Terms and Conditions of Use
Terms and Conditions of Use
Last updated: 21.03.2018
CONTENTS:
I. INTRODUCTION
II. PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS
III. INFORMATION ABOUT THE PROVIDER
IV. SUBJECT MATTER OF THE TERMS AND CONDITIONS
V. CHARACTERISTICS OF THE WEBSITE
VI. REGISTRATION
VII. FILING OF A REQUEST FOR PROVISION OF AN OFFER FOR A SELECTED PRODUCT
VIII. PRICING AND PAYMENT TERMS
IX. DELIVERY
X. WARRANTY
XI. CLAIMS
XII. FORCE MAJEURE
XIII. EXEMPTION FROM LIABILITY
XIV. PERSONAL DATA PROTECTION
XV. LINKS TO THIRD PARTY WEBSITES
XVI. NEWSLETTER SUBSCRIPTION
XVII. INTELLECTUAL PROPERTY RIGHTS. LIMITATIONS OF USE
XVIII. FINAL PROVISIONS
I. INTRODUCTION
Welcome to https://www.optonicaled.com (hereinafter referred to as "Web site" or "Website"), which is operated by "PRIMA GROUP 2004" LTD. and may be accessed worldwide.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT: [email protected]. IF YOU DO NOT AGREE TO ANY OF THE CONDITIONS CONTAINED IN THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEBSITE.
II. PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS
1.1 These Terms and Conditions have been prepared and intend to regulate the relations between "PRIMA GROUP 2004" LTD. a company, registered in the Commercial Register at the Registry Agency with UIC: 131205029, having its seat and registered address at: Republic of Bulgaria, Sofia, p.o. box 1784, Mladost 1, “Mitropolit Serafim Slivenski” Street, bl. 144, Ground Floor, telephone: +359 2 988 45 72; +359 2 988 45 89, e-mail address: [email protected] and website: https://www.optonicaled.com/, hereinafter referred to as "Provider", and the users of the Website, hereinafter referred to as "Users", in connection with the use of the website. These Terms and Conditions also regulate the delivery of any product/s purchased by the User, who has contacted the Provider through the use of this Web site. By ordering a product, the User agrees to be legally bound by a purchase agreement regulated by these Terms and Conditions and the applicable law.
1.2 For the purposes of these Terms and Conditions:
a/ Provider is "PRIMA GROUP 2004" LTD.
b/ User/s is/are:
- the visitor/s to the Website https://www.optonicaled.com/;
- the individual who has contacted the Provider by sending a message via the contact form of the website;
- the individual who has contacted the Provider by sending a message via an online Product Request Form for receiving an offer for a selected product;
- the individual who has contacted the Provider by sending a message via an online Enrollment Form for being approved as an official Distributor of the Provider;
c/ Contact Form is a provided formular in an electronic form, that is available at https://www.optonicaled.com/ and which full completion is a condition for contacting the Provider.
d/ Product Request Form is an online form available on the Provider's website https://www.optonicaled.com/ for receiving of an offer regarding the products offered by the Provider.
e/ Enrollment Form for approval as an Official Distributor of the Provider is an online form available on the Provider's Web site https://www.optonicaled.com/, the complete completion of which is a condition for contacting the Provider about the intention of the User to become an Official Distributor of the Provider.
f/ Newsletter subscription is including an User’s e-mail address in a list with e-mail addresses where the owner of the e-mail address receives updated information about the products offered by the Provider.
1.3 These Terms and Conditions provide information about:
-Identification of the Provider;
- Subject matter of the Terms and Conditions;
- Characteristics of the Website;
- The conditions for filing a request for provision of an offer for a selected product/s;
- Pricing and payment terms;
- Delivery;
- Warranty;
- Claims;
- Force Majeure;
- Exemption from liability;
- Personal data protection;
- Links to third party websites;
- Intellectual property rights. Limitations of use;
- Final provisions - applicable law; written form for validity; amendments to the terms and conditions; partial invalidity; settlement of disputes.
III. IDENTIFICATION OF THE PROVIDER
1. Name of the Provider:"PRIMA GROUP 2004" LTD.
2. Seat and registered address:Republic of Bulgaria, Sofia, p.o. box 1784, Mladost 1, “Mitropolit Serafim Slivenski” Street, bl. 144, Ground Floor.
