BY USING THIS INTERNET SITE, YOU ACCEPT UNCONDITIONALLY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE CONTINUING. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS INTERNET SITE.
GENERAL TERMS AND CONDITIONS
The present General Terms and Conditions (hereinafter referred to as the Terms and Conditions) govern the relations between Förch Bulgaria and their customers with respect to use of the Website www.forch.bg as well as to distance contracts for the purchase and sale of Products, effected through https://forch.bg .
By using this website www.forch.bg by any mean, either by entering data or any other electronic interaction or by registration of user account on the Website, you assert that you accept the present terms and conditions stated below and undertake to submit to them.
The Terms and Conditions are applicable to all relations arising between Förch Bulgaria and the User who uses the Website, regardless of whether the latter have placed orders to purchase Products from the Online Store and regardless whether the latter have registered Account/Profile or not.
1. Definitions
Förch Bulgaria - "Förch Bulgaria" EOOD is a company duly registered under the Bulgarian and EU legislation, with registered seat at 2 "Novoto livade" str., Sofia 1225, Bulgaria, EU, unique identification code 203805651, VAT No. BG203805651. "Förch Bulgaria" EOOD is a subsidiary of Theo Förch GmbH & Co. KG, address: Theo-Förch-Straße 11-15, 74196 Neuenstadt, Germany.
Website - a web-site of Förch Bulgaria at: www.forch.bg, including the web-pages within it. The Website and the web-pages, as well as all of their Content is owned and administered by Förch Bulgaria.
Content - All information made available on the Website and accessible by means of Internet connectivity; the content of all email messages sent by Förch Bulgaria to their customers; any other information sent, conveyed or otherwise made available to the client, including the information sent by or received by Förch Bulgaria, regardless of the manner and means of communication; information relating to Products, Services and / or prices as well as promotions/discounts offered by Förch Bulgaria; information concerning Förch Bulgaria or any other information of Förch Bulgaria.
Services - User’s opportunity to electronically access the Content and to order Products from Förch Bulgaria’s product catalogue, thereby including but not limited to registration of a client’s Profile or Account and, in particular the Purchase through the Online Store, located on the website www.forch.bg .
Products – hardware, including tools, machinery and chemical products, etc., offered or distributed by Theo Förch GmbH & Co. KG, Förch Bulgaria or by Förch Bulgaria’s subcontractors and bearing the trademark ‘Förch’ or and other brands, offered for sale within the Online Store.
Purchase - the exchange of Förch Bulgaria’s Products for an agreed upon value in money (the price) to be paid by the User or Buyer while using the Online Store.
Online Store - the web-based, distance sales scheme run by Förch Bulgaria by means of distance communication, located at: www.forch.bg .
User - any natural person having access to the Content, the Services or the Website in any way, including by creating a Profile or Account;
Buyer - any individual, commercial enterprise or legal entity who purchases Products from the catalogue of Förch Bulgaria through the Online Store for purposes which are within the scope of its trade, business or profession.
Profile or Account - an element of the Website consisting of a username and password that allows a User to reach the restricted parts of the Website through which the Services are available and information is exchanged between Förch Bulgaria and the User. The Profile is created for a business and commercial use under the present Terms and Conditions, unless otherwise agreed to between the User and Förch Bulgaria.
Distance Contract (or Contract of distance) — any contract concerning goods concluded between Förch Bulgaria and the User by means of the Online Store. For the avoidance of any doubt, each separate confirmed order for purchase of Products from the Online Store is considered a separate distance contract.
Brochures / notices / commercial messages — information messages, mainly electronic, on Products and services offered by the Online Store, including promotions, without being binding upon Förch Bulgaria or the User on the account of the information provided therein.
Territory - The territory of Republic of Bulgaria.
2. General
2.1. These Terms and Conditions set out the rules under which the User may use the Website, the Content and/or the Services, including the rules for purchase of Products from the catalogue of Förch Bulgaria by the Buyer through the conclusion of a Distance Contract with Förch Bulgaria.
