GENERAL TERMSof "Eco Water Solution" Ltd.for using the website and e-shop https://home.fivo.bg/
TABLE OF CONTENTS:
II. Subject to the general conditions.
III. Application field. Consent to the general conditions.
IV. Username and password. User profile.
VI. Warranty, installation, and warranty service.
VII. Protection of personal data.
VIII. Purchase of goods. Delivery. Return of purchased goods.
IX. Rights and obligations of the consumer.
X. Rights and obligations of Eco Water Solution.
XI. Intellectual Property.
XII. Responsibility. Limitation of liability.
XII. Termination and cancellation of the contract.
XIV. Other terms.
In the interpretation and application of these General Terms and Conditions, the terms and expressions used have the following meaning:
1. Eco Water Solution Ltd. /, hereinafter referred to in these General Terms and Conditions for brevity as “Eco Water Solution”, is a company with UIC 205383914, with registered office and address of management: Sofia, p.k. 1404, Triaditsa district, Manastirski Livadi residential complex, Charles Shampo Str., Bl. 21, ent. B, ap. m.16, tel. 070012341 e-mail: email@example.com, which sells goods/services subject to these General Terms and Conditions, by signing distance contracts, through the website/e-shop administered by the company: https: / /home.fivo.bg/.
2. “Website / Site” – is a single place in the global Internet network, accessible through its unified address (URL) via HTTP, HTTPS, or other standardized protocol and containing files, programs, text, sound, picture, image, or other materials and resources.
3. A website is a collection of web pages and related content that is identified by a common domain name and published on at least one server.
4. An IP address is a unique identification number that associates a computer, website, or consumer resource in a way that allows it to be located on the global Internet.
5. “Server” is a device or system of connected devices on which or on any of which is installed a system software to perform tasks related to the storage, processing, reception, or transmission of information.
6. “E-shop” is an integral part of the website https://home.fivo.bg/, with the main purpose of selling water filtration devices, water filtration filters, filter sets, dispenser-type devices for cold and hot water, systems for air filtration, and others, through concluding a distance contract.
7. “User” is any person of age or legal entity registered or unregistered and uses the functionalities provided through the website: https://home.fivo.bg/, with which the user consents and agrees to these General Terms.
8. “User profile” is a separate part of a site containing information about the User, provided by him during his registration and stored by https://home.fivo.bg/, where access to the user profile is carried out by entering a username and password. The User profile allows the user to view and edit the data entered during registration, to change their access password, to unsubscribe from receiving a newsletter, etc.
9. “Username” is a unique code, a set of letters and/or numbers, through which the user is identified on the site https://home.fivo.bg/.
10. “Password” is a unique code chosen by the User, a set of letters and/or numbers, which together with the username identifies the same and allow them to make valid orders for the purchase of goods offered at https://home.fivo.bg/.
11. “Goods” are all items offered through the e-shop, which are individualized with a detailed description and/or color image and have a specified price.
12. ‘Sale price’ means the final price per unit or quantity of goods or services, including value-added tax and any additional taxes and charges.
14. “Newsletter” is a periodically distributed publication about new goods, promotions that may be of interest to the subscriber of the newsletter.
15. “Commercial communications” are advertising or other communications directly or indirectly presenting the goods, services, or reputation of a person carrying out a commercial or craft activity or exercising a regulated profession.
16. ‘Reminder messages’ are messages the company sends to its customers who have purchased some of the products offered in order to be informed that it is necessary to carry out maintenance or replacement of consumables of the purchased product. These messages are not commercial but are sent based on the contract between the company and the consumer and are part of the program “good service” of Eco Water Solution Ltd.
17. “Accidental event” is an unforeseen event of extraordinary nature at the moment of concluding the contract, which makes its performance objectively impossible.