3. Contacts:Republic of Bulgaria, Sofia, p.o. box 1784, Mladost 1, “Mitropolit Serafim Slivenski” Street, bl. 144, Ground Floor, telephone: +359 2 988 45 72; +359 2 988 45 89, e-mail address: [email protected].
4. Data for entry in the commercial register and any other public register:
- PRIMA GROUP 2004" LTD.. is a company, registered in the Commercial Register at the Registry Agency with UIC: 131205029.
5. PRIMA GROUP 2004" LTD. is a VAT registered company under the Value Added Tax Act.
IV. SUBJECT MATTER OF THE TERMS AND CONDITIONS
2.1 The Provider has created the Website https://www.optonicaled.com/, which contains detailed information about the products offered to the Users.
2.2 The Provider provides and the Users undertakes to use the website under the conditions set forth in these Terms and Conditions.
V. CHARACTERISTICS OF THE WEBSITE
3.1 The website is not an e-shop. It is created to inform Users about the products offered by the Provider and the latter to be contacted if the User wishes to order any of the products offered and advertised on the website and also if the User wishes to become an official Distributor of the Provider, or User’s e-mail address to be included in a list with e-mail addresses where the owner of the e-mail address receives updated information about the products offered by the Provider
3.2 The website includes comprehensive information on:
- Information about the Provider;
- All types of products that the Provider offers to Users;
- Information about how to contact the Provider;
- News published by the Provider;
- List of official Distributors of the Provider and contact details of such distributors.
VI. REGISTRATION
4.1 The registration on the website is voluntary and free of charge. Registration is necessary in order the Users to be informed about the prices of products and availability of the products that the Provider offers. To register, the User shall select the "Register" button and fill out a registration form in which the following data shall be filled: username, e-mail address, password, first name, last name, phone number, language selection, country. Optional fields in the registration form include: company name, UIC, website address. After filling the required information, the User shall click the "Complete Sign Up" button.
4.2 By completing the registration procedure, an User’s account is created on the web site. To sign up the User shall his/her username and password.
4.3 The User confirms that the information provided during the registration is correct. The Provider is not responsible for any typographical errors or misrepresentations of information or information presented in a misleading manner.
VII. FILING OF A REQUEST FOR PROVISION OF AN OFFER FOR A SELECTED PRODUCT
5.1 No registration is required to use the Website. No registration is required for a provision of an offer for a selected by the User product.
5.2 In order to receive an offer for a selected Product, the User shall fill and submit the Product Request Form. Once the desired product is selected, the User shall enter the quantity for which the User wishes to receive an offer and click "Ask for Price" button. After the actions have been completed, the Quiq Order appears, where the User shall fill name, e-mail address and content of the message. This data is required in order the Provider to contact the User in connection with sending a quotation containing the price of the selected product. By filling out the form and clicking the "Send Message" button the User declares that he is familiar with these Terms and Conditions, agrees with their content and undertakes to comply with them.
5.3 Filling out the Quiq Order does not bind the User to enter into an agreement with the Provider. After filling out the Quiq Order and clicking the “Send Message” button, the Provider confirms the receipt of the request by sending an individual offer to the specified e-mail address. Sent to the e-mail address of the Provider by the User acceptance of the provided offer is considered as a conclusion of a purchase agreement between the Provider and the User.
5.4 Inquiries about products not advertised on the Website as well as other questions about the products offered by the Provider may be sent using the contact form of the Website at: https://www.optonicaled.com/en/contacts/, after filling a name, e-mail address and also the message stating the request. By filling out the form and clicking the "Send Message" button, the User declares that he is familiar with These terms and Conditions, agrees with their content and undertakes to observe comply with them. The Provider responds to the request within 48 hours.
VIII. PRICING AND PAYMENT TERMS
6.1 For the requested by the User products in the filled Product Request Form, the Provider sends an offer containing the prices of the selected products. The prices quoted in the offer do not include the cost of delivery of the products and possible costs of customs duties, fees collected in connection with customs clearance of documents and other charges. All shipping costs are additionally paid in addition to the price of the ordered products.
6.2 Payments of products ordered may be made in one of the two ways:
- by bank transfer, by transfer to the bank account of the Provider:
- through the PayPal System.
6.3 The User shall pay the Provider in advance the whole amount indicated in the offer. When making a bank payment, the User shall pay the bank fees or commissions.
