GENERAL TERMS OF USE

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SUBJECT

These general terms and conditions govern the relationship between BOHEMIAN SOUL Ltd. and the users of its website – online store /website/.

COMPANY DATA

“BOHEMIAN SOUL” Ltd. is a sole trading company with limited liability within the meaning of the Commercial Law, with

UIC: 206888524,

address of administration. 7538 Aydemir Str., Silistra Municipality, 7538 Aydemir Str.31A, Zelena мораva Street, town of Aydim, municipality,

MOL: Elitsa Petrova,

“BOHEMIAN SOUL Ltd. administers the website www.bohosoul.eu and its subdomains.

In addition to the above address, BOHEMIAN SOUL Ltd. can be contacted by phone at +359 894 542 433 or by e-mail at info@bohosoul.eu.

GENERAL DEFINITIONS

For the purposes of these terms and conditions, the following terms shall have the following meanings:

Seller – “BOHEMIAN SOUL” Ltd.

Website – the website attached to the www.bohosoul.eu domain and its corresponding subdomains.

Customer – Any person who is not an employee of BOHEMIAN SOUL LTD and uses the websites described above in any way.

Account – an element of the Site consisting of an email, password, name and phone number that identifies each Customer and allows only that Customer to place an Order and to access limited areas of the Site where additional services and the history of some of their actions are available.

Order – a request from the customer by which he declares his intention to purchase goods or services from the site.

Goods / Services – an item from the catalog, located on the site, which is the subject of the purchase contract.

Contract – any contract concluded remotely between BOHEMIAN SOUL Ltd. and a customer for the purchase and sale of goods and/or services from the website, as a result of an Order placed by the customer. These General Terms and Conditions are an integral part of this contract. Each order placed separately constitutes a separate contract.

Content – All information on the site that can be viewed through the use of an electronic device; The content of any information sent by the customer to the Seller and vice versa; Information relating to products, services, fees applicable by third parties with whom BOHEMIAN SOUL LTD has a partnership agreement in some form.

Bulletin, Brochure, Announcement – information means concerning products and/or services in the outlets and/or the website of the partner network and/or BOHEMIAN SOUL Ltd., without being bound by the information provided.

Payment – the collection or reimbursement of funds resulting from the sale of a product or service.

A Force Majeure Event is an unforeseeable event beyond the control of the parties that cannot be avoided.

GENERAL

The General Terms and Conditions set out the rules under which the Customer may use the Site and its content, in cases where no other valid agreement between the Customer and the Seller is available.

The terms and conditions are binding for all customers of the site. Use of it means that the customer has carefully read and agreed to them in each use.

The General Terms and Conditions may be changed unilaterally and at any time by BOHEMIAN SOUL Ltd. Such changes shall take effect immediately upon their publication on the website.

By accepting these Terms and Conditions, the Customer gives his/her express consent to the conclusion of distance contracts as a result of an Order placed by him/her.

“BOHEMIAN SOUL LTD reserves the right to terminate or refuse registration of a customer, unilaterally at its sole discretion, without any penalty or compensation.

The order option is valid only for the territory of the Republic of Bulgaria. Bulgaria and only for persons over 18 years of age. By registering on the website and creating an account, the Customer declares that he/she is an adult (over 18 years of age).

“BOHEMIAN SOUL Ltd. specifies that the images (static/dynamic presentations, etc.) of the products are informative and it is possible that the delivered products may differ from the depicted ones due to technical errors, change of their characteristics or design. The Seller shall not be liable for such discrepancies.

The features, descriptions and prices of the goods/services on the site may contain errors and be subject to change at any time. The Seller shall not be liable for any such discrepancies but shall promptly rectify them if they are pointed out to it by a Customer.

“BOHEMIAN SOUL LTD reserves the right to make changes to the site, its structure and features without prior notice to customers.

“BOHEMIAN SOUL LTD is not responsible for any errors that may appear on the site due to technical reasons.

“BOHEMIAN SOUL Ltd. reserves the right to publish advertising boxes /banners / of any kind and/or links on any part of the site, in accordance with applicable law.

All goods, including those on promotion, are sold and delivered until the Seller’s stock is exhausted, even if this is not explicitly stated on the website.

