Terms & Conditions

General conditions of purchase and sale through the e-commerce website www.urbanbotaniks.com

(General terms)

This document contains the General Terms and Conditions of the purchase and sale agreement between "Planina2010" OOD with EIK: 201175855, Veliko Tarnovsky District Court, hereinafter referred to as www.urbanbotaniks.com, on the one hand, and the person who agreed to these General Terms and Conditions, hereinafter referred to as "Client", on the other hand in connection with the application and purchase of goods offered through www.urbanbotaniks.com - electronic store.

www.urbanbotaniks.com is a trademark patented by Planian 2010 LLC

I. GENERAL PROVISIONS

Definitions

In the interpretation and application of these General Terms and Conditions, the following terms and expressions shall have the following meaning:
1. "Website" ("website") is a designated place in the global Internet network, accessible through its unified address (URL) under HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
2. " Planina2010 " Ltd. is the commercial company, with headquarters and management address in the city of Lyaskovets, 3 " Vastanicheska " street, e-mail: sofia@ urbanbotaniks.com

3. " www.growshopvarna.com " is an e-commerce website that is a constituent and separate part of www.urbanbotaniks.com - a virtual information resource on the Internet for the sale of goods at a distance, which are delivered after their explicit request by The client.
4. " Client " is a natural person who has reached the age of 18 or a legal entity who is registered at www.urbanbotaniks.com and has agreed to these General Terms and Conditions.
5. " Customer profile " is a separate part of www.urbanbotaniks.com , containing information about the Customer, provided by the Customer during his registration and stored by www.urbanbotaniks.com , and access to the customer profile is carried out by entering a username and password. The customer profile enables the Customer to view and edit the data entered during registration, the entries in the address book, to have access to information about all his requests to purchase goods from the e-commerce store www.urbanbotaniks.com , to change his password for access, to subscribe, respectively to unsubscribe, to receive a newsletter, etc.
6. " Username " is a unique code of letters and/or numbers chosen by the Customer, by means of which he is individualized at www.urbanbotaniks.com
7. " Password " is a code of letters and/or numbers chosen by the Customer, which, together with the username, individualizes the Customer and provides him with the opportunity to make valid requests to purchase the goods and services offered at www.urbanbotaniks.com .
8. " Manufacturer " is any natural or legal person who by occupation produces goods in finished form or substantially changes or modifies goods with a view to placing them on the market or presents himself as a manufacturer by putting on the goods, its packaging or on the technical or commercial documentation about it, its name or company, its production or other distinguishing mark.
9. " Packaging " are containers and any other devices or materials that are capable of carrying out the function of containing and storing various goods offered directly to the Customer.
10. " Sales price " is the final price per unit or for a specified quantity of goods or services, including value added tax and all additional taxes and fees.
11. " Accidental event " is an unforeseen circumstance at the time of the conclusion of the contract of an extraordinary nature, which makes its implementation objectively impossible.
12. " Electronic Reference "   is a link indicated on a particular Internet page that allows automated forwarding to another Internet page, information resource, or object through standardized protocols.
13. " Information system / System " is any individual device or set of interconnected or similar devices that, in the execution of a certain program, provides or one of the elements of which provides automatic data processing.
14. " IP Address " ("IP address") is a unique identification number associating the Customer's computer, Internet page or resource in a way that allows locating them in the global Internet network.
15. " Commercial messages " are advertising or other messages representing directly or indirectly the goods, services or reputation of a person carrying out a commercial or craft activity or exercising a regulated profession.
16. " Malicious actions " are actions or omissions that violate Internet ethics or harm persons connected to the Internet or associated networks, sending unsolicited mail (unsolicited commercial messages, SPAM, JUNK MAIL), flooding channels (FLOOD), receiving of access to resources with foreign rights and passwords, use of flaws in systems for personal gain or obtaining information (HACK), performing actions that can be qualified as industrial espionage or sabotage, damage or destruction of systems or information arrays (CRACK), sending "Trojan horses" or causing the installation of viruses or remote control systems, disturbing the normal operation of other Internet users and associated networks, performing any actions that can be qualified as a crime or administrative offense under Bulgarian legislation or under other applicable law.
17. " Web page " is an integral and separate part of a website.

Subject

www.urbanbotaniks.com provides the Customer with the opportunity to purchase the goods offered in the www.urbanbotaniks.com -Store after registration by submitting a request and paying the relevant sales price, subject to compliance and strict compliance by the Customer with these General Terms and Conditions, as well as of additional requirements for the specific goods indicated on the relevant Internet pages at www.urbanbotaniks.com .

