Terms and conditions

The website tuhlla.com is an online store, through which you, as a ” consumer ” / “buyer”, can purchase the goods we offer on this website. The tuhlla.com website and its online store have been developed and operate according to the laws of the Republic of Bulgaria, in particular the Consumer Protection Act and the Electronic Commerce Act, as well as according to all regulations applicable in the European Union. Please take a closer look at these Terms and Conditions before browsing our website or purchasing goods through our online store located at the following address: tuhlla.com, hereinafter referred to as “website” / “shop”. All purchases through our website are made in accordance with our Тerms and conditions that you agree to and accept when registering or when making an order. By accepting these Terms and Conditions, you agree to our Terms of Service, our Privacy Policy, our Cookies Policy and all other documents / policies quoted in these Terms and conditions.

I. INFORMATION ABOUT US:

The website tuhlla.com (hereinafter referred to as the “website”, “store”) and the online store on this website are developed, administered and owned by “Tuhlla” Ltd., with its registered office and address Plovdiv 4000, 10, Akad. Petar Dinekov Str., registered in the Commercial Register at the Registry Agency of the Republic of Bulgaria with UIC 203555906 (hereinafter referred to as “we”, “us”, “ours”, “Tuhlla” Ltd., “seller”).

II. SCOPE OF THE RIGHT OF USE

1. This website has been developed and maintained in accordance with the applicable law in the Republic of Bulgaria. “Tuhlla” Ltd. does not guarantee that the content available on or accessible via the website is appropriate, lawful or available in other countries. If you agree to use the website outside the Republic of Bulgaria, you do so at your own risk.

2. You are also responsible for ensuring that all people using the website through your Internet connection are aware of and abide by these Terms and Conditions in their entirety as well as any other applicable terms and conditions.

3. If you do not agree with these Terms and conditions and/or our Privacy Policy, please discontinue use of this website, otherwise you will be deemed to have read and accepted these Terms and Conditions, our policy for the protection of personal data and all other documents / policies cited in their entirety.

III. ACCEPTABLE USE

1. You must not use our website in any way or take any action that causes or is likely to cause harm to the website or to impair the performance or accessibility of the website.

2. You must not use our website in a way that is illegal, immoral, fraudulent or harmful, or in connection with an illegal, immoral, deceptive or harmful purpose or activity.

3. You must not use our website to copy, store, host, transmit, send, use, post or distribute materials that consist of or are associated with spyware, computer viruses, Trojans, worms or other malicious computer software.

4. You must not conduct any activity of systematic or automated data collection on or in connection with our website without our express written consent.

IV. PRIVACY POLICY

“Tuhlla” Ltd. is strictly complying with the applicable legislation for the protection of personal data within the meaning of the national legislation of the Republic of Bulgaria as well as within the meaning of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 and respects and protects in to the greatest extent the privacy of the consumers’ personal data on this website. By following these links, you can find detailed information about our PRIVACY POLICY and the “COOKIES” we use. In the links above, you will find detailed information about your rights and responsibilities as a user of this website regarding the information you disclose or you may disclose, the possible processing of personal data and the purposes of such processing, and the measures that we have undertaken to protect personal data.

V. DATA PROVIDED BY YOU

1. This section does not apply to personal information provided and processed by us within the meaning of the national legislation of the Republic of Bulgaria, in particular the Personal Data Protection Act and within the meaning of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016. To learn about our Privacy Policy, please refer to the relevant information on the link in the above clause.

2. All data from messages and materials received by users through our contact form, our order form, our e-mail, our feedback form about the products we offer or otherwise should be credible and should not violate the rights of third parties. In case that you provide us information about a third party, you warrant that this information is correct, up-to-date and you have the right to share it with us.

3. You agree that “Tuhlla” Ltd. shall store such data and use it for the purposes of statistical analysis, development, improvement, marketing and / or sale of our products or services and any other purposes, not prohibited by these Terms and Conditions or by the applicable legislation. The latter will be performed in compliance with all the requirements of the applicable legislation.

