General terms and conditions for products and services offered by the Online Flowers and Gifts Shop Jardin www.jardin.bg
This document (together with all the documents mentioned here) governs the terms and conditions for using the www.jardin.bg website and purchasing products from it, regardless of the technological means through which it is accessed, hereinafter referred to as ” General terms”.
General Terms and Conditions for Purchase and Sales Agreements – Distance Sales within the meaning of the Consumer Protection Law between Boutique Jardin EOOD, hereinafter referred to as the SUPPLIER,
Тhe person who has agreed to these General Terms and Conditions, hereinafter referred to as the CONSUMER (ORDERING PARTY), in connection with the ordering and purchase of the goods offered through the online store www.jardin.bg. By using the Website and ordering products or services, you accept and agree to all listed terms and conditions. If you do not agree with one or more of the terms and conditions described on this website, you have the right to refrain from using it and from ordering products through it. Otherwise, you will automatically be considered to have accepted all the terms and conditions listed on the pages of this website.
Article 1. The provider publishes at www. jardin.bg
Paragraph 1. A description of the main characteristics and a picture of each product.
Paragraph 2. The selling price, including VAT, as well as a tariff for the costs of the courier or transport costs, not included in the price of goods related to their delivery;
Paragraph 3. Information on the methods of payment, delivery and execution of the contract;
Paragraph 4. The right of the Consumer and the conditions and manner of exercising it shold he decide to withdraw from the contract and the conditions under which the goods can be returned, except in cases under the Consumer Protection Act.
Paragraph 5. Any other information that the Supplier is obliged to provide to the Consumer in good time before purchasing the goods from the User as set by Bulgarian law.
Art.2. A contract of distant selling is concluded following the submission of a valid request by the Consumer. A request submitted within the meaning of these General Terms and Conditions shall be considered as received and confirmed by the Supplier.
Art. 3. In order to make valid purchase orders for the goods offered at www.jardin.bg, the Consumer must provide the required and correct information. The Consumer ensures that the information he provides during the ordering process is correct, complete and accurate.
Art.4. Order, payment, delivery
Paragraph 1. Registration on the website is not mandatory for ordering flowers, baskets, bouquets, floral arrangements, potted plants or gifts through the online Boutique For Flowers and Gifts “Jardin”.
Paragraph 2. All your data as well as the recipient’s data will only be used for the correct execution of your order. The online Flowers and Gifts Boutique Jardine guarantees the confidentiality of your personal data as well as the security of your banking secrecy.
Paragraph 3. We reserve the right to notify you of our current proposals through the communication channels.
Paragraph 4. You can order a product from our website www.jardin.bg in the following ways:
- Online 24 hours a day / 7 days a week through our website www.jardin.bg;
- By phone (A1 Telecom Users): +359 887 44 00 96 and (Telenor Telecom Users): +359 894 672 845 from 8:00 to 20:00, if the payment is done by a bank transfer, or by using Easy Pay from 8:00 to 20:00;- – By email: firstname.lastname@example.org, if the payment is done by bank transfer or by using Easy Pay.
Paragraph 5. Orders placed online and paid outside working hours are confirmed the following morning.
Paragraph 6. It is advisable to order at least one day in advance, but the sooner the better. Orders to be delivered the same day are accepted only for the city of Burgas and the cities along the Southern Black Sea Coast, to which we deliver from our depot in the city of Burgas and for the big cities in the country. For smaller towns in the country, PLEASE CHECK WITH US!
Paragraph 7. Express orders can be delivered within 3 hours after payment is made but only for the town of Burgas. We can also deliver to the Black Sea coastal cities within a day of the order, but the time of delivery has to be confirmed. For other cities in the country – PLEASE CHECK WITH US!
Paragraph 8. Payment must be done at least 3 hours before the specified delivery interval.
Paragraph 9. The Delivery of flowers and gifts priced in excess of BGN 20, is complimentary for the city of Burgas. The delivery costs to the other cities are additionally charged, depending on the place of delivery and the terms for completion of the order. The prices of the products on the site do not include the Shipping Fee. Read more in the DELIVERY FEES section.
Paragraph 10. The delivery of flowers to the city of Burgas and the cities on the Southern Black Sea Coast are done by our courier from our depot in the Burgas.
Paragraph 11. Delivery of flowers in the country can be done to almost all towns served by the offices of Econt Express or with the help of our PARTNER NETWORK of flower shops.
Paragraph 12. Delivery time – Please specify your preferred delivery time, but it will only be complied with whenever possible. In cases of busy schedules, heavy traffic, or deliveries to remote settlements or any other reason preventing the ability to deliver, the fixed exact hour will not be complied with.
Paragraph 13. Deliveries are made from 08:00 to 20:00 hrs.