II. SUBJECT OF THE GENERAL TERMS AND CONDITIONS
2.1. Through the website https://home.fivo.bg/ Eco Water Solution provides the user with a set of resources and services on-line, pre-defined by Eco Water Solution and announced on the website https://home.fivo.bg/ available under the respective mode of use and in compliance with the requirements specified in these General Terms and Conditions.
2.2. Sales of goods and provision of services are made to all consumers without the need for prior registration. These are, but are not limited to: access to and use of information resources available on the website, viewing photos, instructions for goods, and more.
2.3. The use of some of the services is possible only after pre-registration, the creation of a user profile, and entering the username and password. These are but are not limited to: a reference to the data entered by the users, with which they are individualized, a list of the orders made by them, and others, which can be additionally defined as such.
2.4. The services provided by Eco Water Solution can be supplemented and modified to improve and expand them at any time by Eco Water Solution.
III. APPLIED FIELD. AGREEMENT WITH THE GENERAL TERMS AND CONDITIONS
3.1. These General Terms and Conditions apply to users who have registered on the website https://home.fivo.bg/ (“registered users”). These General Terms and Conditions apply accordingly to the relations with the users who have not registered on the website https://home.fivo.bg/ (“unregistered users”), as their rights are limited to the use of the services described in item 2.2.
3.2. The text of these General Terms and Conditions is available on the Internet on a website at https://home.fivo.bg/ in a way that allows their storage and re-creation.
3.3. In order to be able to use the services under article 2.3. of these General Terms and Conditions, the user must pre-register by filling out the relevant electronic registration form, available in real-time (on-line) on the Internet at https://home.fivo.bg/
3.3.1. In the process of registration, by ticking in the field “I have read and agree to the terms and conditions of the site” and pressing the virtual button “Continue”, and in case of purchase of goods or order of services for which registration is not required, through marking in the field “I have read and agree to the terms and conditions of the site” and pressing the virtual button “Continue” the user makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that they are familiar with these General Conditions, accepts them, agrees with them and to comply with them.
3.3.2. If the data required in the registration form is not provided, Eco Water Solution has the right to refuse the registration.
3.3.3. In case of providing incorrect data or not reflecting the changes on time, Eco Water Solution has the right to terminate or suspend immediately and without notice the provision of services and maintaining the registration. In this case, the termination of the provision of services is considered an automatic termination of the contract.
3.4. In the event of a dispute to which a person has expressed a will to be bound by the text of these General Terms and Conditions, a party will be considered the person who has paid the price for the respective delivery.
IV. USER NAME AND PASSWORD. USER PROFILE
4.1. When registering, the user provides a username and password. If the username is not already taken, the user receives the username and password that they have requested. Eco Water Solution does not check and is not responsible for the coincidence of the username with the user’s name, whether it affects the rights of third parties and in particular the right to a name or other personal rights, the right to a trading name (company), the right to a trademark or other intellectual property rights.
4.2. The user is identified through the information filled in the order form when using the services under article 2.2 and through their user profile when using the Services under article 2.3.
4.3. The user is obliged not to disclose the password to third parties and to notify Eco Water Solution immediately in case of unauthorized access, as well as in the event of such access. The user is obliged to take due care and take the necessary measures that are reasonably necessary to protect the password and is fully responsible for all actions performed by them or by a third party through their use.
4.4. In case of a loss (forgetting) of the password and an explicit request by the User, https://home.fivo.bg/ will automatically send an e-mail message containing the registered username and password to the e-mail address provided by the user during the registration process.
5.1. The services provided by Eco Water Solution, through the site https://home.fivo.bg/, are related to the sale of water filtration devices, water filtration filters, filter sets, cold and hot water dispenser devices, systems for air filtration, and others, according to the goods and services currently published on the website https://home.fivo.bg/.
5.2. The order is placed by the user by successively performing the following actions:
5.2.1. Determining the type and quantity of the ordered goods and pressing the visualized button “Buy/add to cart”, marked under the respective product and adding goods in the section “Cart/basket”;
5.2.2. visit the “Cart/Basket” section and:
5.2.3. fill in the data necessary to identify the buyer and make the delivery, including the method of delivery and method of payment.