The website may contain links to other websites, and BOHEMIAN SOUL LTD is not responsible for the content and policies of these websites.

Seller and Customer agree that electronic communications between them, including the use of a particular account, shall have the force of a handwritten signature in the relationship between them.

The Seller shall not charge additional costs for the use of the means of distance communication for the conclusion of the contract.

If any provision of these terms and conditions of use is invalid or unenforceable in relation to a particular contract, for whatever reason, the invalidity or unenforceability of the remaining provisions shall not follow.

CONTRACT OF SALE

The contract for the distance sale of goods and/or services shall be deemed concluded from the moment of acceptance by the Seller of the order sent by the Customer. For the acceptance of the order, the Customer gives a period of one week from the sending of the same. If the Customer does not receive confirmation within this period, the same shall be deemed to have been refused or not received and the contract shall not be concluded. In all cases where the Seller has issued a receipt and/or invoice, or has received payment by bank transfer, the contract shall be deemed to have been concluded.

The seller notifies the customer by phone or email of the registration of the order.

In all cases where the order has been registered and the customer has received confirmation of this, the customer shall be liable for payment in full, which shall be agreed for each individual order – in full in advance, in part in advance with payment of the balance on receipt or in full on receipt of the goods and/or services.

All goods and services in the site catalogue have a specific status. For goods/services with the status “out of stock”, the Seller reserves the right, in case of non-delivery, to withdraw from the contract in part or in full, in which case the Seller shall only be liable to refund the amounts received, at no cost to the customer.

Where the stock of a particular item is insufficient to meet all orders received, the rule in the preceding paragraph shall apply.

The information provided by the customer as well as these terms and conditions form an integral part of the Distance Contract.

INTERNET SALES POLICY

Any customer is allowed to access the site to register an account and create an order. The customer is responsible for the accuracy of the data provided and for his compliance with the specific legal requirements in connection with the conclusion of civil contracts.

“BOHEMIAN SOUL LTD may restrict access to orders, goods, services, payment methods, etc. of any customer at its sole discretion without prior warning or notice. “BOHEMIAN SOUL LTD shall not be liable for any damages that the customer suffers or may suffer as a result of such decision.

Each customer can only have one account on the site. An account may not be shared between multiple customers, and the customer is responsible for any damages resulting from such sharing.

All prices on the website are in BGN (EUR) including VAT.

The price of a product does not include the shipping cost and fees due at checkout. In all cases, before completing the order, BOHEMIAN SOUL Ltd will indicate on the website the value of the additional costs that the customer must pay.

It is possible that after the purchase of goods or services “BOHEMIAN SOUL” Ltd. may request by email to the customer a review of the purchased goods or services.

Prices on the website, crossed out with a line, indicate the old price of the item in the store. These prices are informative and have no relation to the actual price payable.

When presenting the goods and services, BOHEMIAN SOUL LTD reserves the right to use other products (accessories and other) that may not be included in the price of the product. In such cases, the product description shall contain the products included in the set and any product not included in the same description shall be deemed not to be included in the set accordingly.

“BOHEMIAN SOUL LTD reserves the right to change the prices of goods and services at any time without prior notice to customers.

The price of the products and services shall be the price quoted at the time of the order within the stock and/or for the promotional period, if any. Any price changes occurring after acceptance of an order shall not apply to it.

“BOHEMIAN SOUL LTD does not guarantee the availability of any product and/or service that may be purchased from the site before confirming the same to the customer in writing or by telephone that the order has been fulfilled and transmitted for delivery.

“BOHEMIAN SOUL LTD may issue discount codes at its discretion. The value, scope and period of validity shall be determined unilaterally by BOHEMIAN SOUL LTD.

ORDER

The customer can place an order on the site by adding the offered goods and services to the shopping cart, following the instructions and steps on the site to complete and ship the order.

By completing his/her order, the Customer agrees that all information provided necessary in the purchasing process is correct and complete at the time of placing the order.

Incomplete orders do not result in an order being registered.

Goods and services are available subject to stock availability and may be confirmed or declined subject to availability.