VI. TERMS AND CONDITIONS FOR CONCLUDING A CONTRACT FOR PURCHASE BY ELECTRONIC MEANS (distance contract):

1. This section contains the Terms and Conditions under which “Tuhlla” Ltd., with its registered office and address Plovdiv 4000, 10, Akad. Petar Dinekov Str., registered in the Commercial Register at the Registry Agency of the Republic of Bulgaria with UIC 203555906, sells goods to its consumers via the online store at www.tuhlla.com, hereinafter referred to as SHOP.

2. When loading any page of the SHOP with built-in hyperlinks therein, as well as on the other pages of www.tuhlla.com or by ordering and paying products offered by the SHOP, the consumer agrees to fully accept and undertakes to observe the present Terms and conditions for signing a contract for the purchase and sale by electronic means specified in this section.

3. The consumer must identify himself in order to determine his statement of acceptance of the Terms and Conditions, which is made by the user’s IP address stored in the log files on the server, as well as other information.

4. CONCLUSION OF A CONTRACT

4.1. The consumer declares his desire to order and purchase goods from the SHOP by making an order electronically. The consumer/user/buyer can order one or more items by adding them to the ” Your Cart” section, following the instructions on the website. Any commodity added to the “cart” can be purchased if available. Adding a merchandise to the shopping “cart” without completing the order does not result in order registration and automatic retention, nor can it be considered a distance contract. In order to purchase products from the SHOP, the consumer submits personal information. This information is under the protection of the Personal Data Protection Act. For details on how we use this information and how we store it, please read our Privacy Policy. Orders can also be made via an e-mail message clearly indicating the details required for the order execution, as well as on the phone listed on the website, in these cases these Terms and Conditions will also be applied.

4.2. In case of technical errors by the consumer in the information provided by him / her during the execution of the order the SHOP has the right to refuse the execution of the order without paying any compensation to the consumer. In the case of consumer -paid amounts for a particular order(s) which for the above reasons can not be fulfilled, the SHOP undertakes to refund them.

4.3. The SHOP will send a notice to the consumer by email or by phone that the order is registered, which does not have the meaning of accepting, confirming or undertaking a commitment to its execution.

4.4. The SHOP has the right not to deliver part or all of the goods from the order for various objective reasons, including but not limited to the exhaustion of their stock availability. In this case, the consumer will be notified in an appropriate manner that the order can not be executed, as well as the reason why the order can not be executed and the price paid will be refunded.

4.5. The distance-purchase contract is deemed to have been concluded at the time of receipt by the consumer of a notice that the order is ready for dispatch.

4.6. The purchase contract concluded between the consumer (as a buyer) and the SHOP (in his capacity as seller) consists of the present Terms and conditions for the conclusion of a contract for purchase by electronic means (distance contract) and any other possible additional agreements between the parties.

5. DELIVERY

5.1. THE SHOP is obliged to deliver the ordered goods through the courier company SPEEDY at an address specified by the consumer in the order in sufficient time.

5.2. The SHOP will ensure the appropriate packaging of the goods and the sending of the accompanying documents. In the event that the item does not contain the document required for the goods ordered, please contact us at the contact details given on these Terms and conditions and on www.tuhlla.com and we will do our best to provide it to you as soon as possible.

5.3. In case that the consumer is not found within the delivery period at the address specified by him / her, or if there is no access and conditions for delivery of the goods within this period, the SHOP shall be relieved of the obligation to deliver the goods ordered. The consumer can confirm his willingness to receive the goods after the expiry of the delivery period in which he has not been found at the address, assuming all delivery costs. In this case, a new delivery time starts to run from the time of confirmation under the preceding sentence.

5.4. Where the consumer has explicitly stated in his order that he wishes the goods to be shipped to a carrier of his choice and has commissioned him to transport the goods but the carrier chosen by the consumer is not among the carriers offered by the SHOP, the risk passes to the consumer upon the time the goods are handed over to the carrier chosen by him. In this case, in the event of loss or damage, the consumer may make his/her claims to the carrier.