Registration

In order to obtain the right to make valid requests to purchase the goods offered at www.urbanbotaniks.com , the Customer must:

·          To have correctly completed the on-line electronic registration form located at the Internet address – www.growshopvarna.com

When filling out the electronic registration form under, the Customer is obliged to provide complete and correct data regarding his identity and other data required by the electronic form at www.urbanbotaniks.com , as well as to update them within 7 days of their change. The customer guarantees that the data he provides during the registration process is true, complete and accurate and, if the latter changes, he will update them promptly.
In the event that a Customer of www.urbanbotaniks.com provides incorrect data or changes that have occurred in the period under the previous paragraph are not reflected, www.urbanbotaniks.com has the right to immediately and without notice stop the maintenance of the Customer's registration and access to his customer profile .
Before making the statement, the Client can freely correct the information entered by him in the registration form.

The text of these General Terms and Conditions is available on the Internet at http://www.growshopvarna.com
After expressing agreement with these General Terms and Conditions, the Customer may make valid purchase requests (purchase requests) for the goods offered through www.urbanbotaniks.com , is considered bound by the terms of the General Terms and undertakes to comply with them.
In the event of a dispute as to which person has expressed the will to be bound by the text of these General Terms and Conditions, the person who paid the price of the goods requested for purchase shall be considered a party to the contract.

Changes to the General Terms and Conditions

To the extent that the goods offered by www.urbanbotaniks.com are diverse and constantly supplemented and modified with a view to their improvement and expansion of the product catalog, as well as in connection with legislative changes that reflect on the conditions for their offer, these General Terms and Conditions can be changed unilaterally from www.urbanbotaniks.com .
When making changes to the General Terms and Conditions, www.urbanbotaniks.com undertakes to notify the Customer by sending to his e-mail and/or publishing in a prominent place on www.urbanbotaniks.com or in his customer profile a message about the amendment to the General Terms and Conditions, the text of the amendments or an electronic link to an Internet page where the amended General Terms and Conditions are available and gave him sufficient time to familiarize himself with them.
The changes in the General Terms and Conditions do not affect the relationship between the Customer and www.urbanbotaniks.com , which arose in connection with a request for the purchase of goods validly submitted before the notification.

Publishing information about the goods on www.urbanbotaniks.com

www.urbanbotaniks.com publishes at the address http:// www.urbanbotaniks.com / a description of the main characteristics and an image of each product, the sales price, including VAT, as well as a tariff for the value of postage or transport costs, not included in the price of the goods related to their delivery, information on the methods of payment, delivery and performance of the contract, on the right of the Customer who is a consumer within the meaning of the Consumer Protection Act and on the conditions and method of exercising it, as well as the period for which the offer and price made remain valid.
www.urbanbotaniks.com is not responsible if the information provided by the manufacturer about the characteristics of the product is false.

Purchase request

The customer gets access to the form for submitting requests for the purchase of the goods offered at www.urbanbotaniks.com after entering a valid username and password in the appropriate places on the website of www.urbanbotaniks.com and pressing the virtual "Login" button.
The submission of a purchase request by the Customer is carried out by sequentially performing the following actions:

·          determination of the type and quantity of the goods and confirmation of the request by pressing the virtual "Buy" button indicated against the relevant goods;

·          review of delivery information (possibility of changing the delivery address, specifying a convenient delivery time and specifying additional conditions to the request.

·          choosing a method of payment for the sale price of the goods and entering/changing the data for issuing an invoice;

The request to purchase a product from www.urbanbotaniks.com is considered to have been made after pressing the "Complete order" button.
If an incomplete, incorrect or wrong address and/or telephone number is specified when submitting the request, it is considered invalid and www.urbanbotaniks.com is not obligated to fulfill it.

·          by clicking on the " sex articles " category, you declare that you are over 18 /eighteen years old/.

Accepting the request

The purchase request is accepted by www.urbanbotaniks.com by sending a message to the electronic mailbox for correspondence with the Customer, which contains: information on the main characteristics of the requested product, its selling price, the value of postage or transport costs not included in the selling price and related to its delivery, the payment method chosen by the Customer, the specified invoice data and delivery address. The request gives rise to an action between the parties after checking the availability of the goods requested for purchase and after confirming its validity on the contact phone indicated by the Customer or by sending a message to his electronic mail box for correspondence.

Prices

All prices at www.urbanbotaniks.com are in Bulgarian levs, VAT included.
The prices of the individual goods indicated at www.urbanbotaniks.com are for a single quantity and do not include delivery costs.
The sales price due by the Customer is the one indicated in the invitation to purchase the goods at the time of submission of the purchase request.

Payment methods

The price according to Art. 10 and shipping costs can be paid in any of the following ways:

·          in cash by the Customer or by a third party on behalf of the same;

·          by bank transfer to the account indicated by www.urbanbotaniks.com ;

·          by credit or debit card;

·          in another way indicated on the Internet pages of www.urbanbotaniks.com .