“BOHEMIAN SOUL” Ltd. reserves the right to clarify the availability and delivery times by phone or e-mail, at the time of order processing.

Until the delivery, the Seller may refuse to partially and/or fully execute an order when the delivery proves impossible for objective reasons or due to legal defects in the concluded contract by notifying the customer in advance. In such cases, the supplier shall be obliged to refund the amounts paid by the customer, if any, without this entailing any additional costs for the customer, after which the contract shall be deemed terminated and the parties shall have no further obligations towards each other.

By submitting the order, the customer authorises the Seller to contact him in any possible way, when this is necessary in connection with the order placed.

In the event that a change is required in the delivery terms or in the content of an order or in other terms of the contract, an employee of BOHEMIAN SOUL Ltd. shall contact the customer by telephone or e-mail to notify him. In this case, the customer has the right to cancel the contract or confirm the order. In either case the Seller shall not be liable for any damages beyond liability for refund.

Except in the case of Article 48 above, the customer may refuse an order until the goods have been delivered. This can be done through the personal account from the moment of registration of the order until the start of its execution and/or by telephone: +359 894 542 433 or by email: info@bohosoul.eu. In these cases, the Seller shall refund in full the amounts paid by the customer, if any, in the same manner as payment was made, at no cost to the customer. The Customer shall not be liable for damages or loss of profits and the contract shall be deemed cancelled.

RETURN OF GOODS AND WITHDRAWAL FROM THE DISTANCE CONTRACT

The right of withdrawal from the concluded contract shall be granted only to those customers who have the status of Consumers within the meaning of the Consumer Protection Act.

According to the distance selling contract, any customer who has the capacity of a consumer may return the product in an undamaged commercial state without giving an objective reason for complaint within 15 days from the date of receipt of the goods or from the date of conclusion of the contract – in the case of a contract for services. Where the customer has ordered multiple goods in a single order, which are delivered separately, from the date on which the customer accepts the last good, the transport costs for returning the goods shall be the responsibility of the customer.

Other grounds for cancellation of the distance contract by the customer are:

– Presence of a material functional inconsistency with the description of the goods available on the website. In this case, the customer has the right to choose between a refund or replacement of the goods with another of a different make or model and an adjustment of the difference in price. The cost of returning the goods shall be borne by the Seller.

– Confused goods on delivery. If the customer discovers that the goods delivered by the courier are different from the ones he ordered, he can return them to the courier to be sent the correct one. The cost of delivery shall be borne by the Seller.

The Customer is obliged to inform the Seller of his intention to return the purchased goods or to withdraw from the distance contract, stating his decision unequivocally within the specified period. To exercise his right of withdrawal, the Customer must use the following RETURN REQUEST FORM.

In case of a problem with the purchased goods, the Customer may contact the Seller at +359 894 542 433 or by email at info@bohosoul.eu.

The goods should be returned to the central office of BOHEMIAN SOUL Ltd. “Zelena мораva” №31A with the option of examination, so that they can be examined as follows: their condition and compliance with the conditions of return. Please note that goods sent to the office of courier companies Econt Express and Speedy will not be accepted, because they cannot be adequately examined there.

In the event that the customer exercises his right of withdrawal, the supplier is obliged to reimburse him in full the amounts paid no later than 14 calendar days from the date on which the customer exercised his right of withdrawal from the concluded contract. The costs of returning the goods shall be deducted from the amount paid by the consumer under the contract, unless the customer has returned the goods at his own expense and has informed the supplier thereof.

The seller has the right to delay the refund until the goods sold have been received.

The refund is made by bank transfer to the account specified in the refund request. If the payment was made by bank card, the amount will be refunded to the card from which the payment was made.

If the customer exercises his right to withdraw from the distance contract, he must send or hand over the goods back to BOHEMIAN SOUL Ltd. without undue delay and no later than 14 days from the date on which the consumer has communicated his decision to withdraw from the contract. The deadline shall be deemed to have been met if the consumer sends or delivers the goods back to BOHEMIAN SOUL LTD before the expiry of the 14 day period.

The Customer shall only be liable for the diminished value of the goods caused by testing them other than as necessary to ascertain their nature, characteristics and proper functioning.