2.2. Using, including but not limited to accessing or visiting and viewing the Content and/or the Services may be carried out freely by the User, regardless of whether the User has created a Profile on the Website. Concluding a Distance Contract involves prior acceptance of these Terms and Conditions by the User, expressed by using the Website, placing an order and/or entering data or by effecting a Purchase through the Online Store.
2.3. Access to the Services is possible exclusively through the publicly available Website and online purchases of Products are available by accessing the created Profile on the Website.
2.4. If the User does not agree or does not accept or revokes its consent to these Terms and Conditions:
2.4.1. It shall be deemed that they refrain from accessing the Services, as well as refrain from receiving Brochures, Notices and / or Commercial messages, and any other communication from Förch Bulgaria (electronic, phone, etc.), including to waive their right to make Purchases from the Online Store.
2.4.2. The User's Profile on the Website shall be deactivated by Förch Bulgaria. Thereafter, the User may again sign up on the Website, provided that they accept these Terms and Conditions pursuant to item 2.2.
2.4.3. After receiving a User’s statement of disagreement with these Terms and Conditions Förch Bulgaria will delete their Profile on the Website and shall have no further liability whatsoever towards such a User, thereby including damages irrespective of their cause of occurrence.
2.4.4. The User may at any time withdraw their statement of disagreement with these Terms and Conditions having effect as of the date of such statement, as this right can be exercised not earlier than the time of said statement's receipt by Förch Bulgaria.
2.4.5. In order to exercise the right under this clause 2.4. the User may address Förch Bulgaria by sending an email message or by using the Internet contact form available on the Website.
2.5. The User's withdrawal from their agreement with these Terms and Conditions shall not affect any agreements between the parties accrued prior to that.
2.6. The User may at any time acknowledge, accept and agree to these Terms and Conditions are applicable at the date of the statement of consent at the registration of a Profile on the Online Store, as the consent to the Terms and Conditions is a prerequisite for effecting Purchases.
2.7. The Website and the Content published on it are available to any natural person meeting the definition for a User, without having to register a Profile. Only Users aged 18 years or above and acting on behalf of a Buyer may effect Purchases via the Online Store and this is without prejudice to their nationality, domicile or residence. By registering a Profile on the Website, the Users declare that they are at least 18 years old and acton behalf of a Buyer with the aim to effect Purchases, and this shall be assumed by Förch Bulgaria until proven otherwise.
2.8. Each User can only have one Profile on the Website for making Purchases. Förch Bulgaria shall not allow the Users to share their Profiles with other Users or third-parties. The User and Förch Bulgaria agree that the responsibility for any damage from such sharing rests upon the User. In such cases, Förch Bulgaria reserves the right to suspend or restrict the User’s access to the Online Store without sending a warning.
2.9. Förch Bulgaria and the Users agree and acknowledge that they will recognise the value of electronic signatures within the meaning of the EU Electronic Identification and Trust Services (eIDAS) Regulation as if they were handwritten in their mutual relations and this shall also apply, in particular, to any information in electronic form, added to or logically associated with any electronic statement aimed at establishing such statement’s authorship, including the use of a specific Profile, will be deemed as valid as a handwritten signature in the relations between the parties.
3. Content
3.1. All content, including, but not limited to static images, dynamic images, text and / or multimedia content, design, software, databases, information and any other content posted on the Website is sole and exclusive intellectual property of Förch Bulgaria or Theo Förch GmbH & Co. KG.
3.2. The User must not copy, transfer rights to, modify, reproduce or make any other changes, or publish and distribute in any way, any Content from the Website without the prior written consent of Förch Bulgaria.
3.3. Apart from the foregoing item 3.2. the User is entitled to link to the Content on the social networks Facebook, Twitter, Instagram, etc. and communication applications Messages, Viber, WhatsApp, etc., using the buttons "share", placed within the description web-page of each product in the Online Store, if any.
