PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
I. Terms of Use
These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our website www.heartyapetite.com / www.heartyapetite.bg (together “our site”). Use of our site includes accessing, browsing, or registering to use our site. Please read these terms of use carefully before you start to use our site. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. We recommend that you print a copy of these terms for future reference.
OTHER APPLICABLE TERMS
These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie Policy, which sets out information about the cookies on our site.
If you purchase goods from our site, our Terms of Supply will apply to the sale of such goods.
1. INFORMATION ABOUT US
heartyapetite.com / www.heartyapetite.bg is a site operated by Hearty Apetite Limited, a limited company registered in the Republic of Bulgaria with UIC (company number) 204213834 and with its registered office at Sofia 1000, Sredets Municipality, Pozitano Nº5 Str.; Our VAT number is BG204213834; our Personal Data Administrator Certificate Number is: 20170112120301.
1.2. Trade Mark and Jurisdiction
Харти Апетайт ООД / Hearty Apetite Ltd. is a registered trademark, logo, and name (collectively, the “Trademarks”).
All rights are registered and patented in accordance with the laws of the Republic of Bulgaria and in accordance with international law. The content, texts, photographs, logo and all other materials are intellectual property of ‘‘Hearty Apetite Ltd.” and all of these materials may be used for personal non-commercial purposes. You do not have the right to use any trademark displayed on this website without the express written permission of “Hearty Apetite Ltd.” All misuse or abuse of the Trademarks or any other Content on the “Hearty Apetite Ltd”. website is strictly prohibited. You have been informed that “Hearty Apetite Ltd.” rigorously monitors its intellectual property rights and all violators will be prosecuted and brought to trial.
“Hearty Apetite Ltd.” manages this online store from its office in Sofia. All products and materials published on the website can also be accessed from abroad. If you use the online store outside of the country (Bulgaria), it is your responsibility to comply with the local laws and regulations. The terms of use of this “Online Store” are governed by and in accordance with the laws of the Republic of Bulgaria.
1.3 Supervisory Boards
1.3.1. Personal Data Protection Act
Address: Sofia, 15 Ivan Evstatiev Geshov Str
Tel.: (02) 940 20 46
Е-mail: kzld@government.bg
Website: www.cpdp.bg
1.3.2. Consumer Protection Commission
Address: Sofia, 4A Slaveykov Sqr, F 3, 4 & 6
Tel.: (02) 980 25 24/ Hotline: 0700 111 22
Website: www.kzp.bg
1.4. Getting in touch
1.4.1. Contacting us: If you are emailing us please include details of your order to help us to identify it. If you would like to give us your feedback or have questions pertaining to our delivery & returns policy you can contact us any time by writing to bark@heartyapetite.com.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +359 (0) 888 356073 or by e-mailing us at bark@heartyapetite.com.
1.4.2. If we have to contact you: if we have to contact you or give you notice by phone or in writing, we will do so by e-mail or by post to the address or number you provide to us in your order.
1.4.3. When we refer, in these Terms, to “in writing”, this will include e-mail.
2. CHANGES TO THESE TERMS AND CHANGES TO OUR SITE
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
3. ACCESSING OUR SITE
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
4. YOUR ACCOUNT AND PASSWORD
If you choose a user name or password or similar as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us using the contact details set out below.
We have the right to disable any user name or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
5. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
7. LIMITATION OF OUR LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the Bulgarian law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, and loss of business opportunity or any other business losses.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you, which are set out in our Delivery Terms.
8. VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you and our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
10. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
11. APPLICABLE LAW
Please note that these terms of use, its subject matter and its formation, are governed by the Bulgarian law. You and we both agree to that the courts of Bulgaria will have non-exclusive jurisdiction.
November 2017
II. Terms of Supply
This section (together with our Privacy Policy and Terms of Use) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the goods (“Goods”) listed on our website (“our site”) to you.
These Terms will apply to any contract between us for the sale of Goods to you (“Contract”), whether you submit an order via our site or by telephone. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site or by telephone. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods, whether from our site or by telephone. You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in section II clause 3. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are available in Bulgarian and the English language depending on which version of the site you are using.
1. OUR SITE
1.1. Your use of our site is governed by our Terms of Use (above) and we only use your personal information in accordance with our . Please take the time to read these, as they include important terms which apply to you.