A customer who is a consumer within the meaning of the Consumer Protection Act undertakes to pay the sales price of the goods purchased by him, as well as the postal or transport costs, not included in this price, related to its delivery, no later than 3 working days from the expiration of the term under Art. 14, para. 4. from PPE.

Delivery

The goods requested for purchase are delivered to the delivery address specified by the Customer in time:

·          up to 3 working days.

·          sufficient according to the circumstances - for abroad.

The goods are delivered suitably packed according to their type and the transport for delivery.

Delivery of the goods

The goods are handed over to the Customer or to a third party who accepts and confirms receipt of the same on behalf of the Customer.
When handing over the goods, the Customer or the third party signs the accompanying documents.
In the event that the Customer is not found within the delivery period at the address indicated by him or access and conditions for delivery of the goods are not provided within this period, www.urbanbotaniks.com is released from its obligation to deliver the goods requested for purchase. The customer can confirm his desire to receive the goods after the expiry of the delivery period in which he was not found at the address, bearing all the costs of delivery. In this case, a new delivery period starts from the moment of the confirmation according to the previous sentence.

Right of withdrawal

The customer has the right to refuse to receive the goods requested by him for purchase, when:

·          the delivered goods clearly do not correspond to the ones requested for purchase by the Customer and this can be established by a simple examination of them;

·          the product or its packaging was damaged during transportation;

·          the price to be paid by the Customer does not correspond to the price due;

A customer who is a consumer within the meaning of the Consumer Protection Act pursuant to Article 55, paragraph 3, has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract for the purchase of goods through www. urbanbotaniks.com , by returning the goods within 7 working days from the date of receipt. In the event that the Customer withdraws from the concluded contract within the period of the previous sentence, he should send a statement of withdrawal from the concluded contract to www. urbanbotaniks.com and to return the goods intact. www.urbanbotaniks.com is obliged to reimburse the Customer in full the sums paid by him no later than 15 working days from the date on which the Customer exercised any of his right of withdrawal.

Upon receipt of the shipment, check the contents of the package for compliance of the sent goods with the submitted request.
In the event of violations in the appearance of the goods, contact the courier, who is obliged to draw up a report on damage to the shipment.

Rights and obligations of www.urbanbotaniks.com

www.urbanbotaniks.com undertakes:

·          to transfer to the Customer the ownership of the goods requested for purchase;

·          to deliver the goods requested for purchase on time;

·          to take due care in fulfilling its obligations;

www.urbanbotaniks.com has the right to:

·          to install cookies on the Client's computers - small text files that are saved from the Internet page through the Internet server on the Client's hard disk and enable the recovery of information about the Client, identifying him and tracking his actions.

·          to place electronic links to other Internet pages and resources and advertising banners for the sale of goods and provision of services by third parties, including electronic links and advertising banners pointing to websites located outside the control of www.urbanbotaniks.com . www.urbanbotaniks.com reserves the right to place electronic links and advertising banners pointing to websites outside the control of www.urbanbotaniks.com and in the Customer's customer profile.

·          to send unsolicited commercial messages to the Client in order to offer information and advertisements regarding its own goods and/or services offered by other merchants, as well as to make inquiries on a variety of issues, to conduct surveys and others.

www.urbanbotaniks.com has no obligation to provide computer equipment and connectivity for the transfer of information packages between the Client and www.urbanbotaniks.com , necessary to access the system's resources. www.urbanbotaniks.com is not responsible if the Customer is unable to access due to problems beyond the control of www.urbanbotaniks.com (hardware or software problem, Internet connectivity problem, etc.).

Limitation of Liability

www.urbanbotaniks.com takes care to keep the information in the store always correct and up-to-date, but does not guarantee its reliability and completeness.
www.urbanbotaniks.com is not responsible for not providing access to the store, as well as for not processing or untimely processing of purchase requests, in the event of circumstances beyond its control - cases of force majeure, random events, problems in the global Internet network and in the provision of services beyond the control of www.urbanbotaniks.com .
www.urbanbotaniks.com does not guarantee that access to the store will be uninterrupted, timely, secure and error-free, to the extent that this is beyond the ability, control and will of www.urbanbotaniks.com .
To the extent that www.urbanbotaniks.com does not have the ability to change, control or otherwise influence the quality and suitability for use of the goods requested by the Customer, www.urbanbotaniks.com is not responsible for their compliance with the applicable regulatory requirements and their qualities.
www.urbanbotaniks.com is not responsible for any damage caused to software, hardware or telecommunications equipment, or for loss of data resulting from materials or resources searched, downloaded or used in any way through www.urbanbotaniks.com .
To the extent that it does not have the objective opportunity and obligation and does not control the Internet pages and resources made available through electronic links and advertising banners placed on www.urbanbotaniks.com and in the Customer's customer profile, www.urbanbotaniks.com is not responsible for the illegal nature of the content and the materials found on these Internet pages and resources. www.urbanbotaniks.com is not responsible for damages suffered and lost profits arising from the use, access or unreliability of these materials and content.
www.urbanbotaniks.com does not have the obligation and objective ability to control the way the Customer uses the store.