5.2.4. review and confirm the order.
5.3. With the acceptance by Eco Water Solution of an order from the consumer, an individual contract is concluded for the delivery of the goods ordered by the consumer. The contract is concluded in Bulgarian or another language according to the available user interface of the site.
5.4. Deliveries are made by authorized partners of Eco Water Solution.
5.5. Delivery is made to the exact address (block, entrance, floor, and apartment) specified by the user, as well as with a phone number for feedback.
5.6. The order, subject to a delivery, is transported and delivered properly packaged and within three days from the date of the order. In case the order is placed on a weekend, the delivery period starts from the first working day.
5.7. The prices of the goods, their packaging and instructions, delivery prices, and methods of payment that the user can order through the use of the services subject to these General Terms are described in the relevant sections of the website https://home.fivo.bg/.
5.8. All prices announced on the Internet pages of the website https://home.fivo.bg/ include value-added tax.
VI. WARRANTY, INSTALLATION, AND WARRANTY SERVICE
6.1. All devices for water filtration, dispenser type devices for cold and hot water, air filtration systems, and other goods published on the website https://home.fivo.bg/, except for goods that have a consumable character, are offered with a two-year warranty by Eco Water Solution.
6.2. The warranty is valid only if the appliance is connected to a water source (municipal water supply network) complying with Ordinance № 9 on drinking water and the installation instructions and requirements of the manufacturer are followed, or the product is installed by an authorized employee of Eco Water Solution.
6.3. Eco Water Solution provides free installation of all goods that require one.
6.4. If the system is installed by a third party, or an unauthorized person, the warranty for the system (product) is voided.
6.5. Eco Water Solution provides warranty service for the systems purchased by the company.
6.6. Eco Water Solution guarantees the quality of the offered products by monitoring their timely maintenance and service and notifies its customers when necessary.
6.7. Eco Water Solution provides services related to the replacement of consumables, necessary for the operation of the goods provided.
VII. PROTECTION OF PERSONAL DATA
7.1. Eco Water Solution has the right to collect and use information about its users when they register as “Registered Users”, as well as when using the services under article 2.2. as “unregistered users”. The information through which the user can be identified includes name, surname, address, telephone, contact e-mail address, as well as any other information that the customer voluntarily provides during registration. The information includes any other that the user enters, uses, or provides when ordering, receiving, or using goods and services through the website https://home.fivo.bg/.
7.2. Eco Water Solution takes due care and is responsible for the protection of information relating to the customer, which became known in connection with the provision of services – subject to these General Terms, as a Data Administrator, except in cases of force majeure, accident or malicious actions of third parties.
7.4. The restrictions under article 6.2. do not apply if the user or persons under his control have committed malicious acts within the meaning of these General Terms and Conditions or have violated the rights or legitimate interests of third parties. In this case, Eco Water Solution has the right to provide personal information about the customer to the relevant competent state authorities in accordance with the applicable law.
VIII. PURCHASE OF GOODS. DELIVERY. RETURN OF PURCHASED GOODS.
8.1. The user has the right to order product (s) and/or service (s) presented by https://home.fivo.bg/ after registration or as a “Guest” user.
8.2. Upon placing an order, the consumer enters into a contractual relationship with Eco Water Solution, concerning the specific purchase.
8.3. The consumer has the right to choose the product and its quantity, the method of delivery, and the method of payment, according to the terms of delivery of Eco Water Solution, described in detail below.
8.4. The user is obliged to pay the price that was specified by Eco Water Solution on the site during the creation of the order.
8.5. In case of technical errors in the publication of https://home.fivo.bg/, Eco Water Solution has the right to refuse the order and does not owe compensation in any way to the User, except to refund the amounts paid and/or deposited by the user, if such has been made.