6. TRANSFER OF OWNERSHIP

The ownership of the ordered goods will be transferred from the SHOP by the delivery to the consumer after the payment has been made by him. The delivery of the goods will be certified by the consumer ‘s signature on the transport document provided by the courier.

7. PRICES, CHANGE OF PRICE OF GOODS, METHOD OF PAYMENT:

7.1. All prices listed in the SHOP and final invoices are in EUR, with VAT included, as well as all other taxes and fees provided by the Bulgarian legislation in force. The credit / debit card debt and PayPal obligations may vary based on fluctuations in bank commissions and on exchange rate fluctuations in the event that currency exchange is exchanged with the BGN for the execution of the transaction. We encourage our customers to contact their personal bank in order to get an accurate calculation of their purchases.

7.2. The price under the previous article and the cost of delivery can be paid in any of the following ways: cash, credit / debit card and PayPal.

7.3. The cost of the delivery is NOT included in the price of the goods. It is stated separately in the order and is charged to the price of the goods when determining the final payment price. The cost of shipping costs may vary depending on the consumer ‘s address given to receive the goods. For more details, see the Delivery and Payment section.

7.4. The SHOP has the right to change the prices at any time, without giving notice to consumers in advance. In the case of price reductions, reduced prices are announced, with the price before the cut being skewed. The consumer is required to pay the price that was current at the time of the order.

8. INVOICING

8.1. The consumer is obliged to provide all necessary information for issuing an invoice in accordance with the Bulgarian legislation in force. The consumer is required to provide complete, correct and accurate information about the invoice.

8.2. The SHOP will issue to the consumer an invoice for the goods ordered and delivered on the basis of the information provided by the consumer in his order.

9. DISCLAIMER OF ORDERED PRODUCTS
9.1. The consumer has the right to refuse the ordered goods within 14 days of the date on which he/she or the third person, other than the carrier and indicated by the consumer, has obtained possession of the goods.

9.2. The consumer should return the goods to the SHOP at the address Plovdiv 4000, 10, Akad. Petar Dinekov Str. without undue delay, and no later than 14 days after the day the consumer informs us of his / her refusal of this contract. The time limit is considered kept if the consumer returns the goods before the end of the 14-day period.

9.3. The transport costs for the return of the goods are at the expense of the consumer and are paid to the courier when they are taken for transportation back to the SHOP.
9.4. The amount paid, including the cost of delivery to the consumer, shall be reimbursed according to the method of payment, with the exception of the return transport costs that remain to the consumer’s account. The consumer will be responsible for reducing the value of the goods as a result of their testing different than what is necessary to establish their nature and characteristics. Returned goods must be undamaged, unused (the product is not worn, washed, ironed, torn), clean, with no odor (such as creams, perfumes or cigarette smoke) and with labels. The goods must be accompanied by a receipt and a return form.
PLEASE HAVE IN MIND TO TEST THE GOODS ON OTHER UNDERWEAR FOR HYGIENE REASONS AND TO AVOID CONTAMINATION DURING TESTING OTHERWISE WE WONT ACCEPT YOUR REFUSAL REQUEST.
9.5. When the consumer has paid with a bank card and wants to benefit from the right to return the goods within 14 days, “Tuhlla” Ltd. is obliged to return the amount paid by the consumer and the refund can be made only by means of a recovery card transaction on the same card account. When the consumer has paid the ordered goods cash and wants to benefit from the right refuse them – the SHOP will refund the received sums by bank transfer, information for the bank account should be additionally provided by the consumer. For orders paid with a credit / debit card, the refund is for about 10 days. Processing time varies depending on the customer’s bank. Payments made through PayPal are refunded in full. We have the right to postpone reimbursement until receiving of the goods or until you provide evidence that you have returned the goods, whichever is the earlier.
9.6. When exercising the right of refusal, the consumer must fill and send to the SHOP a standard refusal form or otherwise unequivocally declare that he / she wishes to withdraw from the contract by sending a standard form by post to Plovdiv 4000, 10, Akad. Petar Dinekov Str. or at the following email address: info@tuhlla.com
STANDARD REFUSAL FORM

To ………………………

/ name of trader /

…………………………………………………………………… ..