Paragraph.14. For Valentine’s Day and March 8th – we DO NOT commit to exact delivery deadlines.
Paragraph 15. The orders for the city of Burgas and the cities on the Southern Black Sea Coast are executed within 3 hours following receipt of payment for your order.
Paragraph 16. For cities in the country, we can execute orders either with a PARTNER NETWORK or with the use of a courier company from Tuesday morning to Saturday morning includrd. FOR HOLIDAYS AND WEEKENDS, PLEASE CHECK WITH US whether delivery is possible before ordering.
Paragraph 17. Delivery order for the country when a courier company is used, must be placed no later than 16:00 hrs. of the previous day. If done after 16:00 hrs., it will probably be executed the following day.
Paragraph 18. For small settlements in the country, orders for Saturdays, Sundays, Mondays and public holidays are only shipped through a partner flower delivery network. PLEASE CHECK WITH US BEFORE ORDERING whether delivery is possible and what is the delivery fee. Read more in the DELIVERY FEES section.
Paragraph 19. For a delivery to a small town, please check in advance the delivery schedule of Econt Express. Small settlements are often served only 2 or 3 times a week. And there is no priority delivery time.
Paragraph 20. For delivery orders in the country it is possible to specify a delivery time, we will try to keep it but cannot guarantee it. In small towns where there are no Econt Express offices,delivery is done within normal business hours.
Paragraph 21. Delivery is made only following receipt of your payment and our confirmation on the email address you had provided that the amount has been received and delivery can be made. For more information, please see our terms in the HOW TO ORDER section.
Paragraph 22. Important! If you are abroad and choose to pay via BANK TRANSFER from a bank in that country, in addition to the cost of the bouquet and the delivery fee, you must add BGN 20.00 for an international bank transfer.
Paragraph 23. The goods are delivered to the delivery address of the Customer or to a third party (recipient) – a representative of the Customer, who accepts and acknowledges the receipt of the same on behalf of the Customer. Upon delivery of the goods, the Customer or the third party (recipient) – a representative of the Customer, shall sign the accompanying documents, which serve as a confirmation of the delivery of the goods. In the event the recipient is not found within the time limit set for delivery to the address specified by him or the access and conditions for the delivery of the goods are not provided within that period, the Supplier shall be released from his obligation to deliver the ordered goods.The Supplier returns the goods to the store for safekeeping for 24 hours, and the Customer will be notified by telephone or by email submitted by him in the contact from where he can receive the delivery. In the event that the recipient refuses to receive the delivery, the Customer will be notified by phone or e-mail indicated by him in the contact, from where he can receive delivery within the next 24 hours.The consumer can confirm his wish to receive the goods at another address, bearing all costs of delivery. In this case, a new delivery time deadline starts to run from the moment of confirmation under the previous sentence.
Paragraph 24. For the order to be completed correctly and on time, it is necessary to fill in correctly all the spaces marked as mandatory in the form with the delivery data.
Paragraph 25. The Provider will take no responsibility for failed deliveries due to the absence of the recipient at the specified address, due to incomplete or inaccurate address and name of the recipient, owing to the refusal of the recipient to accept delivery or in cases of unwillingness (inability) of the recipient to answer the courier or accept his telephone calls, or the inability of the courier to reach the recipient.
Paragraph 26. In order to guarantee the fulfillment of the order, when providing the details of the recipient and the sender, it is necessary to confirm whether you allow us to call the recipient in advance or ask for confirmation that the recipient will be at the address given by you for delivery at the time specified by you and will accept delivery.
Paragraph 1. Ensures that the information in the store is always kept correct and up-to-date, but does not guarantee its accuracy and completeness;
Paragraph 2. Is not responsible for not providing access to the store, as well as for the non-processing or untimely processing of purchasing orders under the circumstances beyond his control – cases of force majeure, accidental events, problems on the Internet;
Paragraph 3. Does not guarantee that access to the online store will be uninterrupted, timely, secure and error-free, insofar as it is beyond its ability, control and will;
Paragraph 4. Insofar as he does not have the ability to change, control or otherwise affect the quality and suitability for the use of the goods requested by the User, he is not responsible for their compliance with the applicable regulatory requirements and their qualities;
Paragraph 5. If some of the flowers ordered are out of season or are not available at the moment, they will be replaced by flowers equivalent in aesthetics and price, at the discretion of the florist, while keeping the volume, shape, color scheme and price of the ordered flower arrangement (bouquet, basket, flowers in a box, floral arrangement in a container, etc.).
Paragraph 6. The supplier has the right to change a product with another equivalent and similar to the ordered one in case of its temporary lack – it applies to plush toys, chocolates, wines, gifts. In the case of flowers, it may be possible to replace a flower if it is out of season or for some other reason not supplied by the Supplier’s partner.