8.6. The indicated prices of the individual goods and services are single, per single item.
8.7. The cost of delivery (courier service) is at the expense of Eco Water Solution.
8.8. Current prices, trade conditions, and promotions are valid only for the purchase of goods through the online store https://home.fivo.bg/.
8.9. Eco Water Solution reserves the right to change the prices of the goods offered at https://home.fivo.bg/, without prior notice to consumers.
8.10. On its website https://home.fivo.bg/ Eco Water Solution offers the following options for payment for the ordered product /s and/or service/s:
Cash on Delivery. The price of the order is paid in cash to the courier, under the terms of the service – Delivery by postal money order.
Payment by bank transfer to the account of Eco Water Solution:
Bank: Unicredit Bulbank EAD
8.11. The ordered goods are delivered packed and accompanied by a receipt for a money transfer or invoice (if pre-ordered by the consumer), to the address specified by him in the order for delivery only through the courier company “Speedy”.
8.12. The consumer is obliged to inspect the goods for external damage and/or absence in the presence of the courier.
8.13. By signing the bill of lading, the consumer certifies the receipt of the goods and their quantitative and external compliance with the order. In case of refusal to accept the delivery, the consumer owes all costs of the delivery, which include the price of courier services and packaging for the delivery.
8.14. The ordered goods are delivered through the courier company “Speedy” to the address specified by the User, upon registration at https://home.fivo.bg/. In order to guarantee the delivery time and the security of the service, Eco Water Solution EOOD offers delivery of the ordered goods only through the courier company “Speedy”.
8.15. The order will be delivered within three days from the date of the order confirmation, according to the technical capability of the courier company “Speedy”, to the delivery address specified by the user. Delivery is made only on working days. Orders placed on Saturday or Sunday are processed on Monday, from which day the delivery period begins. Eco Water Solution reserves the right to extend the specified terms by up to 3 days without informing the customer in advance and to extend the terms by more than 3 days with the prior approval of the consumer.
8.16. The cost of the courier service is paid by Eco Water Solution when sending the shipment.
8.17. At present, deliveries are made only in the territory of Bulgaria.
8.18. In case of problems with delivery (delay more than the confirmed date of sending or resending by courier), the user has the right to cancel their order if it is not delivered within 3 days after the date set for delivery.
8.19. In case Eco Water Solution cannot fulfill the order of the User due to lack of the ordered goods and/or service/s, it is obliged to notify the User and to refund the amounts paid by them within 14 days from the date on which Eco Water Solution had to fulfill its obligation to deliver the ordered goods.
8.20. In case it is necessary to resend a courier for reasons for which the User is responsible (the User or a person authorized by the User was absent at the initial delivery of the order or were unable to pay it), the delivery costs are covered by the User.
8.21. The User has the right to return the accepted and paid goods to the Seller within 14 days from the delivery of the goods.
To ensure the safety and health of consumers, the goods are subject to return if they meet the following conditions:
1. The goods are not installed and used;
2. The goods are in the condition in which they were sent to the customer, without traces of use, accompanied by the attached documentation and packaging.
If the specified return conditions are met, goods purchased from Eco Water Solution are subject to return to Eco Water Solution.
Upon receipt of the purchased goods back, the Seller inspects the availability of return conditions and notifies the consumer of the approved return of goods.
The refund of the paid amounts is made by bank transfer within 30 days from the date of receipt of the goods back in the possession of Eco Water Solution to the consumer, to a bank account, BIC code, and bank specified by them. The costs of returning purchased and approved goods are deducted from the amount due for refund.
8.22. The consumer has the right to refuse one or more of the ordered goods within 3 days from the generation of the order if for this period the goods are not delivered.
8.23. In case within 3 days from the generation of the order, the goods are not delivered and the consumer partially or completely gives up the purchased goods, Eco Water Solution is obliged to refund partially or fully the deposited amount. In case the consumer does not give up the purchased goods or services, Eco Water Solution automatically accepts the order as up-to-date.
