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Terms of Use

Terms of Use

Welcome to www.Garden-MAX.eu

This web page (called "SITE") is administered by GARDEN MAX VT LTD based in Bulgaria, Veliko Tarnovo, Bulgaria Blvd 36, for contacts: 0885 557 355.

Please read the general terms and conditions below below before using the SITE. By using this SITE, you unconditionally agree to these terms and conditions. The following terms and conditions set minimum requirements. The use of the SITE is subject to the general provisions of the law. The General Terms and Conditions may be changed at any time by updating this SITE. These changes take effect immediately and are mandatory for all users / customers. Also, GARDEN MAX VT LTD will make changes to these Terms of Use if these changes are imposed by applicable law, and if they are imposed retroactively, the changes will be applied retroactively to already delivered and confirmed orders. In these cases GARDEN MAX VT LTD is obliged to inform the USERS / CLIENTS about the latest version, and if required, the changes are applied to the orders already delivered / confirmed by publishing on the SITE.

If any of the provisions of these Terms and Conditions of Use of the SITE are considered invalid or inapplicable, regardless of the reason, this does not invalidate the validity and applicability of the other provisions.

By entering the SITE, users agree to comply with the presented general conditions and applicable laws.

GARDEN MAX VT LTD strives to maintain the accuracy of the information presented on the SITE. However, given the possible errors in this information, GARDEN MAX VT LTD clarifies that the images of the products are informative or the delivered products may differ from the images in any way due to changes in characteristics and design without notice. side of the manufacturers.

Also, some of the characteristics or prices of the products presented on the SITE are subject to change by GARDEN MAX VT LTD without notice and may contain operational errors.

Also, due to the limited space and consistent structure of the information, product descriptions can sometimes be incomplete. However, from GARDEN MAX VT LTD we strive to provide the most relevant information.

The promotions / offers presented on the SITE are available until the quantities are exhausted.

USER: represents the person who enters the SITE for private or professional purposes and who agrees with the GENERAL TERMS OF USE of the current SITE, meeting all requirements for registration and use.

CLIENT: represents the person who enters the SITE for private or professional purposes and who agrees with the GENERAL TERMS OF USE of the current SITE, meeting all requirements for registration and use, who submits and finalizes an order.

ABUSE OF USE: represents the use of the SITE in a way that contradicts the practice in the field, regulations and applicable law, or in any other way that may harm the SELLER.

ORDER: is an electronic document created as a result of entering the CLIENT'S SITE, which is a form of communication between the SELLER and the CLIENT.

AGREEMENT: represents an ORDER confirmed by the SELLER, through which GARDEN MAX VT LTD agrees to deliver to the CLIENT the products and services, and the CLIENT agrees to pay for them, the customer bearing the transport costs of the order, unless otherwise stated in the product that they are at the expense of the SELLER. An order can be canceled if the ordered product and the delivered one do not match. If the CLIENT refuses for other reasons (he has not studied how much the delivery will cost, he has bought another product from another SELLER), the CLIENT bears absolutely all transport costs related to the order.

USE OF THE SITE

The SITE may only be used for lawful purposes.

It is forbidden to use the SITE in a way that could harm the SITE, but without restricting access, such as:

- for the purpose of fraud or otherwise committing a crime or other illegal activity

- sending, using or reusing any kind of material that is illegal, offensive, offensive, defamatory, obscene or threatening, or incompatible with the rules on copyright, trademark, confidentiality, security of personal data, or is offensive, contains viruses, political messages or any form of spam.

GARDEN MAX VT LTD reserves the right to deny access to the SITE to any USER, to close the account or to cancel the ORDER, even confirmed orders.

GARDEN MAX VT LTD does not sell products to minors. Individuals who have not reached the age of 18 may place ORDERS on the SITE only in the presence of a parent or guardian.

DEVELOPMENT OF PRODUCT SALES OPERATIONS. CONDITIONS FOR SALE OF PRODUCTS. AGREEMENT.

The products and services shown on the SITE are an offer of GARDEN MAX VT LTD.

Your ORDER will be accepted by GARDEN MAX VT LTD as a proposal for a contract.

By placing an ORDER on the SITE, you, as a CLIENT, confirm that you agree with the form of communication (telephone or e-mail) through which GARDEN MAX VT LTD carries out the execution of orders on the SITE.

