GENERAL TERMS AND CONDITIONS

 

These GENERAL TERMS and CONDITIONS govern the relationship between UTOPIA ART AND DESIGN HOUSE LTD, hereinafter referred to as “Utopia house”, on the one hand, and the Users of websites and services located on the domain www.utopia-house.com (referred to as -down Users), on the other.

UTOPIA ART AND DESIGN HOUSE EOOD is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 203857819, with registered office and address of management: Plovdiv 4000, 51 Iztochen Blvd.

Please read the published General Terms and Conditions in full before using the information and commercial services offered by the site www.utopia-house.com (called Services for short). By viewing www.utopia-house.com, each User automatically agrees to comply with the conditions described below.

This document contains information about the activities of "Utopia house" and the general conditions for using the services provided by "Utopia house", regulating the relationship between us and each of our registered users.

Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and "Utopia house".

 

SERVICES PROVIDED

Art. 1 The services provided by Utopia house to the User are information society services within the meaning of the Electronic Commerce Act.

Art. 2. "Utopia house" is an e-shop, available on the site www.utopia-house.com, through which users have the opportunity to enter into contracts for sale and delivery of goods offered by "Utopia house".

IDENTIFICATION AND REGISTRATION

Art. 3 (1) "Utopia house" identifies the Users of the site by storing log files on the server of www.utopia-house.com and the IP address of the User.

(2) "Utopia-house" has the right to collect and use information about users after their registration. The information through which the person can be identified may include name, surname, date of birth, address, telephone number, as well as any other information that the person provides voluntarily upon registration. The information includes any other that the User enters, uses, or provides when using the Services provided by "Utopia house".

Art. 4 (1) "Utopia house" takes due care and is responsible for protecting the information about the User, which became known to him on the occasion of registration - subject to these General Terms, except in cases of force majeure, accident, or malicious acts of third parties.

(2). In the registration form filled in by the User upon registration, "Utopia house" indicates the mandatory or voluntary nature of the provision of data and the consequences of refusing to provide them. By agreeing to these General Terms and Conditions, the User agrees to the information about him to be processed in the manner prescribed therein.

(3) The restrictions under para. 1 shall not be applied in case an obligation arises for “Utopia house” to provide the personal information about the User to the respective competent state bodies according to the current legislation.

Art. 5 (1) “Utopia house” collects and uses the information under art. 4 for the purposes provided in these General Terms and Conditions, as well as for offering new goods and/or services to the User (free or paid). The described purposes for which the information is used are not exhaustively listed and do not give rise to obligations for "Utopia house".

(2) By accepting these General Terms and Conditions, the User agrees to the processing of his personal data for the purposes of this contract and direct marketing.

Art. 6 (1) The user may register by filling in the relevant electronic registration form, available in real-time (online) on the Internet on the website of "Utopia house", to agree with these General Terms and to declare that he is competent. 

(2) By pressing the virtual button "Registration", having the force of written confirmation of the General Terms, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, declaring that he is familiar with these General Terms, accepts them, and undertakes to comply with them. By recording it on a suitable medium in the server of "Utopia house", through a generally accepted standard for conversion in a technical way, making it possible to reproduce, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. "Utopia house" may store in log files on its server the IP address of the User, as well as any other information necessary for his identification and reproduction of his electronic statement of acceptance of the General Terms and Conditions in case of legal dispute. The text of these General Terms and Conditions is available on the Internet on the website of "Utopia house" in a way that allows its storage and reproduction.

 (3) When filling in the application for registration, the User is obliged to provide complete and correct data on the identity (for individuals), legal status (for legal entities) and other data required by the electronic form of "Utopia house", as well as to update within 7 (seven) days of their change. The user declares that he agrees to provide the required personal data, thus ensuring that the data provided during the registration process are correct, complete, and accurate, and in case of change of the latter will update them in a timely manner. In case of providing incorrect data, "Utopia house" has the right to terminate or suspend immediately and without notice the provision of services and maintaining the registration of the User.

Art. 7 (1) Upon registration, the User receives a unique username and password for access to the services available through the website of "Utopia house".

(2) The username with which the User registers does not give him any other rights, except the right to use the specific username within the e-shop of "Utopia house".