If the right of withdrawal from the distance contract is exercised, the customer is obliged to keep the goods received from the supplier, their quality and safety until their return.

In the event that goods and/or services ordered and prepaid by the customer cannot be delivered by the Seller, the latter will inform the customer of this and refund the amount paid within 14 days from the date on which the Seller has established this fact or from the date on which the customer has expressed his desire to cancel the contract.

The right of withdrawal shall not apply in the following cases:

– for goods and services the price of which depends on fluctuations in the financial markets which the Seller is unable to control;

– for goods made and/or processed according to the customer’s requirements or to his individual order;

– for goods which, by their nature, are consumable or cannot be returned or are perishable or are in danger of deterioration;

– when the condition is not fulfilled in the case of ordering more than one piece of a given brand and model of goods, the packaging of only one product shall be unsealed and the rest shall be returned to the Seller sealed;

– for the provision of services where the service has been provided in full and its performance has commenced with the consumer’s express prior consent and acknowledgement that he knows he will lose his right of withdrawal once the contract has been fully performed by the Seller;

– for goods that have been printed after delivery and cannot be returned for reasons of hygiene or health protection;

– for goods which, having been delivered and by their nature having been mixed with other goods, cannot be separated;

– the provision of services, the transport of goods, rental, leisure activities, if the contract provides for a specific date or period of performance.

Conditions for return or exchange:

– All goods must be in the same condition as when delivered, free from damage, in good merchantable condition and complete with all associated accessories and documents;

– Goods must be in original packaging and complete: accessories, manuals, transport packaging and all documents with which it was delivered;

– The goods must be free from signs of use, scratches, injuries, bruises, protective nylon coverings, if any, and other external marks;

– Packaging must be sturdy, not torn, scratched or damaged;

– If the goods were accompanied by a gift, the gift must also be returned;

If the Goods are returned in a condition in which they cannot be sold as new, the Seller reserves the right to charge a fee to restore them to their original condition (if possible) or to cover the difference in price received when selling the Goods as second-hand, or at the customer’s option, to deliver the Goods back to him at his expense.

PAYMENT AND INVOICING

The prices of goods and services are final and include VAT as well as all other taxes and fees provided for in the current legislation.

The price and method of payment are specified in each order.

Usually the payment methods offered by BOHEMIAN SOUL Ltd. are: cash, card, cash on delivery with postal money order and others.

“BOHEMIAN SOUL” Ltd. issues an invoice and/or a cash voucher for each payment under an order through which the customer has purchased goods and/or services. The customer agrees to receive the invoice/cash voucher physically with the goods and electronically to the e-mail address provided by the customer in their account or by uploading it to the customer’s account itself. In the case of payment by postal money order, the courier company shall issue a postal money order receipt, which is a legally recognised document replacing the receipt.

If the customer wishes to receive an invoice, he is obliged to provide all the necessary information in accordance with the legislation in force. Otherwise “BOHEMIAN SOUL” Ltd. shall issue only a receipt. In the case of payment by postal money order, BOHEMIAN SOUL Ltd. shall issue an invoice to an individual with the account details or invoice data provided.

In order to properly compile an invoice, the customer is required to update their account details. He is required to review the information provided in the order to ensure that it is complete, correct and accurate. The customer is solely responsible for the accuracy of the data provided.

The Customer agrees to make payment in accordance with the method chosen by the Customer and as agreed upon the conclusion of the distance contract and according to the terms and conditions between the Customer and the relevant payment service provider.

The Customer agrees that the Seller has the right to request and accept advance payment for contracts concluded with the Customer for the purchase and delivery of goods.

In the event that BOHEMIAN SOUL Ltd. does not receive payment in accordance with the method chosen by the customer and within the agreed terms prior to the execution of the order, it shall be deemed refused by the customer.

SUPPLY

The Seller delivers the goods ordered online through courier companies Econt Express and Speedy – to the address specified by the customer or to the office of the courier companies or in a store of the partner network of “BOHEMIAN SOUL” Ltd..

The Seller shall deliver the goods only within the territory of the Republic of Bulgaria, Romania and Greece.