4. Contact
4.1. The User, when registering their Profile on the Website or when effecting a Purchase, provides Förch Bulgaria with their complete and accurate identity, with the means how Förch Bulgaria can contact them, as well as Buyer's data for the purposes of delivery and invoicing.
4.2. By making the submission form available on the Website Förch Bulgaria allows Users to reach to Förch Bulgaria by placing orders, sending messages, questions and inquiries related to the Services, the Buyer, as well as postal address for delivery of the Products.
4.3. By entering data in the Website, the User explicitly allows Förch Bulgaria to use means of communication, including, but not limited to, mail, email and telephone to communicate with the User in relation to the Content, the Services, Purchases and Distance Contracts.
4.4. The User also agrees to receive notifications, messages and information from Förch Bulgaria in their Profile on the Website, if such Profile is created by the User.
5. Brochures, Information and Communications
5.1. By choosing the option "Keep me up to date on news and exclusive offers" on the Website, the User requests to receive Brochures, Notices and/or Commercial messages sent by Förch Bulgaria which may be associated with the Products offered by Förch Bulgaria in the Online Store, unless the User has opted out of the option.
5.2. The User may at any time opt out from the receipt of Brochures, Notices and/or Commercial messages by:
5.2.1. pressing on a specifically designated Internet link contained in any Brochure and/or Notice;
5.2.2. notifying Förch Bulgaria by e-mail.
5.3. Opting out from receipt of Brochures, Notices and/or Commercial messages is not and shall not be deemed a User’s statement of disagreement with these Terms and Conditions.
5.4. In Brochures, Notices and/or Commercial messages addressed to the User Förch Bulgaria is entitled to include other advertising information pertaining to third parties and their supply of Products and/or services.
6. Privacy Policy
6.1. In strict compliance with the Personal Data Protection legislation and particularly with Article 6 (1) (b) of the Regulation (EU) 2016/679 (a.k.a. the GDPR), Förch Bulgaria shall have the right to process (collect, use, disclose, etc.) Users’ or Buyers' personal data only for the following purposes:
- confirmation, delivery and invoicing of an order;
- verification, validation and processing of payments;
- refusal or impossibility to perform orders or dealing with other problem or hindrance of any kind, relating to the Distance Contract ;
- provision of services, including performance of Distance Contracts and all obligations arising out of them;
- sending Brochures, Notices and Commercial communications for purposes of entering into Distance Contract upon request of the User made under clause 5;
- communication with Users and/or Buyers regarding the customer care;
- statistics and marketing research.
6.2. In strict compliance with the Personal Data Protection legislation and particularly with Article 6 (1) (b) of the GDPR, Förch Bulgaria shall have the right to collect other technical or telecommunication data, such as IP address, time of visit, place of visit, name and version of the web-browser, operating system, and other parameters, provided by User’s web-browser used to access the Website, with the purpose to maintain or improve the Services provided to the Users or for statistical purposes.
6.3. By using the technical capabilities of User's web-browser software, the Förch Bulgaria may place small files on the User's device storage (the so-called 'cookies'), to be used strictly for facilitating the necessary technical data exchange pursuant to paragraph 6.2. above. The User is considered informed about the necessity of such placement.
6.4. Förch Bulgaria collects and processes only data voluntarily provided by the User or his/her devise. Förch Bulgaria shall not be expected to obtain necessary data from other sources, in order to enact or fulfil a Purchase or to facilitate delivery.
6.5. Förch Bulgaria shall have the right to use the data collected only in accordance with above-mentioned purposes and not to sell, lend, license, transfer, etc., its database containing personal and specific User information or information on Buyers to third-parties who are not tied to achieving the above-mentioned purposes.