If GARDEN MAX VT LTD confirms the execution of an ORDER, it means full acceptance of the terms of the ORDER. Acceptance of the order by GARDEN MAX VT LTD is considered done when there is an electronic confirmation (e-mail) or telephone confirmation on your part, when our advisor contacts the CLIENT

GARDEN MAX VT LTD at no time considers an unconfirmed ORDER to have the force of a CONTRACT.

THE AGREEMENT enters into force upon confirmation of the ORDER by the CLIENT.

These terms and conditions of sale are based on the concluded AGREEMENT. The Warranty Card issued by the SELLER or his supplier is an integral part of the above documents.

SUBJECT OF THE ORDER.

The subject of the ORDER is the product / products and services for which the CLIENT has expressed a desire to purchase by creating an ORDER on the SITE, confirmed by GARDEN MAX VT LTD. The product / products have the characteristics described by the SELLER on the SITE.

Information about the availability of the products sold by GARDEN MAX VT LTD is provided, after reviewing the ORDER, GARDEN MAX VT LTD notifies the CLIENT by phone in case the product is not available.

Attention: the delivery time of the products is indicative.

CONTRACT PRICE. PAYMENT.

The price of the products and services is the one indicated on the SITE. The price is subject to change by the SELLER at any time without notice.

To be applicable, the price of the product / service must be correct and serious. In this way, the SELLER warns that there are times when, as a result of a malfunction of the SITE or an error, the price shown on the SITE may not be real. In these cases, the SELLER will inform the CUSTOMER about the correct price.

In any case, the accuracy of the price will be checked at the time of confirmation of the ORDER.

In case the real price of a product is lower than the one shown on the SITE, the lower value will be charged. If due to a malfunction of the SITE the price shown on the SITE is lower than the actual sale price, your ORDER will be changed by our administrator, after consultation with the CLIENT.

Unless otherwise stated, the price includes VAT, as well as any other type of tax.

The price, the method of payment and the period of payment are specified in the ORDER. GARDEN MAX VT LTD may issue an invoice to the CLIENT for the ordered products and services, and the CLIENT has the obligation to provide all the necessary information for issuing an invoice in accordance with the legislation in Bulgaria.

WAY OF DELIVERY

The SELLER will fulfill its obligations under the contract within a maximum of 30 days from the date of confirmation received from the CUSTOMER regarding the ORDER. In case he cannot fulfill the ORDER because the product is not available, the SELLER will inform the CLIENT about this situation.

The SELLER may deliver to the CLIENT a similar product with the same price, in case the requested product is not available, only after informing and declaring the consent of the CLIENT.

The product will be delivered to the CLIENT through a courier company. The method of delivery is door to door.

Unless there is an explicit agreement with the CLIENT, GARDEN MAX VT LTD is not responsible for risks associated with the products and services after their delivery to the courier company.

GARDEN MAX VT LTD will properly pack the products and services and will ensure the delivery of the accompanying documents.

Delivery is considered completed when there is a signature of the CLIENT upon receipt of the transport document delivered by the courier.

All transport costs are borne by the CLIENT, unless explicitly mentioned on the product page or information as a PROMOTION or GIFT.

RETURN POLICY

Under the law, the consumer has the right to notify the trader in writing that he refuses to purchase without penalty and without stating a reason, within 14 (fourteen) days from the date of receipt of the product or in case of provision of services - from the conclusion of the contract.

We emphasize that when the return of products whose packaging is damaged or incomplete shows signs of wear, scratches, abrasions, electric shock, no accessories, no warranty, we reserve the right to decide whether to accept the return or keep part of the value of the product - the amount that will be communicated to the CLIENT after the assessment of the damages.

Under legal law, upon return of the product, the refund will be made within 30 (thirty) days of return.

Exceptions

1) All product categories can only be returned if they are sealed:

2) The following product categories cannot be returned:

- Accessories and consumables (rails, chains, oils, cord, mower blade, 3D heads, etc.)

- Hoses and quick hose connections

- Tools and accessories for decorative ponds.

ASSIGNMENT AND SUBCONTRACTING

GARDEN MAX VT LTD may assign to third parties the services for the execution of the ORDERS, always retaining responsibility to the CLIENT for all its obligations under the contract.

WARRANTY

All products sold by GARDEN MAX VT LTD through the website www.garden-max.eu, with the exception of repackaged products, enjoy warranty conditions in accordance with the law and commercial policies of the manufacturer. The products are new, in original packaging and come from authorized sources of each manufacturer.

