Article 1. Introduction

These Terms apply to purchases made through the online store/e-commerce platform of KWIAT EOOD, available at kwiat.bg.

This portal is owned and operated by KWIAT EOOD, a limited liability company with its registered office in Sofia, Bulgaria, entered in the Commercial Register for Sofia-Capital, Tax/VAT number: BG 130899216 (hereinafter referred to as the “Company”).

Before placing an order, the Client should read and understand these Terms. By making a purchase through the online store, the Client accepts all provisions set out in these Terms.

Article 2. Definitions

For the purposes of these Terms, the following words and expressions shall have the meanings set out below:

Website – the online service available at kwiat.bg.

Online Store – the online sales service operated by the Company and made available to Clients for the purchase of Goods. The e-commerce platform is accessible at kwiat.bg.

Goods – the products offered for sale by the Company to Clients through the e-commerce platform.

Business Client – a natural person placing an order through the Website in the course of their trade, business or profession, or a legal entity, including an organisational unit without separate legal personality, on whose behalf a transaction is concluded.

Order – a properly completed order form submitted by a Client through the e-commerce platform (available on the Website), specifying the Client’s details and the Goods the Client wishes to purchase from the Online Store.

Transaction – the purchase of Goods by a Client through the e-commerce platform in accordance with these Terms and based on a duly submitted Order.

Payment – settlement of the amount due by bank transfer, payment card or any other payment method approved by KWIAT EOOD.

Article 3. Registration and Login

In order to purchase Goods through the e-commerce platform, the Client must first complete the registration process.

Registration is completed by filling in the Registration Form available on the Website at kwiat.bg.

To register, the Client must read and accept these Terms. By doing so, the Client also acknowledges and agrees that KWIAT EOOD may process the personal data required for the performance of Orders placed through the e-commerce platform, in accordance with the applicable data protection legislation.

Upon submission of the Registration Form, KWIAT EOOD shall send an email to the address provided therein confirming receipt of the registration details.

Following a thorough business verification process, and provided that the Client’s request for commercial cooperation is approved, KWIAT EOOD shall send an email to the address specified in the Registration Form confirming the activation of the Client’s account.

Once registered, the Client may access the e-commerce platform using the email address provided during registration and the password selected by the Client.

KWIAT EOOD reserves the right to refuse the registration of, suspend or deactivate a B2B account where the Client fails to demonstrate that it carries out commercial activities within the optical sector.

Article 4. Placing Orders

Clients may place Orders through kwiat.bg twenty-four (24) hours a day, seven (7) days a week.

After registering and logging into the Website, the Client may place an Order by selecting the desired Goods, adding them to the shopping cart and confirming the Order in accordance with the ordering procedure available on the Website.

The Goods are supplied together with the accessories and/or packaging specified in the description of the respective product. All Goods are brand new, free from defects and offered for sale in Bulgaria and throughout the European Union in compliance with the applicable legal requirements. The Company uses its best efforts to ensure that all Goods offered meet high quality standards and comply with all quality requirements adopted by the Company in relation to all forms of sale.

For any questions or issues relating to Orders or Transactions, Clients may contact the Company by telephone or email from Monday to Friday (excluding official public holidays), between 09:00 and 17:00.

The Company hereby informs Clients that the appearance of the Goods displayed through the e-commerce platform, including, without limitation, colours and shades, as viewed on the Client’s device (monitor, display or other screen) or as reproduced in printed images, may differ from the actual appearance of the Goods due to the individual characteristics, technical specifications and settings of the respective devices.

Article 5. Prices

The e-commerce platform provides information regarding its product range on kwiat.bg and offers for sale the Goods included in the e-commerce platform’s product database through its online service.

The prices displayed on the e-commerce platform next to each individual product:

– are quoted in EUR and are exclusive of VAT;

– do not include transportation or shipping costs;

– are quoted on an FOB Sofia, Bulgaria (Incoterms®) basis;

– constitute the final net prices and include all agreed permanent trade discounts.

The binding and final purchase price shall be the price displayed on the respective product page of the e-commerce platform at the time the Client submits the Order.

KWIAT EOOD reserves the right to amend the prices of the Goods offered through the e-commerce platform from time to time and to introduce, modify or discontinue special offers, promotions or sales campaigns at its sole discretion. Any such changes shall not affect Orders placed prior to the effective date of the relevant price change or promotional campaign. Such Orders shall be fulfilled under the prices and conditions applicable at the time they were submitted.

All transportation and shipping costs shall be borne by the Buyer unless otherwise agreed in a separate written agreement or expressly approved in writing by KWIAT EOOD.

Article 6. Payment and Delivery Terms

The payment and delivery terms shall be agreed individually with each Client in accordance with the applicable binding agreements concluded between the Parties.

