TERMS AND CONDITIONS
for the Use of the Website https://mebelinovdom.com and Distance Sales Agreements
I. GENERAL PROVISIONS
Article 1
These Terms and Conditions govern the relationship between Yambol Komers Ltd. and every person using the website https://mebelinovdom.com, as well as the conditions for purchasing the products offered through it.
These Terms and Conditions constitute an agreement between the Merchant and the Customer within the meaning of the applicable legislation.
Article 2
The website https://mebelinovdom.com is an online store through which users may:
browse the products offered;
obtain information about product characteristics;
compare products;
create a customer account;
place orders;
request delivery;
submit complaints;
exercise their right of withdrawal where provided by law.
Article 3
These Terms and Conditions are binding upon all persons using the website.
By using the website, the user declares that they have read, understood and accepted these Terms and Conditions.
When placing an order through the website, acceptance of these Terms and Conditions is a mandatory condition for concluding the sales agreement.
II. MERCHANT INFORMATION
Article 4
The seller under all agreements concluded through the website is:
Yambol Komers Ltd.
UIC: 838168469
Registered office and business address:
1 Industrialna Street, 8600 Yambol, Bulgaria
Telephone:
+359 878 796 263
E-mail:
admin@mebelinovdom.com
Website:
https://mebelinovdom.com
III. DEFINITIONS
Article 5
For the purposes of these Terms and Conditions:
"Online Store" means the website https://mebelinovdom.com.
"Merchant" means Yambol Komers Ltd.
"Consumer" means any natural person acting outside the scope of their trade, business, craft or profession.
"Customer" means any natural or legal person using the website or placing an order.
"Product" means any item offered through the Online Store.
"Order" means the Customer's electronic declaration expressing the intention to purchase one or more products.
"Distance Contract" means a contract concluded through the website without the simultaneous physical presence of the parties.
"Customer Account" means an individual account created by the Customer through registration on the website.
IV. SUBJECT MATTER
Article 6
Yambol Komers Ltd. provides Customers with the opportunity to purchase furniture, mattresses, home accessories and other products offered through the Online Store.
Article 7
The information published on the website is provided for informational purposes only and constitutes an invitation to submit an offer to purchase.
The publication of any product on the website shall not constitute a legally binding offer within the meaning of the applicable contract law.
V. REGISTRATION
Article 8
Customers may use the website:
without registration;
by creating a Customer Account.
Registration is not mandatory for placing an order unless otherwise specified for particular services.
Article 9
When registering, the Customer shall:
provide accurate and up-to-date information;
not use another person's identity;
keep their information current.
The Customer is responsible for all activities performed through their account.
Article 10
Customers are responsible for maintaining the confidentiality of their login credentials and shall not disclose them to third parties.
If a Customer becomes aware of any unauthorised access to their account, they shall immediately notify Yambol Komers Ltd.
VI. USE OF THE WEBSITE
Article 11
Users shall not:
use the website for unlawful purposes;
compromise the security of the website;
interfere with the normal operation of the website;
distribute viruses or malicious software;
perform automated extraction of website content without the prior written consent of Yambol Komers Ltd.
Article 12
Yambol Komers Ltd. reserves the right to temporarily restrict access to the website in the event of:
maintenance;
technical servicing;
system updates;
technical failures;
force majeure events.
The Company shall not be liable for temporary unavailability of the website resulting from objective circumstances.
VII. CONCLUSION OF THE CONTRACT
When the customer chooses the payment method “instalments / on credit”, the customer is obliged to provide his/her Personal Identification Number (EGN / PIN).
The Personal Identification Number is required solely for the purpose of submitting an application to the selected credit institution and for the conclusion of the financing agreement.
By providing the Personal Identification Number, the customer declares that he/she is aware of and agrees that the data will be transmitted to the respective credit institution for the processing of the credit/leasing application in accordance with its general terms and conditions and the applicable legislation.
Refusal to provide the Personal Identification Number when the instalment payment option has been selected shall result in the impossibility of completing the order by this method of payment.
Article 13
The publication of products in the Online Store constitutes an invitation for Customers to submit an offer to purchase.
The contract between the parties shall be deemed concluded once the Order has been confirmed by Yambol Komers Ltd. via e-mail, telephone or another durable medium.
Article 14
To place an Order, the Customer shall:
select the desired Product;
choose the quantity, size, colour, upholstery or any other available options, where applicable;
add the Product to the shopping cart;
enter the required delivery and billing information;
select the preferred delivery method;
select the preferred payment method;
read and accept these Terms and Conditions;
submit the Order by clicking the "Place Order" button or another equivalent confirmation button.
Article 15
After receiving the Order, Yambol Komers Ltd. shall automatically send an acknowledgement of receipt to the e-mail address provided by the Customer, where applicable.