6.6. For the avoidance of any doubt, the Förch Bulgaria may disclose and make the personal data of Users available to third parties such as employees of Förch Bulgaria, affiliates of Förch Bulgaria, subcontractors, suppliers and distributors of Förch Bulgaria, to the extent this is necessary for the implementation of the purposes mentioned above, including to enable those third parties to perform services to Förch Bulgaria such as technical support, delivery and shipment, processing of orders, payments and invoicing, client service, statistics, etc., for the achievement of the above purposes. Förch Bulgaria explicitly states those third-parties receiving personal data for the purposes in clause 6.1., as follows: for facilitations of payments: FedEx, UPS, DHL/Deutsche Post, Speedy/DPD; for facilitation of deliveries (delivery services): DHL/Deutsche Post, Econt Express, Speedy/DPD; for statistics and marketing research: Theo Förch GmbH & Co. KG, address: Theo-Förch-Straße 11-15, 74196 Neuenstadt, Germany.
6.7. Pursuant to Article 6 (1) (c) of the GDPR, Förch Bulgaria may process and provide to third parties personal data for purposes other than those specified in these Terms and Conditions where this is required by state or municipal authorities, as well as in cases provided for by mandatory law in effect at the time of disclosure.
6.8. For correction, erasure (or closing a Profile) or access to the personal data, or for limiting or objecting of processing of personal data, the User may write on the following email address: privacy@forch.bg .
6.9. The User have a right to lodge a complaint to the personal data supervisory authority, which is: Commission for Personal Data Protection, 2 Prof. Tsvetan Lazarov blvd., Sofia 1592, Bulgaria, EU; kzld@cpdp.bg
7. Products and Specifications
7.1. Förch Bulgaria may publish on the Website information on Products from its catalogue, including promotional campaigns for specific Products.
7.2. Products to be purchased through the Online Store shall be intended solely for purposes which are within the scope of trade, business or profession of the Buyer. The Products ordered shall be used only in a lawful manner.
7.3. All Products of Förch Bulgaria are limited quantities. It is stated in the description web-page for every item. Thus, those quantities may be depleted shortly after a Purchase is effected prior to delivery. In such case, Förch Bulgaria shall not be held responsible for delivery, as per clause 12.3 bellow. Upon order placement through the Website, Förch Bulgaria shall confirm the availability for delivery of the Products ordered via email message to the User. Until such message is sent, a Purchase shall not be considered as concluded or effected.
7.4. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. Förch Bulgaria makes all reasonable efforts to accurately display the attributes of the Products, including the technical details and/or colours; however, the actual colour seen on the Website may vary depending on the device display used by the User; in the respect, Förch Bulgaria cannot guarantee accurately display of such colours.
7.5. Förch Bulgaria reserves the right to make minor changes and improvements in the Products or their packaging, while retaining their features and function.
8. Price terms
8.1. Förch Bulgaria is entitled to change the prices of the Products offered in the Online Store, without any prior notice to the User.
8.2. Valid prices of the Products in the Online Store, including those for Products ordered to purchase by the User, are those displayed at the time of completion of the Purchase process.
8.3. Price discounts offered in the Online Store are those displayed at the time of Purchase. Discounts shall be valid until the stocks last and/or during the period of discount (promotional period).
8.4. The price of Products offered and purchased through the Online Store cannot change with regard to particular Purchase after confirming the order placed or completing that same Purchase through any other means.
8.5. All prices related to Products offered in the Online Store are in Bulgarian Leva (BGN) and include value added tax (VAT) in the amount of 20%. The prices of Products may be shown in approximation in other currencies - GBP, USD, JPY only for the convenience of the User.
8.6. All prices are exclusive of shipping costs and/or additional costs associated with the mode of delivery selected by the User. Förch Bulgaria shall indicate on the Website the exact amount of the additional costs that the User will be required to pay and the total Distance Contract value, including the price of the ordered Products, including all fees, costs of delivery and/or the additional costs associated with the mode of delivery selected by the User. For the avoidance of doubt, at the conclusion of a Distance Contract the User provides their express consent to pay the total cost of the purchase made, including shipping costs and additional costs associated with the mode of delivery selected by the User.
8.7. The shipping price doesn't include the customs duties and taxes if any such duties or taxes are applicable. Recipients of shipments outside the EU are responsible for covering any customs fees, duties, taxes and other levies.