1.2. Our Goods are made available on our site for purchase by consumers only (a “consumer” being an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession). By submitting an order in accordance with these Terms you warrant and represent that you are a consumer and that you are at least 18 years old. If you are a business customer, please contact us on +359 (0)888 356073 and we will be happy to discuss your requirements with you.
1.3. The images of the Goods on our site are for illustrative purposes only. Your Goods and any packaging may vary from that shown in images on our site.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the order process. If you wish to submit an order by telephone, please speak to a member of our customer services team on +359 (0)888 356073, who will take your order and will confirm you are happy with it before your order is finalized.
2.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in section II clause 4.1.
2.3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
2.4. If we are unable to supply you with any Goods, for example because such Goods are not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
3. OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated. Every time you order Goods from us (whether on our site or by telephone), the Terms in force at the time of your order will apply to the Contract between you and us. Any amendments we make to these Terms will not affect any order you have already submitted unless we are required to revise these Terms to reflect any changes in relevant laws and regulatory requirements. If we do have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, you will have to return (at our cost) any Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
4. DELIVERY
At Hearty Apetite we are always striving to make our delivery service as efficient and convenient as possible for you and your pets.
4.1. Our Dispatch Confirmation will include an estimated timescale for delivery. After we have issued a Dispatch Confirmation our third party carrier will contact you with an estimate delivery date, which will be within 14 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event outside Our Control. See section II clause 13 for our responsibilities when this happens.
4.2. If no one is available at your address to take delivery, we (or our carrier) will leave you a note that we (or our carrier) has attempted to make delivery of the Goods. You should follow the instructions of the note to re-arrange delivery.
4.3. Delivery of an Order is deemed to have taken place when we/our courier deliver the Goods to the specified address. You, as the user, must inspect the order and the Goods at the time of delivery in the presence of the courier and, if they are not as described or damaged, notify us immediately through the courier serving you. Should you choose not to exercise your right to inspect the Goods in front of the courier, you shall be deemed to have accepted them without objection.
The goods remain your property on completion of the delivery with its inspection/rejection of inspection or (in the case of later) – after we receive the full payment amount, including the delivery costs.
4.4. If we miss the 14 day delivery deadline for any Goods then you may cancel your Order straight away if we have refused to deliver the Goods; or if delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or if you told us before we accepted your order that delivery within the delivery deadline was essential.
4.5. If you do choose to cancel your Order for late delivery under section II clause 9.4., you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value.
5. PET FOOD PACKAGING AND DELIVERY
Our pouches and canned foods are packaged and delivered in heavy duty paper bags or secured cardboard boxes, depending on the order size.
We deliver frozen BARF products via portable coolers. The food is packaged in portions which come in either bags or trays of between 200g and 3kg for easy storage.
In line with our sustainability efforts, we do not use insulated boxes. It is important for us to do what we can to limit the effects of our activities on the environment, which is why we have opted out of using polystyrene.
If you order multiple items we sometimes use cardboard boxes, which your driver will take away and re-use at your request. This way you can receive your items in perfect condition with minimal waste.
Once you receive your BARF order make sure you pop it straight into your freezer unless you plan to serve it that day.
In the event that you will not be at home to accept your delivery, just make sure you tell us where to leave your items in the ‘delivery note’ field when placing your order.
Please note that all BARF (frozen) foods need to be placed in the freezer as soon as delivered. Please specify a time (or a time slot) when you or a member of your family will be home to receive the order in person.
6. DELIVERY SCHEDULE
All orders made on a weekday before 3 p.m. to Sofia and Sofia area, are delivered the following working day. Orders placed in the weekend are delivered on Monday.
Orders going out to most areas in Bulgaria (Zone 3) are delivered within 1 or 2 working days.
7. DELIVERY AREAS
7.1. We deliver pouches and canned foods across Bulgaria (Zones 1 & 3)
7.2. We deliver BARF food to the following areas:
- Zone 1- Sofia and Sofia area (Bankya, Bistritza, Bojurishte, Jeleznitsa, Lozen, Pancharevo, Vladaya)
Sometimes we do deliver to a particular postcode that is slightly off our normal delivery route. If you think this might be the case or want to double check, send us a message
- Zone 2 (Plovdiv and Plovdiv area) – subject to order size and arrangement, send us a message
If you fall outside of our delivery area but would like to receive a shipping quote for an order you wish to place with us, please get in touch with us.