The automatic acknowledgement confirms only that the Order has been received and shall not constitute acceptance of the Customer's offer or conclusion of the sales contract.
Article 16
Yambol Komers Ltd. reserves the right to contact the Customer in order to:
confirm the Order;
verify the delivery details;
clarify the selected Product specifications;
confirm product availability;
verify the selected payment method;
obtain any additional information necessary for the proper fulfilment of the Order.
Article 17
Yambol Komers Ltd. reserves the right to refuse or cancel an Order where there is a justified reason, including but not limited to the following circumstances:
the Product is no longer available;
an obvious technical error exists in the published information;
an incorrect price has been displayed due to a technical malfunction;
the Customer has provided incomplete or inaccurate information;
the Company is unable to contact the Customer for Order confirmation;
there are reasonable grounds to suspect fraud, abuse or bad faith;
fulfilment of the Order is objectively impossible.
Where an Order cannot be accepted, the Customer shall be informed without undue delay.
VIII. PRODUCT AVAILABILITY
Article 18
The availability of Products displayed in the Online Store is provided for information purposes only.
Between the time an Order is placed and the time it is processed, a Product may become unavailable.
In such cases, the Customer shall be informed as soon as reasonably possible.
Article 19
If a Product is unavailable, Yambol Komers Ltd. may:
offer delivery upon the next restocking;
offer an equivalent Product;
offer production upon request where applicable;
cancel the Order after notifying the Customer.
IX. PRICES
Article 20
All prices displayed in the Online Store are stated in Bulgarian Lev (BGN).
Where applicable, prices include Value Added Tax (VAT) unless expressly stated otherwise.
Delivery charges, where applicable, shall be indicated separately before the Customer completes the Order.
Article 21
Yambol Komers Ltd. reserves the right to change Product prices at any time.
Price changes shall not affect Orders that have already been confirmed, except where the change results from an obvious technical error.
Article 22
Where an obvious technical error is identified, including but not limited to:
an incorrectly displayed price;
an incorrectly calculated discount;
an error during data import;
a software malfunction;
an obvious discrepancy between the displayed price and the actual market value,
Yambol Komers Ltd. reserves the right to refuse fulfilment of the Order after notifying the Customer without undue delay.
X. PROMOTIONS AND DISCOUNTS
Article 23
Promotional campaigns shall remain valid:
until the announced end date;
while stocks last;
until withdrawn by Yambol Komers Ltd., where expressly provided.
Article 24
Unless expressly stated otherwise, different promotions, discounts, vouchers, promotional codes and other pricing incentives may not be combined.
Article 25
Product images displayed in the Online Store are provided for illustrative purposes only.
Due to differences in display settings, lighting conditions, production technologies and the natural characteristics of materials, slight variations in colours, textures and appearance between the images displayed on the website and the delivered Product may occur.
Such minor variations shall not be considered a lack of conformity where they do not affect the essential characteristics of the Product.
XI. PAYMENT METHODS
Article 26
Yambol Komers Ltd. offers the following payment methods, where available for the respective Order:
cash payment;
payment by bank card;
bank transfer;
cash on delivery;
instalment financing through partner financial institutions;
other payment methods made available in the Online Store.
The available payment methods may vary depending on the type of Product, the selected delivery method or other objective circumstances.
Article 27
Payment shall be made in accordance with the payment method selected by the Customer.
Where payment is made by bank transfer or through a payment service provider, Order processing may commence only after confirmation that the payment has been successfully received, where applicable.
XII. PURCHASE BY INSTALMENTS
Article 28
The Online Store offers Customers the possibility to apply for instalment financing through partner financial institutions, including:
TBI Bank EAD;
DSK Bank AD;
UniCredit Consumer Financing EAD;
iutePay;
other financial institutions where such financing options are available.
Article 29
Approval of financing is carried out solely by the respective financial institution in accordance with its internal policies, procedures and lending criteria.
Yambol Komers Ltd. does not participate in the assessment of the Customer's creditworthiness and shall not be liable for any approval or refusal of financing.
Article 30
Once financing has been approved, the legal relationship between the Customer and the relevant financial institution shall be governed exclusively by the credit agreement and the terms and conditions of that financial institution.
XIII. DEPOSIT FOR CUSTOM-MADE PRODUCTS
Article 31
For Products manufactured according to the Customer's individual requirements, including but not limited to custom dimensions, upholstery, colours, materials or other specifications, Yambol Komers Ltd. may require the payment of a deposit.
The amount of the deposit shall be determined at the time the Order is accepted.
Article 32
Where production of a custom-made Product has commenced or the Order has already entered the manufacturing process, the paid deposit shall not be refundable, except where otherwise required by applicable law.
XIV. INVOICING
Article 33
Upon request, the Customer may receive an invoice for the purchased Products.
Invoices shall be issued based on the information provided by the Customer.