8.24. If a defective product is found within a reasonable time of reception of the goods, due to reasons related to hygiene or consumer health protection cannot be returned, the Seller undertakes to replace it with a new one or to refund the amount deposited for the product, from the date on which the consumer has exercised his right of withdrawal. The transport and other costs for receiving and returning the goods are at the expense of Eco Water Solution. In case of non-compliance of the goods with the main characteristics specified in the online store, Eco Water Solution refunds the amount deposited for the goods by the consumer, including transport costs charged for the delivery of the goods within 7 days of receipt of the goods.
IX. RIGHTS AND OBLIGATIONS OF THE USER.
9.1. The user has the right to access on-line the services provided through the website https://home.fivo.bg/ in compliance with the conditions and requirements for access set by Eco Water Solution through these General Terms.
9.2. The user’s right of access does not include the right to copy or re-create information and use intellectual property, regardless of whether the holder of the relevant rights is Eco Water Solution or a third party.
9.3. The User undertakes to accept and pay for the delivered goods in compliance with the conditions and requirements for access set by Eco Water Solution with these General Terms.
9.4. The user has the right to refuse to receive commercial messages, for which it is necessary to notify Eco Water Solution to the following email address: firstname.lastname@example.org
X. RIGHTS AND OBLIGATIONS OF ECO WATER SOLUTION
10.1. Eco Water Solution undertakes to take a due care to enable users to use the Services normally. Eco Water Solution provides its users with uninterrupted access to the online store for viewing content and processes sales orders every working day during the specified working hours from 09:00 to 17:00.
10.2. Eco Water Solution has the right to send commercial messages to consumers, with their explicit consent, to offer information and advertisements about their goods and/or services, to make inquiries on various issues, to conduct surveys, and more.
10.3. Eco Water Solution may place electronic links to other Internet sites and resources and advertising banners for the sale of goods and provision of services by third parties, including electronic links and advertising banners directing to websites outside the control of Eco Water Solution.
10.4. Eco Water Solution has the right to deactivate the password for access to the user’s profile without notice in case the user, in the opinion of Eco Water Solution, violates these General Terms and Conditions. In these cases Eco Water Solution has the right to terminate the registration of the user, to terminate the provision of the User of the Services under article 2.3.
10.5. Eco Water Solution reserves the right to temporarily or permanently suspend the provision of specific services available through the website https://home.fivo.bg/, notifying the user with a message on the website.
10.6. Eco Water Solution has the right to change prices at its discretion, at any time without prior notice to consumers.
10.7. All goods offered and sold by Eco Water Solution at https://home.fivo.bg/ have a quality guarantee. The main characteristics and descriptions of the individual goods are given separately for each item on the website.
10.8. Eco Water Solution has the right to temporarily block (in whole or in part) users’ access to the website for 48 hours for monthly maintenance, service quality improvements, extensions, innovations, and other changes in the system. Users will be notified in advance of the exact schedule of the temporary blocking of access to the system by posting messages in a prominent place on the website.
10.9. Eco Water Solution is not responsible for:
10.9.1. The quality of online services in the event of traffic disruptions due to reasons for which the ISP or the companies providing online services in connection with payments through the online store are responsible.
10.9.2. The quality of the service when using faulty technical means and/or incorrectly configured software by the user, as well as for reasons due to the fault of the customer’s Internet provider.
10.9.3. Damage caused by inaccurate, unreliable, or misleading (misleading) information and/or data submitted by users of the online store, information from published news and/or other information sources, as well as damage caused by unwanted electronic exchange (spam).
10.9.4. Damages incurred as a result of force majeure within the meaning of Art. 306 of the Commercial Code.
10.9.5. Any direct, indirect, specific, incidental, or consequential damages related to the use of software programs installed on the user’s computer, including damages for the possible occurrence of which the User has not been notified.