We are working on widening our delivery area.
8. DELIVERY RATES
To place a BARF or Mixed (BARF + Canned Food) Order with us you must have a Minimum Order of 25 lv (excluding transport fees)
8.1. BARF and Mixed Orders (BARF + Canned Food) Delivery fees:
Orders over 170 lv are FREE to Sofia and Sofia Area (Zone 1)
Orders under 170 lv cost 9.98 lv to Sofia and Sofia Area (Zone 1)
If you fall outside of our delivery area but would like to receive a shipping quote for an order you wish to place with us, please message us.
8.2. Pouches and Canned food Orders Delivery fees:
Orders over 120 lv are FREE to Sofia and Sofia Area (Zone 1)
Orders under 120 lv cost 7.99lv to Sofia and Sofia Area (Zone 1)
See the table below for delivery fees to anywhere in Bulgaria (Zone 3) outside of Sofia and Sofia Area (Zone 1):
| kg | 0 to 1 | over 1 to 2 | over 2 to 5 | over 5 to 10 | over 10 to 15 | over 15 to 20 | for each additional kg |
|---|---|---|---|---|---|---|---|
| Non-frozen products lv (with VAT) | 8.00 | 11.00 | 13.00 | 19.00 | 25.00 | 31.00 | +2.00 |
| kg | from 0 to 3 | over 3 to 8 | over 8 to 13 | over 13 to 18 | over 18 to 24 | for each additional kg |
|---|---|---|---|---|---|---|
| Frozen Raw (BARF) Products(or mixed orders =frozen + non-frozen items)lv (with VAT) | 15.00 | 19.00 | 20.00 | 22.00 | 27.00 | +3.00 |
9. REFUNDS AND RETURNS
At Hearty Apetite we want you and your pet to be delighted with our products. But we know that sometimes things do not go as planned and there are some really fussy eaters out there!
9.1 If, upon receiving your order, you or your pet is not satisfied for any reason, please contact us within 48 hours of receipt of the goods by emailing bark@heartyapetite.com or calling us on +359 (0)888 356073. Our office hours are 10am – 6pm, Monday – Friday.
9.2. Should you wish to return any items bought from us, we would be more than happy to offer a refund or exchange.
9.3. Returns are accepted within the 14th day of the delivery date. Returns are only possible if the product and its original packaging have not been damaged. The cost of returning the goods is at the expense of the customer. We reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale. Products should be returned to Hearty Apetite, Pozitano Nº5 Str., Sofia 1000 and proof of dispatch emailed to us. Refunds will only be paid in respect of products returned to us in accordance with these Terms for goods that are damaged or faulty.
9.4. In the unlikely event that your order from us arrives damaged, we will collect these items from you, and replace them with products in pristine condition, at our expense. You can alternatively choose to be fully refunded for them.
9.5. Exceptions
We regret that we cannot offer returns for the purchase of perishable goods (BARF products) unless they arrive damaged, faulty or not the item that has been ordered. If any of these circumstances should prevail please use the procedures explained within the returns section above by notifying us within 48 hours of receipt of the goods and returning the goods accordingly.
Please note that if we approve frozen products for return we will arrange a collection time and day with you at our expense using the appropriate transport to preserve their condition. Should you choose to send the goods via a different transport method that jeopardizes the products’ quality characteristics no credit will be given for the return.
As per the legal requirements, if a product is returned, the refund will be processed within 14 (fourteen) days of the return date (the day/date the returned item reaches our premises not the date it has been sent to us).
10. PRICE OF GOODS, DELIVERY CHARGES AND PAYMENT
10.1. The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
10.2. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
10.3. The price of the Goods includes Value Added Tax (VAT) (where applicable) at the applicable current rate chargeable in Republic of Bulgaria for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
10.4. The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the online check-out process or by our customer service team if you submit an order by telephone, before you confirm your order.