The Customer is responsible for ensuring that all invoicing information is accurate and complete.
XV. DELIVERY
Article 34
Products shall be delivered to the address specified by the Customer by means of:
Yambol Komers Ltd.'s own delivery service;
a courier service;
another delivery method selected by the Company.
Article 35
Delivery times depend on:
product availability;
the type of Product;
the delivery destination;
the manufacturing process for custom-made Products;
other objective circumstances.
Where a delivery period is indicated, it is provided as an estimated timeframe unless expressly agreed otherwise.
Article 36
If circumstances arise that may result in a delay in delivery, Yambol Komers Ltd. shall inform the Customer within a reasonable time.
XVI. ACCEPTANCE OF DELIVERY
Article 37
Upon receiving the Product, the Customer or a person authorised by the Customer should inspect the delivery.
If any visible damage, missing items or other discrepancies are identified, the Customer should immediately record them in the carrier's delivery documents or notify Yambol Komers Ltd. without undue delay.
Article 38
The Customer's signature on the delivery document shall confirm only that the Product has been received, unless expressly stated otherwise in the document.
Such signature shall not affect or limit the Customer's statutory rights where the Product does not conform to the sales contract.
XVII. TRANSFER OF RISK
Article 39
The risk of accidental loss of or damage to the Product shall pass to the Customer in accordance with the applicable legislation.
Where the Customer is a Consumer and the Product is delivered by a carrier arranged by Yambol Komers Ltd., the risk shall pass to the Consumer upon physical receipt of the Product by the Consumer or by a third party designated by the Consumer, other than the carrier.
Where the Customer independently appoints a carrier that has not been offered by Yambol Komers Ltd., the risk may pass to the Customer upon delivery of the Product to that carrier, insofar as this is permitted under the applicable legislation.
XVIII. RIGHT OF WITHDRAWAL
Article 40
Where the Customer qualifies as a Consumer under the applicable legislation and the contract has been concluded as a distance contract, the Consumer has the right to withdraw from the contract without giving any reason within the period provided by law.
The conditions and procedure for exercising this right shall be governed by the applicable consumer protection legislation.
Article 41
To exercise the right of withdrawal, the Consumer shall notify Yambol Komers Ltd. by:
a written statement;
e-mail;
the standard withdrawal form, where provided;
any other clear and unequivocal statement expressing the decision to withdraw.
The date on which the withdrawal notice is sent shall be deemed to be the date on which the right of withdrawal has been exercised.
Article 42
The Consumer shall return the Product in the condition in which it was received and shall be liable only for any diminished value of the Product resulting from handling beyond what is necessary to establish:
the nature of the Product;
its characteristics;
its proper functioning.
Article 43
Where the right of withdrawal has been validly exercised, Yambol Komers Ltd. shall reimburse all amounts received from the Consumer in accordance with the applicable legislation.
Unless otherwise expressly agreed, reimbursement shall be made using the same payment method used by the Consumer for the original transaction.
XIX. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
Article 44
The right of withdrawal shall not apply in the cases provided by the applicable legislation, including but not limited to:
Products manufactured according to the Consumer's individual requirements;
Products made to the Consumer's specific specifications;
Products produced according to the Customer's selected upholstery, colour, dimensions or other personalised characteristics;
any other cases expressly provided for by law.
XX. COMPLAINTS
Article 45
Consumers have the right to submit a complaint where a Product does not conform to the sales contract.
Complaints may be submitted:
at any Yambol Komers Ltd. retail store;
by e-mail;
by post;
through any other official communication channel made available by the Company.
Article 46
When submitting a complaint, the Consumer is encouraged to provide:
proof of purchase;
the warranty card, where applicable;
a description of the identified non-conformity;
photographs, where available.
The absence of a particular document shall not in itself deprive the Consumer of their statutory rights where the purchase can be established by other lawful means.
Article 47
Complaints shall be examined and processed within the time limits established by the applicable legislation.
XXI. LEGAL GUARANTEE
Article 48
All Products offered through the Online Store benefit from the statutory legal guarantee of conformity where such guarantee applies under the applicable legislation.
Article 49
The statutory legal guarantee shall not limit or exclude any other rights granted to Consumers under applicable law.
XXII. COMMERCIAL WARRANTY
Article 50
Where a commercial warranty is provided for a specific Product, its terms and conditions shall be set out in the warranty card or another document supplied to the Customer.
The commercial warranty is provided in addition to, and does not affect, the Consumer's statutory rights arising from the legal guarantee.
XXIII. LIABILITY
Article 51
Yambol Komers Ltd. makes reasonable efforts to ensure that the information published in the Online Store is accurate and up to date.
Nevertheless, temporary technical inaccuracies, typographical errors or other unintentional discrepancies may occur, and the Company reserves the right to correct such errors without prior notice.