Delivery shall be carried out in accordance with the courier’s delivery schedule applicable to the respective destination, with the Express Delivery service being used whenever reasonably available.

Unless otherwise agreed in writing between the Parties, Orders shall be dispatched only after confirmation of the Order and/or receipt of payment, as applicable.

Article 7. Personal Data

The personal data of any Client who has created an account on the Website or placed an Order shall be processed only to the extent necessary for the maintenance of the Client’s account and the performance of Transactions, in accordance with the applicable legislation governing the provision of information society services and the processing of personal data. KWIAT EOOD shall act as the data controller in respect of such personal data. The Client may withdraw its consent to receive marketing communications at any time.

By completing the registration process, the Client agrees to receive commercial communications from KWIAT EOOD, including information regarding special offers, promotions and updates to the Company’s product portfolio. The Client may withdraw such consent at any time in accordance with the applicable legislation.

Clients shall have the right to access, rectify, restrict the processing of, erase, or otherwise exercise their rights in relation to their personal data in accordance with the applicable data protection legislation. Requests concerning personal data may be submitted to KWIAT EOOD, 1A Plachkovitsa Street, Lozenets District, Sofia, Bulgaria, or by email to headoffice@kwiat.bg. Where such a request is submitted by email, it should be sent from the email address associated with the Client’s account and used for the relevant Transaction.

Article 8. Licences, Trademarks and Copyright

KWIAT EOOD makes every reasonable effort to ensure that the information published on its Website is accurate, complete and up to date. To the extent permitted by applicable law, the Company shall not be liable for any errors or inaccuracies unless they result from its gross negligence or wilful misconduct. KWIAT EOOD assumes no responsibility for the content of websites operated by third parties or for any external links leading to or from its Website. The colours of the Goods displayed in photographs may differ slightly from the actual colours of the respective products.

Licences – KWIAT EOOD strives to provide an innovative and informative Website. Please note that the Company seeks to protect its intellectual property rights, including, without limitation, its patents, trademarks, copyrights and other proprietary rights. Accordingly, nothing contained on this Website shall be construed as granting, whether expressly or by implication, any licence or right to use any intellectual property owned by KWIAT EOOD or by any third party.

Trademarks – Unless otherwise indicated, all trademarks, trade names, logos, product names, model names, service marks and other distinctive signs displayed on this Website are the exclusive property of KWIAT EOOD or are used under a valid licence and are protected under the applicable trademark laws.

Copyright – © KWIAT EOOD. All texts, photographs, images, graphics, video materials, website design, layout and any other content published on this Website are protected by copyright and other intellectual property rights. No part of this Website may be copied, reproduced, distributed, modified, transmitted, published or otherwise used for commercial purposes without the prior written consent of KWIAT EOOD. Certain images and materials displayed on the Website may be subject to the intellectual property rights of third parties.

Article 9. Payment Methods

Payment may be made by Visa or Mastercard debit, credit or business card.

Card payment transactions are processed through the secure Mastercard Identity Check and Visa Secure authentication programmes via the DSK Bank e-commerce payment platform.

KWIAT EOOD does not store, process or have access to the payment card details used for transactions made through the Website.

Article 10. Final Provisions

The provision of services may be suspended or terminated in the following cases:

1. KWIAT EOOD reserves the right to suspend the provision of services by blocking a Client’s account where the Client has seriously or repeatedly:

– interfered with or disrupted the operation of the e-commerce platform;

– acted to the detriment of KWIAT EOOD by breaching these Terms;

– failed to make payment for an Order within the time limits specified in these Terms;

– unjustifiably refused to accept an Order shipped on a cash-on-delivery basis.

2. Where a Client has not breached these Terms but the Client’s conduct is considered inappropriate or undesirable, KWIAT EOOD may notify the Client by email and request that such conduct cease immediately.

3. A blocked Client account may be reactivated upon receipt of an explanation submitted by the Client to headoffice@kwiat.bg, provided that KWIAT EOOD, at its sole discretion, considers such explanation satisfactory.

4. The provision of services may be resumed through the reactivation of the Client’s account at the sole discretion of KWIAT EOOD.

The suspension or termination of the provision of services shall not affect the validity or performance of any contracts concluded between the Company and the Client prior to the suspension or blocking of the Client’s account.

Any matters not expressly governed by these Terms shall be subject to the applicable laws of the Republic of Bulgaria.

The names, trademarks and designations of all products offered for sale by KWIAT EOOD through the Online Store are used solely for identification purposes and may be protected by applicable intellectual property laws.

Should these Terms be amended, all Orders placed prior to the effective date of such amendment shall continue to be governed by the version of the Terms in force at the time the respective Order was submitted.

For any matters relating to transportation, replacement of Goods or complaints, Clients are encouraged to contact KWIAT EOOD directly in order to agree on an appropriate individual solution.