Terms and Conditions
These general terms and conditions govern the relationship between “Vaya Home” EOOD, hereinafter referred to as “Merchant” for short, on the one hand, and the users of internet pages and services located on the website www. Online-chair.com, hereinafter referred to for short as Users, on the other hand.
“Vaya Home” EOOD, is a company registered under the Commercial Law of the Republic of Bulgaria with EIK 206323432, with address Burgas, Odrin St. 15, floor 11, email address: email@example.com, telephone +359893450010.
Please read the published General Terms and Conditions in their entirety before using the information and commercial services offered on the Site (the Services for short).
This document contains information about the activities of “Vaya Home” EOOD, and the general conditions for using the services provided by “Vaya Home” EOOD, regulating the relationship between each of our users and us.
The confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and the Merchant.
By accepting the General Terms and Conditions, the User agrees to have his data processed based on the contract concluded between him and the Merchant.
For these general conditions, the following concepts should be understood in the following sense:
Website – www.online-chair.com and all its subpages.
Consumer – any natural person who acquires goods that are not intended for commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside the scope of his commercial or professional activity.
Personal data – information about a natural person that reveals his physical, psychological, mental, family, economic, cultural, or social identity.
Goods – tangible movable property, except items sold under forced execution or through other measures by bodies authorized by law, as well as items abandoned or confiscated for the benefit of the state, announced for sale by state authorities.
Sales contract – a contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer, and the consumer pays or undertakes to pay the price for them, including contracts having as their subject both goods and services.
Procedure for alternative resolution of consumer disputes – procedure for the out-of-court resolution of consumer disputes, meeting the requirements of this law and carried out by an authority for alternative resolution of consumer disputes.
1. On the Site, Users have the opportunity to conclude contracts for the purchase and sale, and delivery of the goods offered by the Merchant.
1.1. The goods offered by the Merchant through the website are intended for individuals and/or legal entities.
2. Users use the website interface to conclude contracts with the Merchant for the purchase and sale of the offered goods and their delivery on the territory of the Republic of Bulgaria.
2.1. The contract for the purchase and sale of goods is considered concluded from the moment the order is confirmed by the Merchant.
2.2. In case of non-availability of a given product or inability to perform a given service, the Merchant reserves the right to refuse the order.
2.3. After selecting one or more goods offered on the Merchant’s website, the User must add the same to his list of goods for purchase.
2.4. It is necessary for the User to provide data for making the delivery and choose a method and moment of payment of the price, then confirm the order through the site interface.
2.5. When placing an order, the User receives confirmation by email that his order has been accepted.
3. The Merchant has the right to refuse to conclude a contract with an incorrect User.
3.1. The Merchant has the right to treat a User as incorrect in cases where:
- there is non-compliance by the User with the General Terms and Conditions;
- an incorrect, arrogant, or rude attitude towards the Merchant’s representatives has been established;
- systematic abuses by the User towards the Merchant have been established.
4. The user agrees that when ordering a product from the Merchant’s website, the latter can assign the performance of the contract to a third party, who will deliver the ordered goods to the user. The use of a subcontractor does not require user consent.
4.1. The subcontractors that the trader uses are not party to the contract between the trader and the user.
5. The prices of the offered goods are those indicated on the Merchant’s website at the time of placing an order, except in cases of obvious error.
5.1. The prices of the goods include VAT in the cases in which it is foreseen to charge it.
5.2. The merchant reserves the right to change the prices of the goods offered on the site at any time and without notice, and such changes will not affect orders already placed.
6. The Merchant may provide discounts for the goods offered on the site, by Bulgarian legislation and rules determined by the Merchant. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (eg promotions, loyalty discounts provided individually, randomly, or as a result of participation in a competition or customer survey).
6.1. Different types of discounts cannot be combined when ordering and purchasing the same product.
7. When the User returns goods with the right to a refund of the amount paid for any reason, the price subject to refund is reduced by the value of the received discount applied to the goods, and only the amount paid is subject to refund.
8. The user can pay the price of the ordered goods using the following methods:
- Cash on delivery or postal money order, according to the terms of the relevant third party offering the payment service.
- Through the payment services of the payment operator PayPal.