10.9.6. Additional costs associated with the use of the software, including, but not limited to, data loss, data recovery costs and/or databases, software replacement costs, third party claims, and the like.
XI. INTELLECTUAL PROPERTY
11.1. When using the Services, subject to these General Terms, the User has access to a variety of content and resources that are subject to copyright or other intellectual property rights of Eco Water Solution or third parties. The User has access to the content for personal use in accordance with these General Terms and Conditions and has no right to use, record, store, reproduce, modify, adapt or publicly distribute intellectual property objects that have become available to him when using the services. . Notwithstanding the above, the User has no right to remove the trademark and other intellectual property rights from the materials available to them, regardless of whether the holder of the respective rights is Eco Water Solution or a third party.
XII. RESPONSIBILITY. LIMITATION OF LIABILITY
12.1. Eco Water Solution is not responsible for failure to provide services in circumstances beyond its control – in cases of force majeure, accidental events, problems in the global Internet, and the provision of services outside the control of Eco Water Solution, problems due to equipment. of the user, as well as in case of unauthorized access or intervention of third parties in the operation of the information system or servers of Eco Water Solution.
12.2. By accepting these General Terms and Conditions, the User declares that they are aware of the possibility of interruptions and other difficulties in making the Internet connection to the website https://home.fivo.bg/, which may occur regardless of the care taken by Eco Water Solution. The user declares that they will not claim any compensation from Eco Water Solution for lost profits, damages, or inconveniences due to the above interruptions or difficulties of the Internet connection, including the capacity of this connection.
XII. TERMINATION AND TERMINATION OF THE CONTRACT
13.1. Except in the cases provided for in these General Terms and Conditions, the contract between the parties is terminated in the event of any of the following circumstances:
13.1.1. Termination of the activity of Eco Water Solution or termination of the maintenance of the Website https://home.fivo.bg/.
13.1.2. Mutual consent of the parties for termination;
13.1.3. Other cases provided by law;
XIV. OTHER TERMS
14.1. The Parties agree that if any of the clauses of these General Terms and Conditions prove to be invalid, this will not lead to the invalidity of the contract, other clauses, or parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice. Please send complaints related to the orders to Eco Water Solution by e-mail: email@example.com or by phone for users: 070012341 The line is open between 09:30 and 17:00 from Monday to Friday.
14.2. In case of change of the current General Terms and Conditions, Eco Water Solution notifies all its users by publishing the changed General Terms and Conditions on the Website https://home.fivo.bg/ or to the e-mail provided by them. When they do not agree with the changes in the General Terms and Conditions, the User has the right to withdraw from the contract without stating a reason and without paying compensation, the User must send a written notice to Eco Water Solution within one month of receiving a notice of the change of the General Terms and Conditions. This right cannot be exercised by the User in case the change in the General Terms and Conditions is due to an order or instruction of a competent state body. The amendment of the General Terms and Conditions binds the User if he has not exercised his rights under this article within one month from the notification of the amendment of these General Terms and Conditions.
14.3. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by this contract.
14.4. All disputes between the parties shall be settled in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance, or termination, as well as disputes to fill gaps in the contract or its adaptation to new circumstances will be allowed by the competent court under the current Bulgarian legislation in the city of Sofia.
Supervisory authorities in the Republic of Bulgaria:
(1) Commission for Personal Data Protection Address: Sofia, 15 Ivan Evstatiev Geshov Str., Tel .: (02) 940 20 46 fax: (02) 940 36 40 Email: firstname.lastname@example.org, email@example.com Website: www.cpdp.bg.
(2) Consumer Protection Commission Address: 1000 Sofia, 4A Slaveykov Square, fl. 3, 4 and 6, tel .: 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22 Website: www.kzp.bg.
These General Terms and Conditions were approved by the Manager of Eco Water Solution on 11.11.2020 and shall enter into force on 11.11.2020.