IX. DELIVERY
7.1 The Provider delivers the products ordered by the User at a specified by the User address. The Provider delivers the ordered products worldwide with the help of courier organizations selected by the Provider. For each delivery, the Provider provides a shipping quote when the delivery address has been provided by the User.
7.2 The ordered and paid products shall be dispatched within 24 hours (on working days). The delivery terms are determined by the chosen courier organization and will be further specified for each particular order. The Provider is not responsible for any delays in delivery, as well as for any delays associated with customs clearance.
7.3 The Provider provides the User information on the dispatch of the products on the day the products are handled to the courier organization.
7.4 The delivery will be free of charge to addresses in all member states of the European Union for orders at the amount of 4.999 Euros excluding VAT.
7.5 The products are handed over to the User against a signature certifying that the products have been received.
X. WARRANTY
8.1 The Provider delivers products to the User with a production or commercial warranty of 24 /twenty-four/ months from the date of the invoice.
8.2 The Provider provides the User a written warranty containing the content and scope of the warranty, the duration of the warranty, the territorial scope of the warranty, the name and address of the authorized service to which the warranty shall be lodged.
XI. CLAIMS
9.1 In the event that the delivered products do not correspond to the ordered products, the User undertakes to notify the Provider within three days after receipt of the products. The Provider will replace the products at his expense.
9.2 In the event of obvious defects or damages in the delivered products, which significantly reduce the price of the product or its suitability for use, the User undertakes to notify the Provider within six months of receipt of the products. Within 14 days, the Provider will offer the User a choice of one of the following three options: - to return the product and reimburse the price together with the cost of the order; - to keep the product and reduce its price; - defects or damages to be remedied at Provider's expense.
9.3 The User, who has the quality of a consumer within the meaning of the Consumer Protection Act, has the right to return the purchased products, which are not opened, used and damaged. The user undertakes to notify the Provider of the intention to return the purchased products within 14 days of receipt of the products. In order to refund the amount paid, the products shall not have been used and shall be returned in excellent condition to the Provider and in the original packaging together with the purchase documents within 14 days from the date of claiming the return of the products. All direct costs for returning of the products are at the expense of the User. The Provider refunds the amount paid by the User for the purchased product/s within 14 days of the date on which the Provider has been notified by the User about the decision to return the purchased products.
XII. FORCE MAJEURE
10.1 The Provider shall not be held liable for total or partial failure to deliver the ordered product/s, including a delay in delivery or defect and/or damage of the product if it is due to "Force Majeure" (Force Majeure). "Force majeure" means an extraordinary circumstance (event) that arose after the signing of the agreement, could not be foreseen and is not dependent on the will of the parties, such as: fire, industrial accidents, military actions, natural disasters - storms, torrential rains, floods, hailstorms, earthquakes, ice, drought, landslides, etc. natural elements, embargo, government bans, strikes, riots, etc.
10.2 In the event that the Provider has been unable to fulfill its obligations due to a force majeure, the Provider shall be obliged within 10 days to notify in writing the User of its occurrence, as well as the supposed period of validity and termination of force majeure.
XIII. EXEMPTION FROM LIABILITY
11.1 The information on this website could include technical inaccuracies or errors although the Provider uses reasonable efforts to keep all the information on this website up to date. The Provider has the right to make changes and improvements to this Web site at any time. The Provider assumes no liability or responsibility for any errors or omissions in the content on this website. The Provider assumes no liability or responsibility for any damages or losses incurred for the Users as a result of the use of this website and the materials from this website.
11.2 The Provider is entitled to make changes to the products offered or to cease offering some of the products offered.
XIV. PERSONAL DATA PROTECTION
12.1 The Provider understands the privacy concerns of the Users to this Website regarding the protection of personal data and is committed to protect their personal data by applying all the standards for protection of personal data in accordance with current legislation. The Provider respects the privacy of individuals and undertakes every effort to protect the personal data of individuals against unlawful processing by applying the technical and organizational measures, which measures are entirely consistent with state-of-the-art technological developments and provide a level of protection that corresponds to the risks associated with the processing and the nature of the data that should be protected.
12.2 When the User provides personal data in connection with the use of this website, the Provider ensures that the personal data will be used in accordance with the provisions of this section of these Terms and Conditions.