9. The merchant reserves the right to establish other payment methods on the website, including through the services of third parties – payment operators, as well as a cash payment on the spot in a commercial outlet after placing an order.
10. If the User chooses a payment method involving a third-party payment service provider, the User may be bound by the terms and conditions and/or fees of a such third party, including the fees payable for performing the relevant payment transaction.
10.1. The user should be expressly aware of the fact that the use of the “cash on delivery” and “postal money transfer” services of the respective courier and payment service providers is associated with the payment of additional fees by the tariff of the respective providers, which fees may not be reflected in the site interface when placing an order because they are not included in the price of a delivery of the goods, but are a fee payable for the relevant payment services.
11. The Merchant is not responsible if a given payment method involving a third-party payment service provider is unavailable or otherwise does not function due to reasons beyond the Merchant’s fault.
Contract cancellation and replacement
12. The User has the right to withdraw from the contract without giving a reason, without owing compensation or a penalty within 14 days from the date of acceptance of the goods by the User or a third party.
12.1. The user does not have the right to withdraw from the contract if the subject of the contract is goods made to the order of the user or according to his requirements.
13. To exercise his right under this clause, the User must unequivocally notify the Merchant of his decision to withdraw from the contract, by individualizing the goods/services he wishes to return, providing all the details of the completed order and delivery, including, but not limited to: content and value of the order, details of the person who placed the order, details of the person who accepted the delivery and date of delivery.
14. The trader publishes on his website a form for exercising the right to withdraw from the contract.
15. To exercise the right of withdrawal, the Merchant provides the user with the option to fill out and send electronically via the website the standard withdrawal form or another unambiguous application. In these cases, the Merchant immediately sends the user a confirmation of receipt of his refusal on a durable medium.
16. The User is obliged to return the goods at his own expense, necessarily together with the receipt and the invoice, if any, by handing them over to the Trader or an authorized person of the latter, within 14 days from the date on which the User exercised his right of withdrawal from the contract.
17. When returning the product, it must be in its original packaging, without signs of use or damage to the commercial appearance.
18. The Merchant has the right to delay refunding payments until the goods are received back or until proof is provided that the goods have been sent back, whichever occurs first.
19. If the User does not fulfill his obligation to return the goods, without notifying the Trader of the delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement to exercise the withdrawal from the contract.
20. When, in connection with the execution of the contract, the Merchant has incurred expenses and the User withdraws from the contract, the Merchant has the right to retain the corresponding amount for the expenses incurred or to demand their payment.
21. The Merchant reimburses the User for the price paid by him for the returned goods.
22.1. If the user has made a payment under the contract with a bank card and has exercised his right to withdraw from the contract, the refund is carried out by ordering a reverse operation on the card with which the payment was made within 7 working days.
Warranties and claims
23. The user has the right to claim for any non-conformity of the goods with what was agreed/ordered, when, after delivery, non-conformities with the sales contract are discovered.
24. The merchant is not responsible for the color difference due to the natural differences in color reproduction of different monitor models.
25. The merchant is not responsible for a size difference of up to 2 cm.
26. The trader is not responsible for the natural wear and tear of the goods.
27. Any non-conformity of the consumer goods with the contract of sale, which appears up to 6 months after the delivery of the goods, is deemed to have existed at the time of delivery unless it is proved that the lack of conformity is due to the nature of the goods or the nature of the discrepancy.
28. The consumer cannot dispute the conformity of the consumer goods with the contract for its sale, when:
- after the contract he knew or could not have been unaware of the non-conformity;
- the discrepancy is due to user-supplied materials.
29. The consumer has the right to make a complaint about a product, regardless of whether the manufacturer or the trader has provided a commercial guarantee.
30. When the satisfaction of the claim is carried out by replacing the goods with another corresponding to the agreed, the Merchant will retain the original warranty conditions for the consumer.
31. When presenting the complaint, the user can claim a refund of the amount paid, to replace the product with another one corresponding to the agreed or a deduction from the price.
32. The complaint is submitted verbally to the telephone number specified by the Merchant or in writing via the specified e-mail, by post, or delivered to the address of the company. The merchant provides access to a complaint form on his website.
33. When submitting a complaint, the user indicates the subject of the complaint, his preferred way of satisfying the complaint, the amount of the claimed amount, and the address, phone, and email for contact.
