/Note: please read carefully - this is not the usual blah-blah!!!/

TERMS AND CONDITIONS OF SERVICE/SALE

None of the following terms affects your statutory rights as a consumer

Bulgaria – Furniture at all times endeavours to give a good service to its customers and welcomes feedback and comments about the quality of its service and products. The terms below we hope are easily understandable and user friendly. If there are any points that you do not understand please ask.

Introduction:

The following terms and conditions shall apply to all orders by customers through Bulgaria-Furniture.co.uk  for purchase of furniture packages and services from Bulgaria Furniture Ltd (referred to as Bulgaria Furniture throughout the document). All orders are made and confirmed via the internet and are deemed as binding once the initial quotes has been accepted by the customer and confirmed by Bulgaria-Furniture.

Information and action prior to making requesting a quote/estimate

Correction of Errors and Inaccuracies

• 1. The information on this website may contain typographical errors or other inaccuracies and may not be accurate, complete, reliable, current, or error-free. Bulgaria-Property.co.uk reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after an order has been submitted).
• 2. Please note errors, inaccuracies or omissions may relate to, but are not limited to, product descriptions, pricing and availability. We also reserve the right to limit quantities (including after an order has been submitted). We apologize for any inconvenience this may cause.
• 3. Bulgaria-Property has made every effort to display the products and their features and colours as accurately as possible. The displayed colours and features of the products will depend upon your monitor. Bulgaria-Property.co.uk cannot guarantee that your monitor will accurately portray the actual colours and features of the products.

Prices:

• 1. Quotes are firm for 10 days from their being sent unless it is agreed by e-mail that the period can be extended, provided completion can be accomplished within manufacturer’s current delivery cycle.
• 2. All prices are from the 1^st May 2006 and are subject to change without notice. Prices include shipping to our standard locations and VAT sales taxes.
• 3. Until an order has been made and the contract confirmed by Bulgaria Furniture, prices and quotes are not binding and may be changed without prior notice.
• 4. Any mistakes in the calculating of the purchase price through clerical error or computing may be corrected without liability on the part of Bulgaria Furniture. Buyers will always be informed of such mistakes.
• 5. Any mistakes found by the buyer will be subject to correction without liability on their part.

Orders

• 1. The buyer shall purchase the products in accordance with Bulgaria Furniture’s electronic online service, which shall govern the contract to the exclusion of any other terms and conditions subject to which any other quotation is accepted or purported to be accepted, or any such order is made or purported to be made.
• 2. The buyer is responsible for checking the accuracy of the items and specifications on the final order. Please be thorough and accurate in doing this. If you are uncertain about any item please ask.
• 3. The buyer is required to pay a 60% deposit by Swift transfer to initiate the start of the order, unlessotherwise agreed in writing. Until this payment is received work on the order will not be progressed.
• 4. Any alternative form of payment for the deposit needs to be agreed and confirmed by e-mail or fax.
• 5. Bulgaria Furniture will acknowledge through its electronic online service the receipt of the deposit to the client within one working date of it being received.
• 6. The order will be progressed on computer by the order status where regular updates will be provided for the client and access for questions and concerns will be available.
• 7. Any changes, delays or alterations to the order will be made by the message facility on the Bulgaria Furniture electronic online service to inform the client.
• 8. The client will be able to make Bulgaria Furniture aware of any changes that may occur or if necessary and possible to change items ordered by use of the message facility on the Bulgaria Furniture web site.
• 9. Our order confirmation is final and binding and any subsequent changes are subject to our ability to conform and is dependent upon factory approval. Changes in quantity or specifications are subject to approval by seller and manufacturer. Resultant charges from manufacturer shall be borne by the buyer. All requests for changes in quantity or specifications shall be delivered to Bulgaria Furniture in writing.

Manufacturing and Delivery Period

• 1. Bulgaria – Furniture will manufacture, deliver and install all ordered items for a maximum of 30 days after receiving deposit payment from the buyer. The delivery period is split in the following way:
  a. 15 day period for taking measures and manufacturing.
  b. 15 day period for delivery and installation.
• 2. It is obligation of the buyer to inform Bulgaria – Furniture about the start of each of the two 15 day frame periods while making sure all conditions under articles 1-8 of Access, Delivery and Installation (see below) are met.
• 3. The Buyer agrees to pay for any loss or extra cost incurred by Bulgaria-Furniture through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer and their agents. Important: in the event of the Buyer not being able to fulfill his obligations under the present agreement and a redelivery is necessitated, Bulgaria-Furniture may assess a redelivery fee.