Paragraph 7. Shall not be liable for damages caused to the software, hardware or telecommunications equipment, or for the loss of data arising from materials or resources, solicited, downloaded or used in any way through it;
Paragraph 8. Insofar as he has no objective opportunity and obligation and does not control the websites and resources made available through the electronic links placed in the store and in the profile;
Paragraph 9. It is not responsible for the illegal nature of the content and materials contained on these websites and resources;
Paragraph 10. Is not responsible for the damages and lost profits arising from the use, access or unreliability of these materials and content;
Paragraph 11. there is no obligation and objective ability to control how the Customer uses the store.
Article.3. The Customer undertakes obliges to:
Paragraph 1. Indicate in the recipient data form – name and surname, exact and valid telephone number, city/town, exact delivery address, delivery date.
Paragraph 2. Specify in the Sender Data form – name and surname, exact and valid telephone number and e-mail address for electronic correspondence;
Paragraph 3. To pay the price of the goods ordered by him;
Paragraph 4. To pay the shipping costs, except in cases where the delivery costs are covered by the Supplier;
Paragraph 5. To receive the goods or to provide correct contact information of another person who would receive the goods;
Paragraph 6. Take full care and take all reasonable steps required to protect his password;
Paragraph 7. Not to disclose to third parties his password and to notify the Supplier immediately in case of unauthorized access to his profile, as well as of the probability of such thing happening;
Paragraph 8. In view of the specifics of Internet protocols and the security of password protection, to terminate the session at which he or she entered his profile by pressing the exit button;
Paragraph 9. Do not submit bogus or invalid requests or other incorrect information. The user is solely responsible for safeguarding his password, as well as for any action taken by him or a third party through the use of the password.
Article.4. The user has the right to:
Paragraph 1. An Online access to the Supplier, subject to the conditions and requirements for access, except in circumstances beyond the control of the Supplier – cases of force majeure, accidental events, problems on the Internet;
Paragraph 2. Online access and correction of personal data;
Paragraph 3. To refuse an order of flowers (fresh flowers, bouquets, floral arrangements and foam base flower arrangement baskets) until 9 pm on the day preceding the day of delivery and the amount will be refunded from 24 to 72 hours from the time of the request (in Bulgaria). Otherwise, in the case of cancellation on the day of delivery, the amount is not refundable. Cancellation of orders can be made by phone at +359889440096 or via e-mail email@example.com Cancellation of delivery is only considered valid if accepted and confirmed by email from: firstname.lastname@example.org or is made by calling +359887440096.
Paragraph 4. To withdraw from the contract remotely or off-premises without giving any explanations, without owing compensation or penalty, to return the goods purchased by him (souvenirs, gifts, pot flowers) within 14 working days from the date of the purchase and for this purpose the goods must be in their original box, without any traces of use or distorted commercial appearance, in accordance with the provisions of Article 55 of the CPL (Consumer Protection Law). The courier (transport) costs for returning the purchased goods back to the merchant are assumed by the Customer. The Supplier is obliged to refund all prepaid amounts in full within 14 days of the date on which you exercised your right of withdrawal.
Paragraph 5. According to the Electronic Commerce Law and the Consumer Protection Law, you have the right to return the goods received, corresponding to the definition of the goods for which the consumer has the right to cancel the purchase contract (souvenirs, gifts, potted plants), within 14 days of its receipt, and be refunded in full the paid amount, excluding delivery costs and costs related to the payment method chosen. Your obligations under the laws cited require you to take care of the flawless commercial appearance and assembly (packaging, accessories) of the product purchased. For this purpose, the goods must be in their original packaging and boxes, without any signs of use or distorted commercial appearance, in accordance with the provisions of Article 55 of the CPL. The courier (transport) costs for returning the purchased goods back to the merchant are at the expense of the Customer. In this case, a mandatory photo of the delivery, made on the day and time of delivery, accompanied by your disagreement arguments, is required. You can submit a similar complaint and disagreement with your order within 24 hours of the date of delivery.
Article.5. In the case of outstanding issues, the client has the right to refer the issues in question to our associate at the address indicated and in a spirit of understanding find a solution to the problem.
Article.6. The user is obliged to:
Paragraph 1. Follow the terms and conditions for submitting complaints posted on the e-commerce website email@example.com and declare that he considers himself bound by these terms and conditions.
Paragraph 2. To follow the Bulgarian legislation, the present General Terms, Internet Ethics, the rules of morals and good morality in general;
Paragraph 3. Not to violate any property or non-property rights, including intellectual property rights;
Paragraph 4. To notify the Supplier immediately of any case of committed or discovered infringement while using the store;
Paragraph 5. Not to interfere with the proper operation of the system, including, but not limited to, not to interfere with the procedure of identification of another Customer, not to access outside the one provided, not to prevent other Customers from using the store;
Paragraph 6. Not to retrieve, by technical means or in a technical manner, information resources or parts of information resources belonging to the databases located in the store and thus not to create its own database in electronic or other form;
Paragraph 7. Not to impersonate another person or representative of a legal entity or group of persons whom he is not authorized to represent or otherwise mislead third parties about their identity or affiliation with a particular group of persons;
Paragraph 8. Not to commit malicious acts within the meaning of these Terms and Conditions.