(3) The registrar in his capacity as a representative of a legal entity shall be obliged to enter his full name and address, resp. the name of the legal entity it represents. By accepting the General Terms and Conditions, he guarantees and confirms that he has a contractual relationship with the user company registered by him. Upon entering incorrect or misleading information, the party is deprived of the right to access the services of the Utopia house website.

(4) The user is obliged to take all care and to take the necessary measures, which are reasonably necessary, in order to protect his password, as well as not to disclose his password to third parties and to notify immediately "Utopia house" in case of made unauthorized access, as well as in case of probability and suspicion of such. He bears the responsibility and risk for the protection of his password, as well as for all actions performed by him or by a third party using his password.

Art. 8 (1) The user has the right to access on-line mode to the services provided through the site of "Utopia house", in compliance with the conditions and requirements for access set by "Utopia house". In order to use the services, the User must enter his username and password.

(2) The user has the right to access and correction in online mode of his personal data provided during registration.

 

ORDER

Art. 9 (1) The users use the interface of the website of “Utopia house” in order to conclude contracts for purchase and sale of the goods offered by “Utopia house” in the e-shop. The contract can be concluded after a phone call.

(2) The contract for purchase and sale of goods shall be considered concluded from the moment of confirmation of the order by “Utopia house”.

(3) In the absence of availability of a product "Utopia house" reserves the right to refuse the order.

Art. 10 (1) In order to place an order, the User needs to register or identify himself in accordance with the terms and conditions described in these general terms and conditions, as well as to enter the system by identifying with a username and password.

(2) After selecting one or more goods offered on the Utopia house website, the User must add them to his list of goods for purchase ("basket", "cart").

(3) It is necessary for the User to provide data for the delivery and to choose a method and moment of payment of the price, after which to confirm the order through the interface of the e-shop.

(4) When placing an order, the User receives a confirmation by email that his order has been accepted.

 

PRICES

Art. 11 (1) The prices of the products offered in the online store are those indicated on the website of “Utopia house” at the time of placing an order, except in cases of obvious error.

(2) The prices of the products shall include VAT, in the cases in which its accrual is envisaged.

Art. 12 "Utopia house" reserves the right to change at any time and without notice the prices of products offered in the online store, and such changes will not affect orders already placed.

Art. 13 (1) “Utopia house” may provide discounts for the products offered in the online store, according to the Bulgarian legislation and rules, determined by “Utopia house”. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided in various forms (eg promotions, loyalty discounts provided individually, randomly, or as a result of participation in a competition or customer survey).

(2) The different types of discounts may not be combined when ordering and purchasing the same goods.

 


PAYMENT

Art. 14 When the User returns a product 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 discount applied to the product, and only the amount actually paid is refundable.

Art. 15 (1) The user can pay the price of the ordered goods using one of the options listed on the website. Cash on delivery is possible at www.utopia-house.com.

(2) If the User chooses the option for delivery by courier and payment by cash on delivery, he must pay the price of the ordered items together with the price for delivery to the courier upon receipt of the goods.

Art. 16 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 such third party.

Art. 17 Utopia house shall not be liable if a payment method involving a third party payment service provider is not available or otherwise does not function for reasons that cannot be attributed to Utopia house.

 

 

DELIVERY

Art. 18 (1) The delivery of the ordered goods is carried out by courier to an office or address for delivery on the territory of the Republic of Bulgaria indicated by the User. Delivery is at the expense of the User, unless otherwise stated on www.utopia-house.com.

(2) Before sending the ordered goods, "Utopia-house" has the right to contact the User on the phone number specified by him, in order to specify details of the order and/or delivery.

(3) “Utopia-house” is not responsible for non-fulfillment of an order in the cases when the User has indicated incorrect, incomplete and/or inaccurate personal data, including when he has indicated an incomplete, inaccurate, or fictitious address or telephone number.

(4) In the cases when a preliminary payment has been agreed, the order shall be sent 3-5 days after receiving the payment. If the User wants his order to arrive before a certain date, he sends an inquiry if this is possible.

Art. 19 Delivery is made within 3-5 working days. In exceptional circumstances, "Utopia house" reserves the right to extend the delivery period by promptly informing the User.

Art. 20 (1) The ordered goods shall be delivered against a signature, as the larger consignments (at the discretion of the courier) shall be delivered to the entrance of the building.
(2) The consumer shall be obliged to inspect the goods at the moment of their delivery and to notify immediately in case of established discrepancies, shortages, and damages. If the User does not do so, it is assumed that the delivery is accepted without objection.

