing orders, buying, returning goods, etc.

4.3. Order - an electronic document representing a form of communication between the Seller and the Buyer through which the Buyer declares to the Seller, through the website, his intention to purchase goods and services from the Website.

4.4. Goods and Services - each subject matter of the contract for purchase and sale from the Website.

4.5. Campaign - any commercial communication aimed at the promotion of certain goods and/or services which are offered in limited stocks, unless the commercial communication expressly states otherwise, for a certain period of time specified by the Seller.

4.6. Contract - a contract concluded between the Seller and the Buyer for distance purchase and sale of Goods and/or Services from the Website, an integral part of which are the present General Terms of Use of the Website.

4.7. Content - all the information on the Website which is accessible via Internet connection and the use of a device with an Internet connection; information concerning Customers and relating to the Goods and/or Services; data on the Seller or other data relating to it.

4.8. Specifications - all the characteristics and/or descriptions of the Goods and Services as are referred to in their description.

4.9. Seller - FLORADESIGN.

5. PRIVACY

5.1. By providing any personal or other data to the Seller, the Customer agrees that they may be used by the Seller for any legitimate purposes without having to seek the consent of the Customer to their processing in each case.

5.2. By providing their data to the Seller (including e-mail), the Customer gives his explicit consent to be contacted by FLORADESIGN.

6. PROTECTION AND PROCESSING OF PERSONAL DATA

6.1. FLORADESIGN will use your personal data only for the purposes of website maintenance to provide you with access to specific information or for general communication with you. FLORADESIGN will not sell your personal data to third parties nor will they be traded anywhere else. The employees of FLORADESIGN are obliged to protect the confidentiality of your data and to comply with the agreement for disclosure of confidential information.

6.2. In accordance with the requirements of the Bulgarian legislation for the protection of individuals with regard to the processing and the free movement of personal data, as may be changed or supplemented from time to time, FLORADESIGN is obliged to process personal data under conditions that guarantee their storage and prevent their accidental loss, only for the indicated purposes.

6.3. The purpose of data collection is: to notify the Buyer on the status of his Orders.

6.4. By filling in the data in the order form, the Customer declares and unconditionally accepts that his personal data will be included in the database of FLORADESIGN and gives his explicit and unambiguous consent for all such data to be archived, used and handled by FLORADESIGN without any territorial and/or time limitation.

6.5. The Buyer agrees and allows FLORADESIGN to provide his personal data to other companies or persons with which it is in contractual relationship on the occurrence of a legal dispute and in the event that the latter have undertaken the obligation to store and process such data in accordance with the law. Such entities can be: law firms, lawyers, etc.

6.6. The Buyer’s personal data may be provided to the prosecution, the police, judicial institutions or other public authorities on the basis and within the framework of the legal provisions and based on an explicit request made by them in this regard.

6.7. Each User has the right to ask for erasure of any personal data entered by him.

7. LIABILITY

7.1. Seller shall not liable for any damages suffered by the Buyer or third parties as a result of a force majeure event or such that are beyond the control of the Seller, or are not causally linked with its actions or with its culpable behaviour.

7.2. In all other cases, the Seller’s liability shall be limited to a maximum of the value of the ordered and paid Goods.

8. OBLIGATIONS

8.1. The Customer shall be obliged: to provide an exact and valid phone number, address for delivery and e-mail for correspondence; to pay the price of the ordered goods; to pay the costs of delivery; to receive the goods; not to place fictitious or invalid orders or provide other incorrect information.

8.2. The Seller undertakes to transfer to the Customer the ownership of the ordered Goods; to deliver the ordered goods on time; to take due care for the performance of its duties.

9. WARRANTIES

9.1. The Seller offers all Goods on the Website with a guarantee for conformity of the product with the Contract in accordance with the current legislation and the warranty policy of the respective manufacturer. Exception is made by certain categories of goods which, due to their nature, may not have guarantee, such as trees, bushes, flowers, etc.

10. TRANSFER OF OWNERSHIP

10.1. The ownership of the goods will be transferred upon their handover to the Buyer after the completion of the payment. The handover of the goods will be certified by the Buyer’s signature on the transport document provided by the courier.

11. GENERAL

11.1. FLORADESIGN publishes a description of the main characteristics and an image of each product, the selling price with VAT, and a tariff of transport costs not included in the price of goods but related to their delivery, information on the methods of payment, delivery and execution of the contract, on the right of the Customer who is a user within the meaning of the Law on Consumer Protection and on the conditions and the manner of exercising such right, as well as the period for which the offer and the price shall remain in force.