Paragraph 9. In the event of non-compliance with the obligations, the Supplier shall be entitled to compensations for all damages sustained and loss of revenues, which are of direct and immediate consequences of the Customer’s failure to fulfill the obligations under the preceding paragraph. In such cases, the Supplier has the right to bring the matter to the attention of the competent public authorities.
Article 7. All disputes between the parties shall be settled in a spirit of understanding and goodwill. In the event that an agreement is not reached, all outstanding disputes arising from or relating to the contract between the parties, including disputes arising out of or concerning its interpretation, invalidity, performance or termination, and disputes to fill in the gaps in the contract or its adaptation to new circumstances will be resolved by the competent court in the city of Burgas.
Relevant alternative dispute resolution bodies you can contact:
- Alternative dispute resolution (ADR) or
- Use the Online Dispute Resolution (ODR) web site
- For more information, contact the Commission for Consumer Protection.
Article.8. Persons under the age of 18 have no right to order alcohol!
Article.9. Boutique Jardin Ltd. is not a manufacturer of cakes, pastries, chocolates and candies, wine and alcohol. Cakes are offered only for the city of Bourgas and the cities along the Southern Black Sea coast with the use of an own courier. Please CHECK if a cake can be delivered to your location.
Article.10. Issuing an invoice.
If you need an invoice, please fill in the invoice details field correctly.
Article 11. Arrangements for different types of events, wedding bouquets and decorations or other special events should be specified directly between the florist at the online Boutique
Flower and Gift Shop Jardine and the customer within the time-frame allowing the preparation and delivery of the required items and flowers.
Article 12. The Supplier reserves the right to refuse deliveries in specific cases.
Article 13. Payment options are described in the PAYMENT section.
Article 14. Changes in prices and services. The website www.jardin.bg reserves the right to change the prices of the goods and services offered in the online store without informing its customers in advance. For orders already made and paid, the price that was actual at the time of placing the order and its payment is valid.
Article 15. Refunds for products and services paid with credit or debit card.
Para 1. If a Customer has paid for their order through a card transaction or through the e-Pay system and there is a need for a refund, this process is carried out
– only through a reversed card operation to the same card account of the Customer.
Para 2. If a payment is made through PayPal and there is a problem, then the refund (if it shall happen) will only be made to the account through which it was paid.
Article 16. Site content and copyright.
Paragraph 1 All materials published on the website www.jardin.bg (photos, texts, articles, descriptions, tables, etc.) are subject to the copyright and property of “Boutique Jardin” Ltd.
Paragraph 2. The use, copying and distribution for commercial, non-commercial or any other purpose, of any part of the content of the site, without the written consent of the Manager of Boutique Jardin Ltd. is absolutely forbidden, and violators will be held legally responsible.
Paragraph 3. The use, copying and processing of photographs from the site in any form is absolutely prohibited.
Paragraph 4. The use of website’s blog articles or any other texts on the website is only allowed when the source is indicated, namely that the text is accompanied by an active link to the original article on www.jardin.bg and the Manager of ” Boutique Jardin EOOD has been informed of this by email at firstname.lastname@example.org, and has given his consent, and in the email the link to the website where you would like to use the relevant material is indicated. Boutique Jardin Ltd. reserves the right not to allow the publication of texts from the blog or other pages of the site, as well as photographs, without giving any explanation.
Article 17. References to this site.
References to this site are permitted only with the consent of the Manager of Boutique Jardin EOOD.
Jardin Boutique EOOD
Burgas, 11 Aboba Str., PO Box 6
Identification number: BG204 639 244
Phone number: 0887440096
Last update: 15.10.2019 г.
MODEL WITHDRAWAL FORM
Annex 6 to Art. 47, para. 1, item 8 and art. 52, para. 2 and 4 of the CPL
The consumer has the right, within 14 days, to unconditionally withdraw from a distance or off-premises contract without paying any costs, except those for delivery, if he has chosen a method of delivery deferring from the most financially convenient for the merchant, as well the cost of returning the goods back. The 14-day period begins on the date of:
- conclusion of the contract – in case of a service contract;
- acceptance of the goods by the Customer or by a third party other than the carrier
Within 14 days of the request for cancellation, the Customer must return the goods to the trader. Within 14 days of being informed of the Customer’s decision to withdraw from the contract, the trader shall reimburse all amounts received from the Customer, including delivery costs.