Art. 21 (1) In case of impossibility or difficulty for delivery personally to the addressee, the consignments shall be served as follows:
a) for business address - to a person with a place of work at the address, noting the name of the person who received the consignment;
b) for home address - of a member of the household, indicating the name of the person who received the consignment.

(2) In case of impossibility to deliver the shipment, which occurred through no fault of “Utopia house” or the courier, the person performing the delivery shall call the contact telephone number indicated by the User in order to specify from which office of the courier the User may receive delivery.

(3) In case of impossibility to establish contact with the User, the contract for distance selling shall be automatically terminated.

Art. 22 (1) When performing international deliveries, the rules for delivery and receipt of items of the respective national postal service, as well as of the respective national legislation of the state in which the consignee of the goods is located shall be applicable.

(2) All import fees when importing the goods are at the expense of the User. The consumer cannot claim a refund if he has refused to pay import duties or receive the shipment.

Art. 23 "Utopia house" reserves the right to change the available methods of delivery and payment and / or the conditions under them at any time by publishing the available methods of delivery and payment on the website without further notice.


WITHDRAWAL FROM THE CONTRACT AND REPLACEMENT

Art. 24 (1) The consumer has the right to withdraw from the contract without stating a reason, without paying compensation or penalty within 14 days from the date of acceptance of the goods by the consumer or a third party.

(2) In order to exercise his right under this clause, the User must unambiguously notify "Utopiahouse" of his decision to withdraw from the contract, individualizing the goods he wishes to return, by providing all details of the order and delivery, including , but not only: content and value of the order, data of the person who made the order, data of the person who accepted the delivery, and date of delivery.

(3) "Utopia house" publishes on its website a form for exercising the right to withdraw from the contract.

(4) In order to exercise the right of withdrawal "Utopia house" the consumer must send an unambiguous application electronically. In these cases, Utopia house immediately sends the user a confirmation of receipt of his refusal on a durable medium.

(5) The consumer is obliged to return the goods at his own expense together with the receipt and invoice, if any, by handing them over to "Utopia house" or to an authorized person, within 14 days from the date on which the consumer has exercised his right to withdraw from the contract.

 

(6) "Utopia house" has the right to postpone the refund until the goods are returned or until proof is provided that the goods have been sent back, depending on which of the two events occurred earlier.

(7) In case the User fails to fulfill his obligation under paragraph 5 without notifying Utopiahouse of the delay and without providing a valid reason for the same, it shall be deemed that he has withdrawn his statement for exercising withdrawal from the contract.

Art. 25 (1) The consumer shall not have the right to withdraw from the contract in case the subject of the same are:

·        products made to individual specifications or explicitly customized;

·        products that may deteriorate or products with a short shelf life;

·        for newspapers, periodicals or magazines, including imported and foreign language magazines;

·        products that cannot be returned for health or hygiene reasons,

·        and which are printed after delivery; sealed audio and video recordings or sealed computer software that are printed after delivery.

When the provided service is information that is adapted in nature for use and its one-time receipt by the User makes its meaningless

 Art. 26 "Utopia house" refunds to the User the price paid by him for the returned goods.

 

 COMPLAINT

Art. 27 (1) The consumer has the right to claim for any discrepancy of the goods with the agreed / ordered, when after delivery, discrepancies are found with the contract of sale.

(2) The consumer has the right to file a claim for the goods, regardless of whether the manufacturer or the trader has provided a commercial guarantee for the goods or the service. The consumer is not entitled to a complaint when the discrepancy is due to the natural wear and tear of the item.

(3) When the satisfaction of the claim is made by replacing the goods with another, corresponding to the agreed, "Utopia house" will keep the consumer the original warranty conditions.

(4) Upon filing a claim for goods, the consumer may claim for refund of the amount paid, for replacement of the goods with another, corresponding to the agreed or for deduction from the price.

(5) The complaint shall be submitted orally on the telephone number indicated by “Utopia house” or in writing by the indicated e-mail, by mail or submitted to the address of the company. "Utopia house" presents on its website access to the contact form.

(6). When filing a complaint, the user indicates the subject of the complaint, his preferred way to satisfy the complaint, respectively the amount of the claimed amount, and address, telephone and contact email.