Access, Delivery and Installation

• 1. In order to have access to your apartment the buyer needs to inform the developer or their agent that Bulgaria-Furniture is to undertake the furnishing and to authorise access to the property. Where possible a contact person or phone number should be provided.
  Bulgaria-Furniture at all times will try to negotiate and liaise with the complex developers but can not be responsible for changes in date of completion dates.
• 2. The Buyer agrees to pay for any loss or extra cost incurred by Bulgaria-Furniture through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer and their agents. Important: in the event of the Buyer not being able to fulfill his obligations under the present agreement and a redelivery is necessitated, Bulgaria-Furniture may assess a redelivery fee.
• 3. The property needs to be supplied with services and be secure (water supply, electricity, stairs and passageways completed) for the work to be undertaken. Bulgaria-Furniture shall not be liable for delays resulting from not being done so.
• 4. The site/complex needs to have clear access for transport where this has not been provided by the developers delay may occur. Bulgaria-Furniture shall not be liable for delays resulting from not being done so.
• 5. In the event that construction delays or other causes not within our control force postponement of the installation, we will store the furnishings until installation can be resumed. Transfer and storage charges incurred shall be passed on to the buyer.
• 6. The apartment needs to be clean and free of building debris. Where Bulgaria Furniture finds that the apartment is not so the buyer will be informed and cleaning can be organised and charged if required. Bulgaria-Furniture shall not be liable for delays resulting from not being done so.
• 7. Bulgaria Furniture will ensure that the property is left clean and tidy upon completion.
• 8. Please ensure that your address and other personal information you provide is accurate. You are responsible for any inaccuracies in your address and other personal information. You must make any change of the delivery address or change in the order either in person or by telephone and the change will be binding only if the change is confirmed before delivery. Changes in your address or other personal information may delay delivery, and you may be charged a fee for deliveries made to you at the wrong address on your sales receipt if such address is incorrect.

Completion:

• 1. Bulgaria Furniture will inform in a reasoanable advance time the Buyer about the final completion and delivery date, which shall be within the 15 day period for delivery and installation specified by the Buyer (see Manufacturing and Delivery Period above).
• 2. On delivery date the work will be inspected by the buyer (or their representative) and Bulgaria- Furniture and an Acceptance Protocol will be signed describing availability and condition of all items. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery. Delivery to a carrier or to any person firm or company on the Buyer's behalf shall constitute delivery to the Buyer.
  If the buyer or their representative fails to be present on the set delivery date, the work will be inspected by an third party witness and the Acceptance Protocol will be signed by him.
• 3. Upon completion date Bulgaria Furniture will make effort to send photographs to the buyer of the work done. Because of the large number of items involved it is not possible to show on such photographs every single item only the overall work and finish of the apartment. Not sending proper or any pictures will not be a reasonable ground for delay in final payment by the Buyer.
• 4. Any defect or damage to furniture or items provided, not included in the Acceptance protocol, must be reported by e-mail, fax or in writing on the snag list provided within 7 working days. After this period all items are accepted “as is”. Subsequent damage reported must be of a structural nature as part of a defect in manufacturing.
• 5. Unless goods are damaged they can not be replaced.
• 6. Damaged goods are covered by our Warranty, please see below.

Cancellation:

• 1. If an order is cancelled by the buyer which has previously been accepted by Bulgaria- Furniture then a full refund of any money will be made with the following exceptions
  - any design or survey costs including transport will be deducted from the refund
  - any delivery costs will be deducted from the refund.
  - all made to measure items i.e. suites, kitchens, fitted wardrobes which cannot be cancelled will be charged at 70% of their purchase price.
• 2. The above clause does not mean that it is impossible to change an order or add additional items but it may mean that there are additional charges for delivery, labour, materials or other expenses that have been incurred. Such charges will be itemised and discussed with the buyer.
• 3. Any refund to the buyer will be issued in the same manner as they were received.

Delays:

• 1. In the event that construction delays or lack of authorisation to access we will cease installation until it is possible to resume. Transfer of items or storage charges where incurred shall be passed to the buyer.
• 2. Where Bulgaria furniture fails to meet the completion date agreed it will reduce the outstanding amount owed by the buyer by 1% per week until the work is completed.
• 3. Not withstanding any agreement as to the date of delivery Bulgaria Furniture shall be entitled to postpone or cancel delivery of all or part of the work when it is delayed in or prevented from making or obtaining any goods, delivery of or installing the furniture and items by strikes, lockouts, trade disputes, or labour troubles or any cause beyond Bulgaria Furniture control including, but without limitation, Act of God, act of the client or their agents, embargo or other governmental act, regulation or request, fire, accident, war, riot, delay in transportation, inability to obtain adequate labour, materials or manufacturing facilities. During any of the foregoing events Bulgaria Furniture’ obligations shall be suspended until such events cease or until they cancel delivery (as case may be) and the Seller shall not be required to obtain elsewhere in the market goods with which to replace or permit it to produce the goods delivery of which had been postponed or cancelled as a result of any said events. In the event of Cancellation, Bulgaria Furniture shall be paid pro rata for the goods delivered or work done to the date of cancellation.
• 4. Where the client is similarly delayed in undertaking their obligations they will make payment pro rata for the work that has been already completed by Bulgaria Property.