/ address, UIC /

I hereby notify you that I am withdraing my purchase contract for the following goods / services:

…………………………………………………. /Description of the product/

The item was ordered on ………………….

Goods received on …………………. / indicate the date of receipt by the consumer /

……………………………………………………………………… ../ Consumer name /

c / v ……………………………………………………………. / Consumer Address /

………………. …………………………….

/ Date / / Signature of the consumer

9.7. If you use the option to inform us by email, we will immediately send you a confirmation receipt of the refusal on a durable medium (such as your e-mail).
9.8. In the case of violations of the appearance of the goods occurring during transport, the consumer may demand the carrier for the damaged shipment form.

10. IMAGES OF THE GOODS, CHARACTERISTICS, PROMO CODES
10.1. “Tuhlla” Ltd. publishes at www.tuhlla.com a description of the main features and image of each good. In connection with the above, “Tuhlla” Ltd. specifies that the images of the products have an illustrative and guiding character, so the delivered goods may slightly differ from the images. All images in the SHOP are only designed to give some insight into the type of product they are offering, rather than to represent them exactly. Some of the product images in the Platform (static / dynamic images / multimedia presentations / etc) may not fully represent the appearance of the item.
10.2. The characteristics or prices of the products described in the SHOP can be changed by “Tuhlla” Ltd. at any time. Due to technical reasons they may contain errors, which is why “Tuhlla” Ltd. apologizes to the consumers in advance. Because of the limited space and the consistent structure of the information, the descriptions of the goods may sometimes be incomplete.
10.3. When making an order, the consumer can take advantage of discount codes. When purchasing an item with reduced price on the site, you cannot use an additional discount in the form of a coupon unless the opposite is explicitly stated in the description of the coupon.

11. CLAIMS AND WARRANTIES
11.1. Claims may be made in case of: production defects, different goods sent from the one ordered. Claims for transport damages are considered only on the basis of a statement of complaint, made in the presence of a courier.
11.2. If the consumer is not satisfied with the order or believes that there is a discrepancy between the goods ordered and paid and the one delivered, he/ she is entitled, within 14 days from the date of founding the discrepancy, to:
• RETURN THE RECEIPTED GOODS and to get reimbursement of the amount paid in the way they were paid; when the consumer has paid cash for ordered goods THE SHOP will refund the sums on a bank account provided by the consumer. The refund process begins when returned goods are received and accepted at the following address Plovdiv 4000, 10, Akad. Petar Dinekov Str.
• TO REPLACE THE PRODUCT OBTAINED (for another model / size / color), in case of price difference, the SHOP will deduct the amount originally paid by the consumer and notify him/her of the amount of the final surcharge.
11.3. Please make sure that returned products are unused (with labels, good-looking, not worn, washed, ironed, torn, clean, free of odors (such as creams, perfumes or cigarette smoke) in the state in which they were received and with a WARRANTY LABEL. To the goods must be attached: a claim form, all received documents from the SHOP, the goods must be in the original packaging. The consumer has to make sure that the correct option he / she wants to return the item / replace it / is specified. Products that don’t cover these conditions CANNOT BE SUBMITTED TO REPLACEMENT AND RETURN (THE AMOUNT PAYABLE CAN NOT BE RETURNED TO THE CONSUMER).
12. FORCE-MAJEURE CIRCUMSTANCES
12.1 The seller is not liable for any damage suffered by the consumer/buyer as a result of force majeure or circumstances beyond the control of the Seller.
12.2. Neither party will be held responsible for any failure to perform its contractual obligations if such non-performance is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties that cannot be avoided.
12.3. If, within 14 (fourteen) days of the date of the event, it has not ended, either party have the right to notify the other that it will terminate the Contract without owing compensation for damages to the other party for any damage suffered.