9. Purchase
9.1. Every User aged 18 years or above may access the Online Store to initiate Purchases for a Buyer.
9.2. The User may request a Purchase by placing an order at any time and for each Product in the Online Store, designated as available for sale.
9.3. By placing an order in the Online Store, the User agrees and declares that all the information provided by him is true, accurate and complete at the time of Purchase.
9.4. By placing an order, the User agrees that Förch Bulgaria can reach them electronically — by sending an email message to the User in connection with the following situations:
9.4.1. confirmation of the availability and quantity of the Products purchased by the User through the Online Store;
9.4.2. confirmation of the value of Purchases made, including the costs of its implementation, which are borne either by the User or Förch Bulgaria and the conditions under which Products can be returned;
9.4.3. coordinating the mode of delivery of Products subject to the orders or Purchases made by the User.
9.5. Until the commencement of delivery of the ordered Products Förch Bulgaria may, upon prior written notice, unilaterally elect not to fulfil User’s order, in the following cases:
9.5.1. the information provided by the User is incomplete, contradictory and / or inaccurate;
9.5.2. the actions of the User’s interacting with the Website may cause harm to Förch Bulgaria or the Services;
9.5.3. if two consecutive Purchases were not successfully completed / fulfilled due to reasons attributable to the User.
9.6. The User may withdraw an order or withdraw from Purchases made, if Förch Bulgaria contacts the User in connection with any of the cases under the present clause 9. In such case, the User shall inform Förch Bulgaria via email message.
9.7. Purchase is considered completed and Förch Bulgaria shall be obliged to perform the Purchase only after the Förch Bulgaria has confirmed availability of the respective items and/or quantities, notwithstanding any withdrawal of consent with these Terms and Conditions.
10. Payments
10.1. In the Online Store Förch Bulgaria shall provide information on means of payments of the price of the Products and other delivery costs. The User must choose one method of payment if more the one is provided. The following methods of payments may be offered by Förch Bulgaria:
10.1.1. payment through the delivery and shipment service used;
10.1.2. credit card payment (if indicated on the web-site) — payment is made upon completion of the Purchase, and then Förch Bulgaria shall proceed to the execution and delivery on the Purchase; Förch Bulgaria may use third-party services of PaySafe, PayPal, Epay, etc., to facilitate such payments.
10.2. In case the User changes his personal data or Buyer's data without having notified Förch Bulgaria thereof all Distance Contract s concluded shall be executed according to the data made available to Förch Bulgaria prior to such change.
10.3. Upon an explicit request, Förch Bulgaria undertakes to inform the User about the condition of the Purchase and the stage of its execution, including through publication of a respective notice in the User’s Profile on the Online Store.
11. Delivery
11.1. At the Online Store Förch Bulgaria shall provide information on existing restrictions on delivery of Products, if any.
11.2. Purchased Products will be shipped to an address within the Territory designated by the User through the Online Store. Delivery to addresses outside of the Territory shall be done only upon explicit written confirmation by Förch Bulgaria.
11.3. The User is entitled to receive the Products purchased either by transportation conducted by Förch Bulgaria, or through a delivery service. The relevant transportation and delivery method shall be specified by Förch Bulgaria no later than the confirmation of Purchase. Förch Bulgaria is obliged to deliver the Products franco the delivery or transportation service. Risk of accidental loss or damage to the product pass to the User from the moment of dispatch to the delivery service thereof. The Förch Bulgaria shall not bear the risk of loss or damage from after the dispatch to the delivery service.
11.4. For Product, which quantities are explicitly stated in their respective description web-pages, the term of delivery shall be 72:00 hours after the confirmation of Purchase. User accepts and acknowledges that when the quantities are explicitly stated in the respective description web-pages the Products ordered, the delivery term may shall be specified or confirmed by Förch Bulgaria on case-by-basis Förch Bulgaria reserves the right to combine the transportation and delivery of purchased Products with varying term of delivery in order to save costs in benefit of the Buyer.