12.3 When collecting and processing personal data the Provider collects and processes personal data, which are provided directly by the User, for whom the data relate and are necessary for creating an account of the User, for sending of promotional e-mails, as well as for contacting the User by phone or e-mail for providing of an offer or information about a specific product.
12.4 The Provider collects and processes only the following data, which are related to the physical identity of Users, namely:
- name;
- e-mail address;
- phone number.
12.5The Users have the following rights, namely:
- Right to information;
- Right to access to the collected and processed personal data;
- Right to rectification;
- Рight to erasure (‘right to be forgotten’);
- Right to restriction of processing;
- Right to data portability;
- Right to object;
- Right not to be the subject of a decision based solely on automated processing involving profiling that produces legal consequences for the Data User or similarly affects him or her
- Right to be informed about the personal data breach;
- Right to judicial and administrative protection;
- Right to compensation and liability.
12.6 Users have the right, when entering their personal data, to choose that they want the data provided to be used for direct marketing purposes. In the event that the User has agreed that his or her personal data to be used for direct marketing purposes, he may at any time withdraw his consent by notifying the Provider.
12.7 The Provider has the right to disclose the personal data processed to the following categories of persons, namely:
- individuals to whom the data relate;
- individuals, if provided in a legal act;
- courier organizations delivering the ordered products.
XV. LINKS TO THIRD PARTY WEBSITES
13.1 The Website of the Provider contains links to websites maintained by third parties ("Third Party Websites"). The Provider is not responsible for the content on the Third Party Websites, and also for the presence of viruses, other harmful components on these websites, including for damages caused by the use of the Third Party Websites.
XVI. NEWSLETTER SUBSCRIPTION
14.1 Newsletter subscription is including a User’s e-mail address in a list with e-mail addresses where the owner of the e-mail address receives updated information about the products offered by the Provider. Users have the right to unsubscribe from the list in which their e-mail address is included. The newsletter is distributed free of charge and the Provider is in no way bound to send newsletters on a regular basis.
XVII. INTELLECTUAL PROPERTY RIGHTS. LIMITATIONS OF USE
15.1 The whole content on the Website, including, but not limited to, all published texts, photographs, images, illustrations, graphics, computer programs, and any information posted on the website – is the exclusive property of the Provider.
15.2 Тrademarks (registered or unregistered), that are posted on the Website are protected by the applicable law. Nothing in these Terms and Conditions shall be construed as а permission to grant the right to use the trademark.
15.3 Тhe content of the website of the Provider may only be used by Users of the website for personal, non-commercial use.
15.4 The use of the information contained in this Website for commercial purposes, in any form (copying, modifying, downloading, selling, creating derivative works, reproducing, distributing, publishing, retransmission, etc.) is strictly prohibited. Users assume all liability from the use of the content of the website in violation of the rights of the Provider and the User is entitled to full compensation for the damage caused by the User.
XVIII. FINAL PROVISIONS
16.1 All communications and notifications between the Provider and the User will be deemed to be valid if they are sent to the following e-mail addresses:
- For the User: the e-mail address as specified in the Request;
- For the Provider: [email protected]
If any of the parties, changes its e-mail address without notifying the other party, the latter is not responsible for messages not received, notifications and the like.
16.2 The invalidity of any provision of these Terms and Conditions will not result in the invalidity of the Terms and Conditions as a whole.
16.3 For all matters not covered by these Terms and Conditions, the provisions of the Bulgarian civil and commercial legislation shall apply.
16.4 Any disputes between the Provider and the Use arising out of these Terms and Conditions and the individual agreement shall be settled amicably by the parties. If the dispute cannot be resolved amicably, it shall be referred for settlement to the competent court.
16.5 Тhe Provider has the right to update these Terms and Conditions at any time in the future. When this happens, the revised Terms and Conditions will be posted on this Website with a new "Last Updated" at the top of these Terms and Conditions and will be in force from the date of publication. It is therefore advisable to periodically check these Terms and Conditions to make sure that you are familiar with any changes. Using the Website after publishing the updated Terms and Conditions, you will be deemed to agree with the changes made.
16.6 These Terms and Conditions are accepted on 21.03.2018 and shall enter into force for all Users on 21.03.2018
16.7 If you have additional questions about these Terms and Conditions, please do not hesitate to contact us by e-mail at the following address: [email protected].