The goods sold are accompanied by the necessary documents and original packaging.

Delivery time is usually 1 to 7 working days;

The Seller’s website indicates an expected delivery time for specific goods, which is approximate and indicative and does not cancel the delivery time agreed upon with the conclusion of the distance contract. If the product cannot be delivered, BOHEMIAN SOUL Ltd. shall inform the customer thereof.

The delivery of orders containing goods worth more than 50 BGN (including VAT) is free of charge for the customer if the goods are not on promotion or the customer does not enjoy other discounts or rebates. In all cases, prior to the completion of the order, BOHEMIAN SOUL LTD will indicate on the website the value of the additional costs that the customer must pay, if any.

Delivery to a store in the partner network of “BOHEMIAN SOUL” Ltd. is free of charge, and the delivery is made according to the delivery schedule of the Partner.

The details as to the time for delivery of the Goods are indicative and the Seller is not bound by them to make delivery on any particular date. The Customer shall not be entitled to any compensation in the event of delayed delivery.

Deliveries are made from Monday to Friday between 09.00 and 18.00 hours and on Saturdays between 09.00 and 13.00 hours, excluding public holidays. Exceptions may be made for locations with special service schedules.

In case of delivery by an Econt Express or Speedy courier, on the day of delivery the customer receives an email and/or SMS from the courier that there is a parcel to receive. If the customer is not found on the arranged day and place and there is no other person to accept the parcel in his place, the courier leaves a sticker that he has visited the address and contact details. The parcel is returned to the courier’s office until requested. If the customer still does not contact the Seller or the courier company the next day, the order is considered cancelled.

“BOHEMIAN SOUL” Ltd. or a representative of the courier company shall notify the customer by phone or email if unforeseen circumstances arise that prevent the timely delivery.

All goods are insured until receipt and arrive with warranty documents, a receipt (or invoice if requested) or warranty and invoice electronically in your bohosoul.eu account. In the case of payment by cash on delivery, the courier company will issue a postal money order receipt, which is a legally recognised document replacing the receipt.

The customer agrees that certification of the goods received may be made by a person who, under the circumstances, may be inferred to have passed the information to the customer, a party to the contract.

The Customer shall inspect the goods at the time of delivery and handover by the Seller or courier and shall notify the Seller immediately if any discrepancies with the order are found.

The risk of loss or damage of the purchased goods passes to the customer at the moment when the customer or a third party appointed by him, other than the courier company chosen by BOHEMIAN SOUL Ltd. accepts the goods.

TRANSFER OF OWNERSHIP

The ownership of the goods shall be transferred upon their delivery to the customer after payment has been made by him. The transfer of the goods will be certified by the customer’s signature on the transport document provided by the courier.

SUBCONTRACTORS

The Seller may use subcontractors without the need to notify or obtain the Customer’s consent to do so. Seller will be responsible for the actions of such subcontractors.

INTELLECTUAL PROPERTY

All content, including, but not limited to, images, designs, software, databases, information and any other content published on the site is the property of BOHEMIAN SOUL Ltd or third parties, in which case BOHEMIAN SOUL Ltd has permission to use.

All trademarks cited on the site belong to their respective owners.

All content accessed by the customer is protected by law unless accompanied by a written consent for use between BOHEMIAN SOUL LTD and the customer or a third party.

The distance contract does not give the customer permission to copy, distribute, publish, provide to third parties, modify in any way any part of the content of the site, except with the express consent of BOHEMIAN SOUL Ltd.

CONFIDENCE

The Customer agrees that by providing its personal data to the Seller, the same may be used for any lawful purpose without the need for the Seller to seek the Customer’s consent to its processing in each case.

“BOHEMIAN SOUL LTD may collect other data such as, but not limited to, IP address, operating system, time of visit, location from which the site is accessed, name and version of the web browser and other data provided by the web browser through which the site was accessed without the consent of the customer.

The Customer may opt out of the collection of personal information and request its deletion, thereby withdrawing its consent to the Terms and Conditions, without further obligation on either party to the other and/or without either party being liable for any damages to the other. Exercise of this right shall be in writing through the Seller’s contact options.