10.5. You can pay for Goods in the following ways:
a) Cash upon receipt of the goods from our carrier. You could also pay by card with prior arrangement – leave us a message when you put your order through on our website and specify that you would like to pay by card upon arrival of the order.;
b) Bank transfer;
c) Debit card or Credit card (we accept the following cards: Visa, MasterCard, and Maestro);
During the authenticity check of your card SSL Certificates protect your card’s sensitive information.
d) ePay/EasyPay
e) PayPal
10.6 Unless you select the option to pay in cash upon receipt, payment for the Goods and all applicable delivery charges is to be made in advance and we will charge your Debit card, Credit card, or PayPal account at the time you submit your order. If you have opted to pay via Bank transfer, we will wait to receive your payment and send you a conformation that your goods are on their way. In the event that we are unable to process or accept your order we will refund any amounts you have paid in advance in full.
11. YOUR RIGHT TO CANCEL THE CONTRACT
In order to cancel a Contract concluded between us in accordance with your legal right under the Consumer Protection Act, within the timeframes and time limits specified in this clause, you should simply let us know in an unambiguous manner that you have decided to cancel it. The simplest way to do so is to fill out our cancellation form. If you use this method, we will send you an email to confirm that we have received your cancellation request. You can also send us an email at bark@heartyapetite.com, or contact our customer service team on +359 888 356073.
11.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection Act during the period set out below in clause 5.3. This means that within the standard 14 days statutory period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund without incurring any penalties. In this case, we ask you to store the goods in such a way so as not to impair their quality and appearance. In case of failure, you will be liable for the costs of return delivery of the goods to us, so they are returned in their original condition and packaging. Otherwise, the termination of the agreement shall occur only after negotiating a compensation for the reduced properties of the goods.
Advice about your legal right to cancel the Contract is available from your local Consumer Protection Commission.
11.2. However, this cancellation right does not apply in the case of Goods that are liable to deteriorate or expire rapidly or any Goods which become mixed inseparably with other items after their delivery.
11.3. Your legal right to cancel a Contract is 14 business days and starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
(a) If your Contract is for a single item (which is not delivered in instalments on separate days), the end date is the end of 14 days after the day on which you receive the Goods.
(b) If your Contract is for either one item (which is delivered in instalments on separate days) or multiple items (which are delivered on separate days), the end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.
11.4. If you cancel your Contract we will:
(a) refund the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop (such as by opening any cans, pouches or other sealed food containers). If we refund the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) make any refunds due to you as soon as possible and in any event within the following deadlines:
(i) if you have received the Goods: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us; or
(ii) if you have not received the Goods: 14 days after you inform us of your decision to cancel the Contract.
11.5. We will make any refund to the credit card or debit card or PayPal account used by you to pay.
11.6. If Goods have been delivered to you before you decide to cancel your Contract:
(a) Then, unless we otherwise notify you, you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You should send your returns back to us at Hearty Apetite Limited, Sofia 1619, Vitosha Region, 30B Lyuti Dol Street;
(b) unless the Goods are faulty or not as described (in this case, see section II, clause 9.4.), you will be responsible for the cost of returning the Goods to us.
11.7. Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 5 or anything else in these Terms. Advice about your legal rights is available from your local Consumer Protection Commission.
12. OUR LIABILITY TO YOU
12.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
12.2. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other business losses.
12.3. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of Directive 2011/83/EU of the European Parliament and the Council dating to 25th of October 2011 on the rules and requirements applicable to electronic commerce ;and
(d) defective Goods under the Consumer Protection Act.
13. EVENTS OUTSIDE OUR CONTROL
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications or transport networks.
13.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 (thirty) days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
14. OTHER IMPORTANT TERMS
14.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.2. In case of non-availability of a given product or for other reasons, we reserve the right to refuse the order without paying compensation to the customer.
We do not guarantee the availability of the goods ordered, regardless of whether the product is advertised on the site.
14.3. We have the right to refuse to enter into a contract and/or to accept and/or fulfill an order from a customer, without owing compensation and/or any other type of action or payment to the Customer, when:
- the customer is incorrect to the online store;
- there is non-compliance by the customer with the General Terms and Conditions of the online store;
- violations committed by the customer against the online store have been identified;
- there is an unreasonable refusal by the customer to receive the goods sent by us under the contract (this hypothesis does not affect the customer’s right to withdraw from the contract concluded with our online store and to return the goods received under the contract);
- the information provided to us by the customer is incomplete, incorrect or invalid;
- the customer’s actions may harm the merchant/online store or related parties.
14.4. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.5. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.7. These Terms, any Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by the law of the Republic of Bulgaria.
January 2024