Article 52
Yambol Komers Ltd. shall not be liable for failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including but not limited to:
force majeure;
technical failures;
power outages;
internet service interruptions;
actions of public authorities;
strikes;
epidemics;
natural disasters;
war;
other extraordinary and unforeseeable events.
Article 53
Nothing in these Terms and Conditions shall exclude or limit the liability of Yambol Komers Ltd. where such exclusion or limitation is prohibited under the applicable legislation.
XXIV. INTELLECTUAL PROPERTY
Article 54
All content published on the website https://mebelinovdom.com, including but not limited to:
text;
photographs;
images;
videos;
graphic elements;
logos;
trademarks;
website design;
software;
databases;
catalogues;
product descriptions;
and all other materials,
is protected by the applicable intellectual property legislation and is the property of Yambol Komers Ltd. or the respective rights holders.
Article 55
Without the prior written consent of Yambol Komers Ltd., it is prohibited to:
copy;
reproduce;
distribute;
publish;
modify;
use for commercial purposes;
extract website content through automated means;
use product photographs or descriptions;
except where such use is expressly permitted under applicable law.
XXV. PERSONAL DATA PROTECTION
Article 56
Yambol Komers Ltd. processes personal data in accordance with:
Regulation (EU) 2016/679 (GDPR);
the Bulgarian Personal Data Protection Act;
the applicable legislation of the Republic of Bulgaria and the European Union.
Detailed information regarding the processing of personal data is available in the Company's separate Privacy Policy.
Article 57
The website uses cookies and similar technologies in accordance with the published Cookie Policy.
Where required by applicable law, analytical, functional and marketing cookies are activated only after obtaining the user's valid consent.
XXVI. LINKS TO THIRD-PARTY WEBSITES
Article 58
The website may contain links to third-party websites.
Yambol Komers Ltd. is not responsible for the content, privacy policies or practices of such third-party websites.
Users access those websites entirely at their own discretion and risk.
XXVII. FORCE MAJEURE
Article 59
Neither party shall be liable for any failure to perform its obligations where such failure is caused by force majeure within the meaning of the applicable legislation.
Force majeure events may include, but are not limited to:
natural disasters;
fires;
floods;
earthquakes;
war;
terrorist acts;
strikes;
epidemics;
pandemics;
acts of public authorities;
other unforeseeable and unavoidable circumstances.
The affected party shall notify the other party within a reasonable period after becoming aware of the force majeure event.
XXVIII. ALTERNATIVE DISPUTE RESOLUTION
Article 60
In the event of a dispute, the Customer is encouraged to contact Yambol Komers Ltd. first in order to seek an amicable resolution.
The Company will examine every request in good faith and make reasonable efforts to reach a mutually acceptable solution.
Article 61
Consumers have the right to use alternative dispute resolution procedures in accordance with the applicable consumer protection legislation.
Information regarding Alternative Dispute Resolution (ADR) bodies is available on the website of the Bulgarian Consumer Protection Commission (CPC).
Article 62
Where applicable under European Union law, Consumers may also use the European Online Dispute Resolution (ODR) Platform.
XXIX. GOVERNING LAW
Article 63
Any matters not expressly regulated by these Terms and Conditions shall be governed by the laws of the Republic of Bulgaria and the applicable legislation of the European Union.
XXX. JURISDICTION
Article 64
The parties shall endeavour to resolve any disputes amicably.
Where an amicable settlement cannot be reached, disputes shall be submitted to the competent Bulgarian court in accordance with the applicable procedural legislation.
Nothing in this clause shall prejudice the mandatory rights granted to Consumers under the applicable rules governing jurisdiction.
XXXI. AMENDMENTS TO THE TERMS AND CONDITIONS
Article 65
Yambol Komers Ltd. reserves the right to amend these Terms and Conditions in the event of:
changes in applicable legislation;
changes to the Company's business activities;
introduction of new services;
changes in sales procedures;
other objective legal or operational reasons.
Any amendments shall be published on the website and shall enter into force on the date of publication unless otherwise specified.
The amendments shall not affect agreements already concluded, except where required by mandatory legal provisions or expressly agreed by the parties.
XXXII. FINAL PROVISIONS
Article 66
These Terms and Conditions shall enter into force on the date of their publication on https://mebelinovdom.com.
Article 67
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Article 68
Any matters not expressly regulated by these Terms and Conditions shall be governed by:
the Bulgarian Consumer Protection Act;
the Bulgarian Electronic Commerce Act;
the Bulgarian Obligations and Contracts Act;
the Bulgarian Act on the Supply of Digital Content and Digital Services and on the Sale of Goods;
Regulation (EU) 2016/679 (GDPR), where applicable;
the Bulgarian Personal Data Protection Act;
and all other applicable legislation of the Republic of Bulgaria and the European Union.