11.5. If the Products subject to a confirmed Purchase cannot be delivered due to a circumstance attributable to Förch Bulgaria, Förch Bulgaria shall immediately inform the User accordingly, and refund the price and delivery costs paid by the User.
11.6. In the event that the delivery of the Purchase is not carried out due to a circumstance attributable to the Buyer (or instance, because representative of the Buyer was not present at the address indicated at the time of Purchase, or because of an incorrect address or telephone number), or any other reasons, and as a result, the Purchase is returned to Förch Bulgaria, Förch Bulgaria undertakes to refund the payment to the User, only upon deducting the expenses incurred for the transport in both directions (sending and returning the Products).
11.7. After the acceptance of the Products subject to Purchase, the User is obliged to scrutinise whether they comply with the order. If, upon reviewing the delivered Products, Users decide to withdraw from the Distance Contract and return the Products, they may only do so, if they have previously folded and packed the Products neatly in the original packaging and stored them in a secure and safe place with respect to external influences that may impair the original appearance and condition of the Products.
12. Quality and warranty
12.1. The User may reckon upon the warranty provided for in the law that the Products subject of the Purchase shall conform with.
12.2. Förch Bulgaria provides 12-month minimal warranty for Products of the machines or tools kinds.
12.3. Förch Bulgaria does not provide warranty for Products of the consumables kind that bear any traces of use, tear or wear.
12.4. Without prejudice to the warranty pursuant to the preceding clause 12.1 and at Förch Bulgaria’s sole discretion, some of the Products in the Online Store may be offered alongside a contractual warranty, the respective information for which will be provided in the corresponding product description in the Online Store. The existence of such contractual warranty does not limit the legal warranty for conformity of the Products purchased by means of the Distance Contract within the meaning of the Law on consumer protection. The exact details of such a contractual warranty are provided in the documents accompanying the Products. The period of that contractual warranty, if any, cannot be amended by the User, except as permitted by mandatory law or in these Terms and Conditions.
13. Returning of Products
13.1. The User has the right to withdraw from the Distance Contract and to return the Products purchased through the Online Store without compensation or penalty to the User, in the following cases:
13.1.1. the Products are delivered or invoiced wrongly;
13.1.2. the product has manufacturing defects;
13.1.3. other cases, explicitly provided for in the present Terms & Conditions or confirmed in writing by Förch Bulgaria.
13.2. Users are obliged to unambiguously inform Förch Bulgaria of their withdrawal by sending an email to: returns@forch.bg , containing the number of the Purchase and the designation of the Products returned within the meaning and the terms specified here.
13.3. The User shall have no right to withdraw from the Distance Contract and any withdrawal already exercised shall be null and void and Förch Bulgaria shall have no obligation to reimburse the User for the price and delivery costs paid by the User in the following situations:
13.3.1. the notice of withdrawal is accompanied by a request for a replacement of the purchased Products with Products of a different type or Products having different characteristics. If the Users wish to purchase Products either of a different type or bearing different characteristics, they will have to exercise their right of withdrawal subject to clause 13. and to undertake a new Purchase under these Terms and Conditions.
13.3.2. the statement of withdrawal does not fulfil the conditions of item 13.1.
13.3.3. the returned Products are not in the condition in which they were delivered to the User (not in the original packaging along with all accompanying documents).
13.3.4. where the Purchase pertains to sealed Products which were unsealed after delivery and cannot be returned owing to reasons of spoiling, chemical reaction, hygiene or health protection. The price paid for such Products will not be refunded upon their return from the User.
13.3.5. the Products have not been used as intended, handled with cleaners or their novelty value appears to otherwise have been negatively influenced. In those cases, the Products returned by the Users will be sent back to them on their account, and the price and the cost of their purchase will not be refunded.