11.2. Due to the limited space and structure of the website, the information, descriptions and characteristics of the products may sometimes be incomplete.

11.3. All goods, including those in a promotion/seasonal discount shall be sold and delivered until the exhaustion of the quantities even if this is not explicitly mentioned on the website.

11.4. The General Terms and Conditions of FLORADESIGN are mandatory for all website users.

11.5. Any use of this website means that you have carefully read the general terms of its use and you have agreed to observe them unconditionally.

If you do not agree to these terms, do not use this website.

11.6. The General Terms and Conditions may be changed unilaterally by FLORADESIGN at any time by updating them. These changes come into force immediately and are binding for all users/customers.

11.7. FLORADESIGN shall have the right to make changes in the terms of use at any time at its discretion or if such changes are imposed under an enforced regulation.

11.8. In each case of change of the General Terms and Conditions, FLORADSEIGN will inform the customers by publishing the changes on the website. In this sense, as a customer you have the obligation to check for possible amendments to the general terms and conditions of the website each time you use it.

11.9. FLORADESIGN shall endeavour to maintain the accuracy of the information provided on the website. However, taking into account the possible technical errors or omissions in this information, FLORADESIGN specifies that the images of the products have informative and exemplary nature, some of the goods offered on this website change dynamically and seasonally, and the supplied products may differ from the images because of a change in their characteristics or appearance.

11.10. The characteristics or the prices of the products described on the website may be changed by FLORADESIGN at any time and may contain errors.

11.12. The website may contain links to other websites. FLORADESIGN is not responsible for the privacy policy of websites it does not administer as well as for any other information contained therein.

11.13. By registering an order on the Website, the Buyer agrees and declares his wish to obtain the relevant Goods or Services from the Seller against payment.

11.4. The Seller sends to the Buyer a notification for the order registration in the system. This notification is made by the Seller by electronic means (e-mail) or by phone.

11.5. The Seller has the right not to deliver part or all of the Goods or not to fulfil part or all of the Services under the Order in its sole discretion. The Seller shall inform the Customer in this respect by electronic means (e-mail) or by phone.

11.6. The Contract for the distance online purchase and sale between the Seller and the Customer shall be deemed to have been concluded at the time of receipt by the Customer, in his electronic mail and/or by SMS and/or by a phone call from an employee of FLORADESIGN, of a notification by the Seller that it is ready to send the ordered goods and to deliver them to the address indicated by the Customer in accordance with its delivery opportunities and price conditions.

11.7. The purchase and sale contract concluded between the Customer and the Seller shall consist of the present General Terms and Conditions and the information stated and provided by the Buyer on the Website.

11.8. The access to the website www.floradesign-bg.com for registration of the order is free and is permitted to each Customer.

11.9. The Customer is entitled to contact FLORADESIGN at the addresses and phone numbers provided in section "Contacts" on the website. 

11.10. Communication with the Seller may be carried out by direct contact on the phone or at the addresses specified on the website, in section "Contacts".

11.11. FLORADESIGN may publish advertising or promotional information for the Goods and/or Services and/or for the offered promotions for a certain period of time, as well as information on the stocks.

11.12. All prices of the Goods and/or Services on the website are final and are in BGN, and include all taxes or charges required by law.

11.13. All images appearing on the Website are only intended to create some idea of the type of the offered Goods/Service and not to represent it accurately. Accordingly, it is possible that some of the images of the Goods or Services on the Website (static/dynamic images, etc.) do not comply with the appearance of the respective Goods or create wrong impression of the Service offered. The Customer does not have the right to seek any liability from the Seller for such inconsistencies.

12. ORDERS, INVOICING, PAYMENT

12.1. The Customer can place Orders on the Website by adding the desired Goods and/or Services to the cart, following the steps indicated on the Website.

12.2. All Goods and/or Services added to the cart are available for purchase in the framework of the quantities available. Adding Goods and/or Services to the cart without finalizing the order does not lead to registration of the order and the automatic reservation of the Goods/Services.

12.3. The Customer undertakes and is responsible to make sure that all data for the purchase he has requested by finalizing and sending his order to the Seller are true, complete and accurate at the date of dispatch of the order.

12.4. By placing the order, the Customer allows the Seller to contact him by phone and/or e-mail for confirmation of the placed order.

