Gardens, Vines, Wines

General terms and conditions for using the e-shop “Gardens and Vines Kapatovo”

I. General provisions

1. These general terms and conditions define the way e-shop “Gardens and Vines Kapatovo” accepts orders and performs wine deliveries.

2. According to these General terms and conditions:
a) e-shop means website www.kapatovo.bg and www.kapatovo.com
b) “salesperson” means “Kapatovo” LTD, entered in the Commercial register to the Registry agency with Uniform Identification Code 130552856, with head office and registered address: Sofia, region “Sredets”, “Patriarch Evtimiy” Boul. № 22;
c) “commodities” mean wine produced by Wine cellar “Kapatovo” owned by the salesperson offered in bottles of 0.75 l and in packages bag-in-box of 5.00 l. Each commodity is designated with its main features and with sales price.
d) “client” means every physical person or legal entity that placed an order for purchasing commodities from the salesperson via the e-shop and confirmed it agrees with these General terms and conditions and is 18 or above (when it comes to clients that are physical people). With the placement of his/her order the client declares that he/she has turned 18. If there are doubts about the full age of the client that is physical person, the salesperson reserves its right to refuse the order/terminate the contract and notify the client about this.

3. After clicking on an object, picture, link or button located at the website “Gardens and Vines Kapatovo” it is perceived that the client as well as every website visitor agrees with these General terms and conditions. In the case he/she does not agree with these General terms and conditions, the client does not have the right to place orders via the e-shop.

4. These General terms and conditions are effective as of 01.06.2014. The salesperson reserves its right to modify these General terms and conditions at any time while promptly publishing the modifications at the website. Modifications are not effective concerning orders that have already been placed and accepted.

II. Order

1. Ordering commodities from the e-shop is not bound with client’s registration and creation of client profile.

2. (1) When placing the order the client should present true and complete data that are necessary for its due performance:
– in the case of physical people: name, surname, telephone, address and e-mail address;
– in the case of legal entities: appellation, Uniform Identification Code, applicant, telephone, address and e-mail address.
The data presented by the client will be used by the salesperson only for the needs of the due order performance.
(2) A prerequisite for entering the order is a confirmation that the client agrees with these General terms and conditions via clicking the button.
(3) The order is perceived as finalized after clicking the button “Confirm”.

3. After entering the order, the client receives an e-mail, with which the salesperson confirms the order acceptance.

III. Order acceptance

1. (1) The purchase order is accepted by the salesperson after sending an e-mail at client’s e-mail address with the following contents: data about the salesperson, data about the commodity, sales price, transport costs for the delivery, mode of payment chosen by the client, data about the client and delivery address.
(2) The order acceptance is performed by the salesperson after checking the availability of the ordered commodity, but not later than 18.00 p.m. of the business day following the one when the salesperson received the order.
(3) With the order acceptance it is believed that delivery contract is entered between the client in its capacity of buyer and the salesperson – in its capacity of seller.

2. (1) The salesperson could not accept a placed order in the following hypotheses:
a) in the case of insufficient available quantities of the ordered commodity;
b) in the case that two or more previous orders placed by the same client were unsuccessful notwithstanding the reason for this.
(2) The salesperson does not owe any indemnification or other sanction in the case of not accepting an order from a client.
(3) In the case the client paid for the ordered commodity in advance at the time of ordering, if he/she does not accept the order, the salesperson should return the client the sum paid by him/her in 5 business days as of the expiration of the deadline according to point 1 (2) above.

IV. Prices and payment

1. All prices in the e-shop are in BGN including VAT. The delivery price is individually defined.
2. The user can perform payment of the commodities purchased by him/her in any of the following manners:
a) cash on delivery – cash payment at the time of delivery;
b) payment via the PayPal system. Via making the payment with the PayPal system the client declares his/her consent for the advance payment of the commodities.
c) via wire transfer to Salesperson’s bank account.

V. delivery

1. (1) The delivery is performed by the salesperson in person or via courier companies in the following deadlines:
a) delivery in Sofia-city – not later than 18 p.m. on the business day following the one when the salesperson accepted the order according to section III, point 1 (3).
b) delivery in the rest of Bulgaria – not later than two business days after the day when the salesperson accepted the order according to section III, point 1 (3).
(2) Deliveries outside the Republic of Bulgaria could be performed only on the grounds of individual agreement – please, contact us at e-mail franz.dimitrov@kapatovo.bg
(3) In the case the client is not found at the delivery address provided by him/her or his/her address is not complete or precise or the particular delivery prerequisites are not ensured after more than two delivery attempts:
a) in the case the client paid for the delivered commodity in advance at the time of placing the order the commodity will be stored in an office of the courier company for 7 days and the salesperson notifies the client at the same e-mail about the storage term and the office of the courier company. In the case the client does not receive the commodity in the deadline according to the previous sentence, the salesperson releases from its obligation to perform the delivery. The salesperson undertakes to return the client the sum paid by him/her decreased with the delivery costs incurred by the salesperson in 10 business days as of the expiration of the deadline according to the first sentence.
b) in the case the client has not paid for the ordered commodity in advance at the time of placing the order, the commodity will be immediately returned to the salesperson that is released from its delivery obligation.
2. (1) The client has the right to refuse to accept the delivered commodity only in the following hypotheses:
– the parcel contains commodities that differ from the ones ordered by the client in view of their type and/or quantity;
– the commodity has been damaged during its transportation that hinder its appropriate use;
– the commodity has been delivered not due to client’s fault after the expiration of the deadlines according to section V, point 1 (1).
(2) The client notifies the salesperson about its refusal to receive the delivered commodity not later than the day following the one of refusing the delivery.
(3) In the case the client paid for the ordered commodity in advance at the time of placing the order, the salesperson undertakes to return the client the sum paid by him/her in 5 business days as of the notification about reasoned refusal.
VI. Contract cancellation on behalf of the client
1. (1) In 7 business days as of receiving the commodity the client has the right without providing any reason and owing indemnification or default payment to cancel the contract after notifying the salesperson at e-mail franz.dimitrov@kapatovo.com and returning the received commodity. In the cancellation notification the client should provide mandatory information about bank account where the commodity price is to be reimbursed.
(2) The right of refusal is excluded if the commodity is with torn packing or damaged labelling.
(3) The commodity return costs are on the account of the client.
2. In the case the client enforces his/her right of refusal and returns the received commodity, in 10 business days as of the date of receiving the returned commodity the salesperson should reimburse the price of the commodity paid by the client excluding the value of the costs incurred for delivery. The reimbursement of the commodity price is performed at the bank account defined by the client in the notification.

VII. Miscellaneous

1. (1) The salesperson makes due efforts for maintaining the up-to-date information at any time in the e-shop but does not warrant its authenticity and completeness.
(2) The salesperson does not warrant that the access to the e-shop will be uninterrupted, timely, secure and error-free as far as this is outside salesperson’s capabilities and control. The salesperson is not liable for not providing access to the e-shop as well as for not processing or the untimely processing of the purchase applications, in the case of circumstances that are beyond its control – force majeure circumstances, accidental events, issues related to the global Internet network and to rendering services beyond salesperson’s control.
(3) The authors’ rights on the contents of the e-shop belong to the salesperson. For violations of the authors’ rights the violators are liable in conformity with the effective legislation.