Final Payment:

• 1. Final payment needs to be made within 5 days of receipt of the final invoice which will be sent to you through the online system on the website or by e-mail, but not later than the completion date. If the Buyer fails to make any payments in accordance with the terms and conditions hereof Bulgaria Furniture may defer shipments or deliveries until receipt of confirmation that payment is made.
• 2. Payments unless otherwise agreed by e-mail or in writing should be made by Swift transfer to Bulgaria- Furniture Ltd, or other company within our group. The payment details as specified on the invoce.
• 3. If payment is not received within 5 days after delivery date Bulgaria Furniture reserves the rights to charge interest on the outsanding amount owed at the rate of 1% per week until full payment is received.
• 4. Where final payment is not received within 5 days after delivery date the buyer may, in addition to the charge of interest, may also become under the Title to goods - clause 3,4,5 below.
• 5. If Bulgaria Furniture is required to pay any monies or hire an attorney to collect payment from you for any reason, Bulgaria Furniture shall be entitled to recover from you all of Bulgaria Furniture’s collection costs including the fees and disbursements of an attorney.

Title to the goods:

• 1. Unless otherwise agreed by e-mail or in writing the goods shall continue to be in the ownership of Bulgaria Furniture until the final payment has been received.
• 2. The buyer may not sell the goods or pass on the entitlement unless written agreement is obtained from Bulgaria Furniture.
• 3. Where final payment is not received Bulgaria furniture whilst owner of the goods may demand by e-mail or in writing the immediate return of the goods at any time and the buyer shall forthwith comply with such demand and bear the cost of such return.
• 4. If the buyer fails to return the goods or make full payment so demanded the seller may enter the property for the purpose of removing the goods (the cost of which shall be borne by the buyer) or may otherwise sell or otherwise deal with the goods.
• 5. The foregoing rights of Bulgaria Furniture are in addition and not in lieu of any rights it may have at common law or under Bulgarian statute including the right to payment for the goods and the right to recover goods.

General Liability:

• 1. No liability shall accrue against the seller as a result of any breach of these terms and conditions resulting from strike, lockout, work stoppage, accident, natural disaster, act of god or any other delay beyond the sellers’s control.

Warranty:

• 1. Bulgaria Furniture works hard with its suppliers and manufacturers to provide you with good quality home furnishings.
• 2. We warrant the merchandise that you purchase from us will be free from defects for a one year period from receipt of the goods.
• 3. Exclusions - This warranty does not cover
  a. wear, fading, tearing, pilling, shrinkage and dye lot variations of fabric or leather products
  b. variations in colour to laminate and wood furniture where orders are made at separate times as colours may vary between batches purchased.
  c. damage due to negligence, misuse, fire, abuse, the elements or acts of nature, accidents, improper cleaning or discoloration from sunlight or artificial light sources.
  d. Variations of colour, or graining of wood or wood products, marble or any other natural material.
  e. Finishes that have been effected by the purchaser.
  f. Merchandise sold as ‘clearance’ or ‘as is’
  g. Breakages, chips and scratches of glass shelves, tabletops and glass and china products where it is deemed to be due to fair wear and tear.
  f. Where merchandise is used for commercial purposes.
• 4. If the merchandise sold you does not meet the foregoing warranty Bulgaria – Furniture will at our discretion, repair, exchange it for exact item if stock is available, or in the event it is non repairable, offer a refund in exchange for the defective item.
• 5. This warranty does not cover the cost of delivery if you have moved from the original location. In such circumstances the cost for delivery will be made.
• 6. The warranty for electrical goods will be covered by the makers guarantee and all documents pertaining to these will be given to the purchaser on completion of payment.

Others

• 1. These conditions and the contract of which they form part shall be construed in accordance with Bulgarian law and the Buyer hereby submits to the jurisdiction of Bulgarian Courts.
• 2. This contract was drawn out and signed in two identical copies, one for each of the parties.