By providing personal data to the Seller, such as, but not limited to, email, telephone, the customer consents to be contacted by both the Seller and third parties who are partners of BOHEMIAN SOUL LTD.

The Customer is responsible for maintaining the confidentiality of his/her password and account and is responsible for all actions performed through his/her account.

PERSONAL DATA

“BOHEMIAN SOUL Ltd. collects, processes and stores personal data of individuals in compliance with the legal requirements of Regulation (EU) 2016/679 of the EU and of the Council and the Personal Data Protection Act in relation to the activities carried out by the company. Some of this personal data is collected in connection with the fulfilment of legal requirements to BOHEMIAN SOUL Ltd, some on the basis of the needs for the performance of contracts concluded with customers, and some on the basis of the explicit consent of the subjects of this data, for marketing purposes and analysis. More detailed information in relation to the protection and use of personal data is contained in the Privacy Policy and the Privacy Policy of BOHEMIAN SOUL LTD, which form an integral part of these General Terms and Conditions.

According to the Personal Data Protection Act, the user has the right to access his own Personal Data that he has entered, as well as to have this Personal Data corrected.

The personal data of the customer may be provided to the relevant state authorities, on the basis and within the framework of the law, and as a result of an explicit request by them to do so.

RESPONSIBILITY

The Seller shall not be liable for any damages suffered by the Customer or third parties as a result of force majeure or those beyond the Seller’s control.

“BOHEMIAN SOUL LTD shall not be held liable for the actions of any person using the content of the site.

“BOHEMIAN SOUL LTD shall not be liable for any damages, direct, indirect, incidental or otherwise, arising out of the use or inability to use the site or for any errors or omissions in the content that may result in damages.

“BOHEMIAN SOUL Ltd. does not guarantee to the customer the availability of any product, access to the site, account, content, products and services and shall not be liable for any damages suffered by the customer or third parties as a result.

“BOHEMIAN SOUL LTD offers no warranty that the goods and services will meet the customer’s requirements or expectations.

“Under no circumstances shall BOHEMIAN SOUL Ltd. be liable for any damages, including but not limited to lost profits, loss of information, business interruption, arising out of the use, inability to use or the results of the use of the site.

In all other cases the Seller’s liability shall be limited to the value of the goods ordered and paid for by the customer.

ADVERTISING

By creating an account, the customer agrees by default to receive brochures, notices, newsletters and other special offers from BOHEMIAN SOUL LTD.

The customer may opt-out of receiving special offers, brochures and notifications at any time: By using the special link found in each special offer; By using the special section in their account; By writing to us by email.

By accepting these terms and conditions, the customer agrees by default to receive calls, messages and short text messages, with or without human intervention, on the contacts provided by him, which are necessary for the performance of the contract concluded.

Customer may opt-out of receiving messages and text messages at any time by calling Seller’s contacts or in writing via email.

“BOHEMIAN SOUL LTD reserves the right to remove individual Customer contacts from its database without any future obligation and without further notice.

“BOHEMIAN SOUL Ltd. does not distribute unsolicited commercial communications within the meaning of the Electronic Commerce Act. 131. Refusal to receive special offers and notices shall not constitute a waiver of this contract.

FORCE MAJEURE

The parties shall not be liable for failure to perform their contractual obligations if this is due to force majeure.

If the force majeure cannot be remedied within 14 days of the occurrence of the event, either party shall be entitled to request the other to terminate the contract without either party being liable for damages.

DISPUTES AND APPLICABLE LAW

This Document has been prepared and will be construed in accordance with Bulgarian law.

By using, visiting, viewing or otherwise accessing any content, product, or service made available and/or delivered in any manner, the customer agrees to these Terms and Conditions.

Any disputes that may arise between a client and BOHEMIAN SOUL LTD will be resolved amicably through mutual concessions. If this proves impossible, the dispute will be referred to the Sofia Court of Arbitration of the International Association for Justice and Arbitration in accordance with its rules. The present arbitration clause shall not apply to natural person clients. Disputes with natural person clients will be referred to the Bulgarian court of general and local jurisdiction.

In the event of a dispute related to an online purchase, the customer may use the services of the Online Dispute Resolution website.

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