12.5. Before finalizing the order, the Customer confirms that he is aware and agrees to the General Terms and Conditions of FLORADESIGN.

12.6. The Seller has the right to refuse to fulfil (to annul) the Order placed by the Customer provided that it notifies the Customer.

12.7. The Customer has the right to withdraw from the Contract within the time limit for refusal provided for this purpose by the Seller.

12.8. Only consumers within the meaning of the Law on Consumer Protection shall have the right to return the items provided that the item is with preserved commercial appearance and is accompanied by its packaging, label and cash receipt.

12.9. To finalize and send the relevant Order, the Customer must identify the type and quantity of the product by pressing the virtual button "Add to Cart” against the relevant product; he must confirm the information for delivery by a courier company and the type of payment at the time of delivery of the product: payment on delivery. By pressing the “payment on delivery” button, the Consumer makes an action that binds him with the force of a contract - him (the user/customer) and FLORADESIGN (Seller) in accordance with the conditions described in this document and with the rules of the Law on Consumer Protection (LCP).

On delivery, the Buyer receives from the courier the accompanying documents that indicate the ordered product, the due selling price and the price of delivery. The Buyer hands over to the courier an amount equal to the total amount (including the price of the goods and the price of delivery) referred to in the document which is noted on the waybill which serves as a receipt. By signing the waybill, the buyer empowers the courier to forward to Flora Design Ltd., in his name and on his own account, the amount representing the selling price of the delivered goods.

12.10. The price of the Goods and Services announced on the site www.floradesign-bg.com are final and include VAT and all other taxes and fees provided for in the legislation in force.

12.11. The price, the method of payment and the time limit for delivery are indicated in each Order.

12.12. The Customer is obliged to provide all the information required for the issue of an invoice in accordance with the legislation in force. He is obliged to review the information referred to in the relevant Order in order to make sure that it is complete, correct and accurate. In the case of providing incomplete, incorrect or wrong address and/or phone number when submitting the order, the same will be considered invalid and no obligation for fulfilment shall arise for FLORADESIGN.

12.13. The Seller shall issue an invoice to the Customer for the ordered and delivered Goods / provided Services on the basis of the information provided by the Customer.

12.14. FLORADESIGN shall issue an invoice in the cases where the data required according to the legislation in force have been completed in the field "Invoice Data" or if this has been expressly mentioned as a comment to the Order. In the cases where the Customer has not requested an invoice to be issued and has chosen payment on delivery, the Customer will receive the ordered products with a receipt for the postal money order in accordance with Article 3(1) of Ordinance N-18 of 13 December 2006 on the registration and reporting of sales in the commercial sites via fiscal devices in force from 01.01.2007. Legal persons wishing to return the purchased product may do so within 2 working days from the date of its receipt.

13. FORCE MAJEURE

13.1. Neither of the parties shall be held liable for non-fulfilment of its contractual obligations, if such failure is due to force majeure. Force majeure shall mean an unforeseen event outside the control of the parties, which cannot be avoided.

13.2. If such event still subsists after 14 (fourteen) days from the date of its onset, each party shall have the right to inform the other party that it shall terminate the Contract without owing any compensations to the other party for any possible damage.

14. DELIVERY OF GOODS

14.1. FLORADEISGN delivers goods on the territory of the Republic of Bulgaria only. By submitting a delivery address, you authorize Flora Design Ltd. to carry out the delivery of the products ordered by you at your expense and agree to the General Terms and Conditions of Flora Design Ltd. Flora Design Ltd. undertakes to deliver the ordered and purchased Goods to the address specified by the Buyer or to an office of the courier company, depending on the choice of the Customer.

14.2. The Seller provides the appropriate packaging of the Goods.

14.3. The price of delivery of the products shall be determined according to the standard and current tariffs of the courier company Econt.

14.4. The details in respect of the delivery of the Goods/Services, including but not limited to details concerning the time limit for delivery/fulfilment, do not constitute a contractual obligation on the part of the Seller for the performance of the delivery/provision of the relevant Service on a particular date. Accordingly, the Customer shall not be entitled to any compensation in the event that the date declared by the Seller as the date of delivery or performance of the service has not been observed.

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The provisions of the legislation in force in the Republic of Bulgaria shall apply to any matters not settled in the present General Terms and Conditions.

Should you have questions and recommendations in respect of the present General Terms and Conditions for the services and goods provided by FLORADESIGN, please send them to the following e-mail: floradesign@abv.bg.