ADDITIONAL:
The Shop and the consumer/buyer declare that if any clause of these terms and conditions of the contract of sale by electronic means (a distance contract) is recognized to be illegal, invalid or legally unenforceable, it shall not affect the validity of the remaining clause.
The Shop and the consumer/buyer declare that if any clause of these terms and conditions of the contract of sale by electronic means (a distance contract) is recognized to be illegal or unenforceable and this clause would be lawful or enforceable if part of it is deleted, this part will be considered as deleted and the remain of the clause will continue to operate.
Contact us via email at INFO@TUHLLA.COM if you have additional questions.
The Shop reserves the right to amend these terms and conditions of the contract of sale by electronic means (a distance contract) at any time and shall adequately inform consumers about the modifications, this clause does not apply to already implemented by both parties contracts. When disagreeing with the changes of the terms, the consumer may withdraw from the contract without giving any reason and without indemnity or default, or continue to comply the terms and conditions before the amendment. The consumer exercises the latter by sending a written notice to the SHOP within one month of receipt of the notice of amendment. When the amendment of the terms and conditions of a contract of sale by electronic means (distance contract) is a result of an order or instruction from a competent authority, the consumer can not avail of the above-mentioned right. Changes of the terms and conditions are binding the user/consumer/buyer under the contract when the user/consumer/buyer is notified for them by the above mention terms and has not exercised the described rights above.

VII. RIGHT OF INTELLECTUAL PROPERTY AND TRADEMARKS

1. You acknowledge that our website contains information, data, pictures, graphics, videos, images, sounds, and other materials that are copyrighted, trademarked, patents or other proprietary rights.
2. Copyright and related rights in all images, texts, audiovisual works and other intellectual property objects on this website, including the design of this website, are owned by “Tuhlla” Ltd. or are included with the permission of the respective owner.
3. The content of the website may not be copied except for non-commercial personal references, while retaining all copyright or other intellectual property rights, and it may not be replicated, reproduced, or otherwise redistributed, regardless of the intended purpose.
4. Except as expressly provided above, copying, displaying, downloading, distributing, modifying, reproducing, publishing or transferring information, text or documents contained on or in any part of this website in any electronic or physical medium, nor the creation of related works based on these images, texts or documents is prohibited without the explicit written consent of “Tuhlla” Ltd.
5. No part of the content of these Terms and Conditions of Use may be construed as implying by default, excluding any right to object, or otherwise any copyright, trademark and trade name, license or patent rights belonging to “Tuhlla” Ltd. or a third party. The permission to use this website should not be construed as permitting the use of a trademark or any intellectual property owned by “Tuhlla” Ltd. or their respective owners, who have granted us the right to use these licenses.
6. “Tuhlla” Ltd. does not assume any liability for possible violations of third party rights by visitors / users due to improper use of the materials contained on the site.

VIII. LINKS TO OTHER WEB SITES

When accessing other websites through a hyperlink (reference) posted on the “Tuhlla” Ltd.’s website, it may take you outside the “Tuhlla” Ltd.’s website. Referring hyperlinks on this website to external websites does not constitute approval of their content by “Tuhlla” Ltd. nor can it be construed as a recommendation for their use on our part. These links are provided exclusively for your convenience. Accordingly, this website can be accessed via links from external websites, over which “Tuhlla” Ltd. has no control. “Tuhlla” Ltd. does not declare or warrant that the information contained on these websites is reliable, up-to-date or complete and is not responsible for any damages incurred by or in connection with their content or information. “Tuhlla” Ltd. accepts no liability for the products or services offered on these websites or for subsequent changes to the third party websites for which we provide a link.

IX. INFORMATION ABOUT FUTURE EVENTS AND FORECASTING CLAIMS

This website may contain information about development projects based on uncertain data, scientific, economic and financial factors, so the actual results may differ significantly from those presented on the website. The uncertainties and risks outlined above may arise, but are not limited to regulatory decisions, regulatory changes and other circumstances beyond the control of “Tuhlla” Ltd., which may affect the availability or commercial potential of our products

X. ACCURACY AND UPDAY OF PUBLISHED INFORMATION

“Tuhlla” Ltd. aims, as far as possible, to publish and maintain up-to-date and reliable information on this website without, however, guaranteeing and declaring that it is reliable, up-to-date and exhaustive at a particular time. Please note that the information contained on this website may no longer be up-to-date or fully comprehensive. If you need advice or instructions on our products or services or if you have any doubts concerning the authenticity, completeness and upday of the information posted on this website, you should contact “Tuhlla” Ltd. and our employees through the contacts listed on this website.