13.4. A User who exercises the right of withdrawal of the Purchase is obliged to return back to Förch Bulgaria the received Products in the state in which they were delivered with their original packaging, labels and tags no later than fourteen (14) calendar days from the day the User has notified Förch Bulgaria for the withdrawal. The preclusion period is met if the User returns the Products before the expiration of the 14-day period. The User is obliged to store the Products in an appropriate manner, to take care for their quality, integrity and security until their return. The User is responsible for the diminished value of the Products as a result of their use after their delivery, which use has resulted in a condition of the Products other than that on the date of sending them to the User. In the case of the previous sentence, Förch Bulgaria is not obliged to reimburse the User for the price of the Products and the transportation costs.
13.5. The User returns the Products to the Förch Bulgaria’s address: 2 "Novoto livade" str., Sofia 1225, Bulgaria, EU, to "Förch Bulgaria" EOOD.
13.6. Upon withdrawal under item 13.1.1. Förch Bulgaria shall undertake to replace the Products subject to the Purchase, and shall undertake the transport expenses for returning of the replaced Products and for sending the replacing Products to the User. In the event that the replacement of a product is not available, Förch Bulgaria undertakes to reimburse the User for the price paid as to undertake the shipping costs for return of the Products.
13.7. Upon withdrawal of the Purchase under item 13.1.2. — where the delivered Products have defects, the User is required to thoroughly describe, including by sending photos, all defects in the Products. If Förch Bulgaria establishes an actual defect in the respective product, Förch Bulgaria undertakes to perform replacement of the same product as well to undertake all transport costs for returning the replaced product and for delivering the replacing product to the User. In case the User wishes no replacement and demands to return the product and to be reimbursed for the price paid, Förch Bulgaria shall reimburse the User for the price paid and undertake the transport costs for returning the Products. In the event that the replacement product is not available, Förch Bulgaria shall reimburse the User for the price paid and shall undertake the transport costs for returning the Products.
13.8. In case of withdrawal within the meaning of item 13.1.3. Förch Bulgaria shall reimburse the User for all payments made, excluding the delivery costs. The amounts will be reimbursed to the Users within fourteen (14) days from the date on which Förch Bulgaria was notified by the Users of their decision to withdraw. Förch Bulgaria is entitled to halt the reimbursement to the User until safe receipt of the Products. In the cases of item 13.5. Förch Bulgaria shall reimburse the User after completion of the procedure for clearance of the Products from the Bulgarian customs, which takes no less than 30 days.
14. DATA MISUSE
14.1. The User assumes full responsibility for sharing confidential information with third-parties.
14.2. Förch Bulgaria does not assume any responsibility in case the User is misled by third parties, pretending to be representatives of Förch Bulgaria.
14.3. The User shall immediately inform Förch Bulgaria in the cases designated the previous clause, using the contact forms available on the Website or by e-mail.
14.4. Förch Bulgaria shall not distribute unsolicited commercial messages within the meaning of the Electronic Commerce Act or the GDPR.
14.5. Messages made by Förch Bulgaria to the Users by means of distance communication (e-mail, etc.), shall contain complete and consistent information for the sender and hyperlinks to it at the time of sending the messages.
14.6. The following acts shall be deemed a breach of these Terms and Conditions and, upon the occurrence of either of them, Förch Bulgaria shall have the right to take appropriate legal measures against their perpetrators:
14.6.1. access to any type of data and information relating to another User using a User’s Profile or another method of breach into the system of the Online Store.
14.6.2. change or other modification of the content of the Website or the Content submitted in any way by Förch Bulgaria to its Users.
14.6.3. influencing the server / servers on the Website.
14.6.4. access or sharing with third parties who are not duly authorised to access the Content submitted in any way from Förch Bulgaria to its Users when the party who has received the Content is not its legitimate recipient.
15. RESPONSIBILITY
15.1. Förch Bulgaria is not responsible for damages, lost profits or other expenses, resulting from a User’s breach of a Distance Contract or User’s breach of these Terms and Conditions.