(7) When submitting a complaint, the consumer must also enclose the documents on which the claim is based, namely:
1. receipt or invoice;

2. protocols, acts or other documents, establishing the non-conformity of the goods or the service with the agreed;

3. other documents establishing the claim on grounds and amount.

(8) The complaint of consumer goods may be filed not later than two months from the establishment of the non-compliance with the agreed, as well as after the expiration of the expiration date.

(9). The period ceases to run during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute.

(10) If “Utopia house” has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for filing the claim under para. 1, the claim may be filed until the expiration of the term of the commercial guarantee.

(11) The filing of a complaint is not an obstacle for filing a claim.


WARRANTIES

Art. 28 Consumers benefit from the warranty periods provided for in the Consumer Protection Act.

 

UNILATERAL TERMINATION

Art. 29 "Utopia house" has the right at its discretion, without notice to terminate the contract unilaterally, if it finds that the services provided are used in violation of these general conditions, the legislation of the Republic of Bulgaria and generally accepted moral norms.

 

 INTELLECTUAL PROPERTY

Art. 30 (1) The intellectual property rights over all materials and resources located on the website of "Utopia house" (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to "Utopia house" or to respectively the indicated person, who has transferred the right to use “Utopia house”, and cannot be used in violation of the current legislation.

(2) In case of copying or reproduction of information beyond the admissible, as well as in case of any other violation of the intellectual property rights over the resources of “Utopia house”, “Utopia house” has the right to claim compensation for direct and indirect damages in full. size.

(3) Except in cases where it is explicitly agreed, the User may not reproduce, change, delete, publish, distribute and otherwise disclose the information resources published on the website of "Utopia house".

Art. 31 (1) “Utopia house” is obliged to take due care to provide the User with an opportunity for normal access to the provided services.

 

(2) "Utopia house" has the right to deactivate or delete the username and password for access to the user profile of the User, in case the latter violates the intellectual property rights of "Utopia house" on the elements contained on its website - objects of intellectual property.

(3) "Utopia house" reserves the right to suspend access to the services provided after giving notice in the user profile of the User. Utopia house has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.

 

 

TERMINATION AND TERMINATION OF THE CONTRACT

 

Art. 32 (1) Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall be terminated upon termination of the activity of “Utopia house” or termination of the maintenance of its website.

(2). Upon termination of the contract "Utopia house" deactivates the user profile of the User and deletes the password to access it.

(3) Not all socks, leggings, swimwear, underwear are subject to return and exchange!

Art. 33 In addition to the above cases, either party may terminate this contract by giving one week's notice to the other party in the event of failure to fulfill its obligations under the contract.

Art. 34 The written form of the contract is considered complied with by sending an e-mail, pressing an electronic button on a page with content that is filled in or selected by the User or marking in a field (check box) on the website, etc. similar in so far as the statement is technically recorded in a way that allows it to be reproduced.

 

AUTHORITIES REGULATING THE ACTIVITY

Art. 35 The bodies regulating the activity of Utopiahouse are the Commission for Consumer Protection / CPC / and the Commission for Personal Data Protection (CPDP), with the following coordinates:

About the CPC:

Website: https://kzp.bg/kontakti

tel: 0700 111 22

email: info@kzp.bg

address: Sofia, Slaveykov Square, А4A, fl. 3, 4 and 6

About CPDP:

 

Website: https://www.cpdp.bg/

tel: 02 / 91-53-518

email: kzld@cpdp.bg

address: Sofia 1592, bul. „Prof. Tsvetan Lazarov ”№ 2

 

SAVING CLAUSE

Art. 36 The parties declare that in the event that any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the entire contract or other parts thereof. The invalid clause will be replaced by the mandatory norms of the law or the established practice.

 

AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

Art. 37 (1) "Utopia house" is obliged to notify the Users of any change in these general terms and conditions within 7 days from the occurrence of this circumstance at the email address specified by the User.

(2) When he does not agree with the changes in the general conditions, the User has the right to withdraw from the contract without stating a reason and without paying compensation or penalty. In order to exercise this right, the User must notify "Utopia house" within one month of receiving the notice under the previous paragraph.

(3) In case the User does not exercise his right to withdraw from the contract in accordance with the procedure set forth in these general terms and conditions, it shall be deemed that the amendment has been accepted by the User without objections.

 

APPLICABLE LAW

Art. 38 The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.