XI. LIABILITY

1 “Tuhlla” Ltd. and any person involved in the creation or maintenance of this website shall not be liable for damages, including for indirect damages or lost profits, including those of a penal nature, arising in connection with the access or use of this website.

2. “Tuhlla” Ltd. and any person involved in the creation or maintenance of this website shall not be liable for any loss or damage resulting from computer viruses due to the use of the website. Downloading material from this website on a hard drive is entirely at your own risk.

3. “Tuhlla” Ltd. does not owe any indemnity or other payments related to the termination of the services imposed by the server or technology support that “Tuhlla” Ltd. performs, disabilities in the service providers, computer viruses and any other problems outside the objective control of “Tuhlla” Ltd.

4. Should such a need arise, we may suspend access to this website, or part of it, or close it indefinitely. In addition, we reserve the right to suspend or change any services we provide on this website and to stop publishing our website at any time, at our sole discretion, without notice or explanation. Except as expressly provided otherwise in these Terms and Conditions of Use, you will not be entitled to any compensation or other payment in case of a break or change of website services or if we stop publishing the website.

5. To the fullest extent permitted by applicable law, we exclude all liabilities related to the subject of these Terms and Conditions of Use, our website and the use of our website. This clause does not affect the statutory or other by-law regulations liabilities and obligations assigned to “Tuhlla” Ltd.

XII. APPLICABLE LEGISLATION

1. The law of the Republic of Bulgaria is applicable to these Terms and Conditions of Use of the website.

2. Bulgarian courts have exclusive jurisdiction over any disputes arising of or arising in connection with this website.

3. If any clause of these Terms and Conditions of Use is found to be unlawful, void or legally unenforceable, this does not affect the validity of the other clauses.

4. If any clause of these Terms and Conditions of Use is found to be unlawful and / or unenforceable and this clause will be lawful or enforceable, if part of it is deleted, that part will be deemed to have been deleted and the remainder of the clause will continue to act.

XIII. INFRINGEMENT OF THE TERMS AND CONDITIONS OF USE

1. “Tuhlla” Ltd. reserves the right to claim monetary compensation, as per the law, for any violation of these Terms and Conditions of Use.

2. “Tuhlla” Ltd. reserves the right temporarily or permanently to block access to this website from a certain Internet address due to a breach of these Terms and Conditions of Use and / or to contact your Internet Service Provider and request it to block your access to this website.

XIV. USED LANGUAGE

These Terms and Conditions of Use are written in Bulgarian and translated into English. In case of discrepancy in the texts, the text in Bulgarian has an advantage and is considered to be true.

XV. CHANGES TO THIS WEBSITE AND AMENDMENTS TO THE TERMS AND CONDITIONS OF USE

1. “Tuhlla” Ltd. reserves the right to change without notice any part of this website, including but not limited to the products described on the Site or these Terms and Conditions of Use at any time.

2. Any amendments to these Terms and Conditions of Use will take effect from the moment they are uploaded to this website. You are expected to check these Terms and Conditions of Use on certain periods of time to keep up to date with any amendments we have made and these amendments are binding on you.

These Terms and Conditions have been in force since 15.09.2018
Date of last update – 10.2018

_____________________________________________________________________________

“TUHLLA” LTD. INFORMS YOU THAT BEFORE ACCESSING THIS WEBSITE YOU ARE BOUND TO MEET WITH OUR TERMS AND CONDITIONS OF USE OF THIS WEBSITE, OUR PRIVACY POLICY AND OUR POLICY ON THE USE OF “COOKIES” THROUGH THE IMPLEMENTATION OF ACCESS TO THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH THESE TERMS AND CONDITIONS OF USE OF THIS WEBSITE, OUR PRIVACY POLICY AND OUR POLICY ON THE USE OF “COOKIES”, YOU UNDERSTAND THEM AND YOU AGREE WITH THEM.