The products sold and delivered by GARDEN MAX VT LTD have warranty cards issued directly by the manufacturer. If the supplier does not have a network of national service, the guarantee is issued by GARDEN MAX VT LTD.

Guarantee can be presented ONLY in person at our store, or by e-mail at gardenmax@abv.bg

The warranty period for individuals is 24 months.

Information about the rights of the consumers, deriving from the legal guarantee under art. 112-115 of the CPA.

Art. 112.

In case of non-compliance of the consumer goods with the sales contract, the consumer has the right to file a complaint, asking the seller to bring the product in accordance with the sales contract. In this case, the consumer can choose between repairing the product or replacing it with a new one, unless this is not possible or the choice of compensation he chooses is disproportionate to the other.

A way of compensating the consumer is considered disproportionate if its use imposes costs on the seller, which are unreasonable compared to the other way of compensation, taking into account:

  1. the value of the consumer product, if there was no lack of non-compliance;
  2. the significance of the non-compliance;
  3. the possibility to offer the consumer another way of compensation that is not associated with significant inconvenience for him.

Art. 113.

  1. When the consumer goods do not comply with the sales contract, the seller is obliged to bring them in line with the sales contract.
  2. The bringing of the consumer goods in accordance with the sales contract must be done within one month from the filing of the complaint by the consumer.
  3. After the expiration of the term under par. 2 the consumer has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction of the price of the consumer goods according to art. 114. 
  4. Bringing the consumer goods in line with the sales contract is free of charge for the consumer. It does not incur costs for the shipment of consumer goods or for materials and labor associated with its repair, and must not suffer significant inconvenience.
  5. The consumer may also claim compensation for damages suffered as a result of the non-compliance.

 

Art. 114.

  1. In case of non-compliance of the consumer goods with the contract of sale and when the consumer is not satisfied with the resolution of the claim under Art. 113, he has the right to choose between one of the following options:
    1. cancellation of the contract and refund of the amount paid by him;
    2. Price Reduction.
    3. The consumer may not claim a refund or a reduction in the price of the goods when the trader agrees to replace the consumer product with a new one or to repair the product within one month of the consumer's complaint.
    4. The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer, when after satisfying three complaints to the consumer by repairing the same product, within the warranty period under Art. 115, there is another occurrence of non-compliance of the goods with the contract of sale.
    5. The consumer may not claim cancellation of the contract if the non-conformity of the consumer product with the contract is insignificant.

Art. 115.

  1. The consumer may exercise his right under this section within two years from the delivery of the consumer goods.
  2. The term under par. 1 shall cease to run during the time necessary for the repair or replacement of the consumer goods or for reaching an agreement between the seller and the consumer for resolving the dispute.
  3. The exercise of the consumer's right under para. 1 is not bound by any other term for filing a claim, different from the term under para. 1.

By phone (+359) 888842148 you can get all the information under Art. 4 of the CPA, applicable to each product / service presented on the site and / or sold in the online store.

Alternative Dispute Resolution Authority within the meaning of Art. 181n, para. 4 of the CPA are the conciliation commissions at the Consumer Protection Commission. In the event of a dispute related to online sales, you can also use the ORS website

What is said in this section applies to consumers within the meaning of §13, paragraph 1, item 1 of the Additional Provisions of the CPA.

TRANSFER OF OWNERSHIP

The ownership of the ordered products and services is transferred to the CLIENT at the time of payment by him.

CONTRACTUAL RESPONSIBILITY

GARDEN MAX VT LTD shall not be liable for damages of any kind as a result of which the CLIENT or a third party may suffer in the performance by GARDEN MAX VT LTD of any of its obligations regarding the ORDER / ACCEPTED ORDER, and for damages resulting from the use of products / services after delivery and especially in case of loss of products.

GARDEN MAX VT LTD is not responsible for direct losses (including, but not limited to, losses of profits, revenue, data or unnecessary costs) or any other indirect losses incurred by the USER / CLIENT, which are not immediate and direct consequence of breach of contract by side of GARDEN MAX VT LTD. GARDEN MAX VT LTD does not guarantee that the products sold on the SITE are suitable for purposes other than those generally accepted for the respective products. GARDEN MAX VT LTD is not responsible for direct, indirect or accidental losses caused to CUSTOMERS or third party products sold under this contract.

GARDEN MAX VT LTD assumes responsibility when the subcontractors and / or any type of partner involved in the execution of the Order do not fulfill the agreed obligations.

This site is owned and operated by GARDEN MAX VT LTD.

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