15.2. Förch Bulgaria is not responsible for any errors that may appear on the Website for any reason, including those caused by changes, adjustments, etc., which are not carried out by the administrator of the Website and are beyond the will and control of Förch Bulgaria.
15.3. Förch Bulgaria is not responsible for the actions of any person using the Content in a way other than that provided for through the Website.
15.4. Förch Bulgaria is not responsible for any damages (direct, indirect, incidental or not) occurred as a result of the use or inability to use the information relating to the type of Content accessible on the Website or for any errors, inaccuracies or non-conformities in the Content, which can lead to damage.
15.5. If Users find that the Content sent to them in any manner by Förch Bulgaria, infringes upon their copyright or that of a third party, or upon any other intellectual property right, they shall immediately notify Förch Bulgaria.
15.6. Förch Bulgaria does not warrant that the Users will have access to the Website, the Content, their Profiles or the Online Store and shall not grant the Users with a right to download, to modify (in whole or in part) or to reproduce the Content (in whole or in part), to copy or to use the Content in any other way, or to transfer any rights to third parties, relating to Content to which they have or have acquired access under the terms of these Terms and Conditions.
15.7. Förch Bulgaria shall not be responsible for the Content, for the quality or nature of other websites accessed through Internet hyperlinks from the Content of the Website, no matter the type of hyperlinks. The Content of these websites is borne fully by their owners.
15.8. By using the Website, the Content or the Services, the User is personally responsible for all the consequences that may occur from his/her behaviour and the interaction with the Website, except when in accordance with these Terms and Conditions or the applicable Law for consumer protection such liability is carried by Förch Bulgaria. Furthermore, the Users are responsible for any damage and moral prejudice caused by their acts or omissions to any element of the Website, the Content or the use of the Services, including the Purchase, when such damage or moral prejudice is caused on objects of intellectual property of Förch Bulgaria.
16. DISPUTE RESOLUTION AND APPLICABLE LAW
16.1. In case of a dispute between the User and Förch Bulgaria, arising out of or related to these Terms and Conditions, their implementation, validity or termination, the parties will make all reasonable effort to resolve it amicably, through negotiations and mutual concessions. Failing to reach an agreement within one (1) month of the occurrence of the dispute, the dispute may be referred for settlement to the competent Bulgarian court in Sofia.
16.2. If any provision of these Terms and Conditions is declared by the authority competent to decide disputes, void, invalid or unenforceable, the other provisions of these Terms and Conditions and the rights and obligations of User and Förch Bulgaria, arising therefrom, shall remain in full force and effect. The provisions, either null and unenforceable ab initio, or later cancelled owing to their voidability, will be considered to have never formed a part of these Terms and Conditions and, will be replaced by mandatory rules of law or practice and custom.
16.3. These Terms and Conditions have been drawn up and will be interpreted in accordance with the Bulgarian legislation.
17. FINAL PROVISIONS
17.1. Förch Bulgaria reserves the right to make changes to the Website, its structure, the Content and the Services without prior notice to the Users.
17.2. Förch Bulgaria has the right at any time in its sole discretion to unilaterally amend these Terms and Conditions. Upon an amendment to the Terms and Conditions, Förch Bulgaria shall within 7 days inform the Users by publishing on the Website a message relating to the amended Terms and Conditions within a reasonable time before or after their effect. Förch Bulgaria may, but shall not be obliged to inform the Users about upcoming amendments to these Terms and Conditions in other ways, for example by sending e-mail messages. If Users do not agree to amendments to these Terms and Conditions, they may, within one (1) month from the notification under the initial sentence of this item, send a message to the following address: office@forch.bg , which expresses their disagreement with the amendment. Upon receipt of such notification, Förch Bulgaria shall terminate the registration of the disagreeing User. If the User does not send a message to Förch Bulgaria for disagreement with the changed Terms and Conditions it shall be deemed that the User has agreed to the changed Terms and Conditions and undertakes to respect them.
These Terms and Conditions were adopted 31.05.2021 and come into force on the same date.