34. When submitting a complaint, the user must also attach the documents on which the claim is based, namely:
- receipt or invoice;
- protocols, acts, or other documents establishing the non-compliance of the goods with the agreed;
- other documents establishing the claim by basis and amount.
35. Complaints about consumer goods can be submitted up to two years from the delivery of the goods, but no later than two months from the establishment of non-compliance with the agreement.
36. The term ceases to run during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute.
37. If the Merchant has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for presenting the claim under para. 1, the complaint may be submitted until the expiry of the commercial guarantee.
38. Filing a complaint is not an obstacle to filing a claim.
39. The merchant maintains a register of complaints. The User is sent a document to the e-mail indicated by him, in which the number of the complaint from the register and the type of goods is indicated.
40. When the Merchant satisfies the claim, he issues a deed to this effect, which is drawn up in two copies, and obligatorily provides one copy to the User.
41. In the event of a justified complaint, the trader brings the goods into compliance with the sales contract within one month, counted from the submission of the complaint by the User.
41.1. If the goods are not repaired even after the expiration of the period under the previous paragraph, the User has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction in the price of the consumer goods according to Art. 114 of the Civil Code.
41.2. Bringing the consumer goods into compliance with the sales contract is free of charge for the Consumer. He does not owe the cost of shipping the consumer product or the materials and labor associated with its repair, and he does not suffer the significant inconvenience.
42. In case of non-compliance of the consumer goods with the sales contract and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
- cancellation of the contract and refund of the amount paid by him
- Price Reduction.
43. The consumer cannot claim a refund of the amount paid or a reduction in the price of the goods when the merchant agrees to replace the consumer goods with a new one or to repair the goods within one month of the consumer’s complaint.
44. The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer, when, after having satisfied three complaints of the consumer by carrying out repairs of the same product, within the warranty period, there is a subsequent occurrence of non-compliance of the goods with the sales contract.
45. The consumer cannot claim to cancel the contract if the non-conformity of the consumer goods with the contract is minor.
46. The intellectual property rights on all materials and resources located on the Merchant’s website (including the available databases) are subject to protection under the Copyright Act and related rights, belong to the Merchant or to the person designated accordingly who assigned the right of use of the Merchant, and cannot be used in violation of current legislation.
47. In the case of copying or reproduction of information beyond what is permissible, as well as in case of any other violation of intellectual property rights on the Merchant’s resources, the Merchant has the right to claim compensation for the direct and indirect damages suffered in full.
48. Except in cases where it is expressly agreed, the User may not reproduce, change, delete, publish, distribute or publicize in any other way the information resources published on the Merchant’s website.
49. The Merchant undertakes to take due care to provide the User with an opportunity for regular access to the services offered through the site.
50. The merchant reserves the right to suspend access to the provided services. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its site.
Termination and cancellation of the contract
51. The trader has the right at his discretion, without giving notice, to unilaterally terminate the contract, in case he finds that the services provided are used in violation of the present general conditions, the legislation in the Republic of Bulgaria, and generally accepted moral norms.
52. Except in the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon suspension of the Merchant’s activity or termination of maintenance of his website.
53. Apart from the cases mentioned above, each of the parties may cancel this contract by giving a one-week notice to the other party in case of non-fulfillment of the obligations under the contract.
54. The written form of the contract is considered to be fulfilled by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the User or ticking a field (check box) on the website, etc. . similar, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.
55. The parties declare that if any of the clauses under these General Terms and Conditions is/are found to be invalid, this will not invalidate the entire contract or any of its other parts. The invalid clause will be superseded by the mandatory rules of law or established practice.
Amendment of the general terms and conditions
56. The Merchant undertakes to notify the Users of any change in the present general conditions within 7 days of the occurrence of this circumstance at the e-mail address specified by the User.
57. When he does not agree with the changes in the general conditions, the User has the right to withdraw from the contract without giving a reason and without owing compensation or penalty. To exercise this right, the User should notify the Merchant within one month of receiving the message under the previous article.
58. If the User does not exercise his right to withdraw from the contract by the procedure set out in these general terms and conditions, it is considered that the amendment has been accepted by the User without objection
59. The provisions of the current legislation of the Republic of Bulgaria apply to all matters not settled by these General Terms and Conditions.