Rights and obligations of the Client
The customer undertakes:

·          to provide an accurate and valid telephone, delivery address and e-mail address for correspondence;

·          to pay the price of the goods requested by him;

·          to pay the shipping costs;

·          to receive the goods;

·          take all care and take the necessary measures that are reasonably required to protect your password;

·          not to divulge your password and your answer to the secret question to third parties and to notify www.urbanbotaniks.com immediately in case of unauthorized access to your customer profile, as well as in the event of such a possibility;

·          in view of the specifics of Internet protocols and security in the protection of password data, to terminate the session during which he entered his client profile by pressing the virtual "exit" button.

·          not to submit fictitious or invalid applications or other false information.

The customer is fully responsible for the protection of his password, as well as for all actions carried out by him or a third party by using it.
The customer has the right to:
1. online access to www.urbanbotaniks.com , subject to compliance with the conditions and access requirements set by www.urbanbotaniks.com . In order to submit valid requests for goods, the Customer must enter his username and password.
2. access and correction of your personal data online.
By accepting these General Terms and Conditions, the Customer agrees to receive unsolicited commercial communications from www.urbanbotaniks.com .
The customer undertakes when using www.urbanbotaniks.com :

·          to comply with Bulgarian legislation, these General Terms and Conditions, Internet ethics, rules of morality and good manners;

·          not to violate someone else's property or non-property rights, including intellectual property rights;

·          to immediately notify www.urbanbotaniks.com of any case of committed or detected violation when using the store;

·          not to interfere with the proper operation of the system, including, but not limited to, not to thwart the identification procedure of another Customer, not to access outside of the one granted to him, not to prevent other Customers from using the store, and not to use the store by a way causing a denial of service ("denial of service");

·          not to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located on www.urbanbotaniks.com and thus not to create its own database in electronic or other form;

·          not to impersonate another person or a representative of a legal entity or group of people that he is not authorized to represent, or otherwise mislead third parties about his identity or his belonging to a certain group of persons;

·          not to commit malicious acts within the meaning of these General Terms and Conditions.

In case of non-compliance with the obligations under the previous paragraph, www.urbanbotaniks.com has the right to immediately and without prior warning stop the access of the Client and third parties to his client profile, as well as the right to compensation for all damages suffered and lost benefits, which are direct and immediate consequence of the Customer's failure to fulfill the obligations under the previous paragraph. In these cases, www.urbanbotaniks.com has the right to refer the competent state authorities to establish the relevant violation.

Personal data

www.urbanbotaniks.com has the right to collect and use information about its Customers when they register. The information by which a Customer of the store can be identified may include first name, last name, surname, address, profession, gender, age group, telephone, email address for correspondence and any other information that the Customer provides during registration and any another, which introduces or provides the same when requesting, receiving or using the services provided by www.urbanbotaniks.com , participating in promotions, raffles and contests, filling in survey cards, questionnaires, forms and others.

Processing of Customer Information

www.urbanbotaniks.com takes due care and is responsible for protecting the information about the Customer, which became known to him on the occasion of the purchase and sale of goods through the store - subject to these General Terms and Conditions, except in cases of force majeure or an accidental event.
In the registration form filled out by the Client upon registration, www.urbanbotaniks.com indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide them. By expressing agreement with these General Terms and Conditions, the Client agrees that his information will be processed in the order provided for in them.
The restrictions do not apply in the event that the Customer or persons under his control have committed malicious acts within the meaning of these General Terms and Conditions or have violated the rights or legitimate interests of third parties. In this case , www.urbanbotaniks.com has the right to provide the personal information about the Customer to the relevant competent state authorities according to the current legislation.

Purposes for which the information may be used

www.urbanbotaniks.com collects and uses the information for the purposes provided for in these General Terms and Conditions, as well as for offering new goods and/or services to the Client (free or paid), for offering goods and/or services offered by other persons, for promotions, for organizing raffles, inquiries, surveys, for adapting the offered services to the portal member's preferences, for statistical and other purposes.
By accepting these General Terms and Conditions, the Customer agrees to the processing of his personal data for direct marketing purposes. The customer has the right to object to the processing of his personal data for direct marketing purposes by sending a written message to www.urbanbotaniks.com at the indicated address or e-mail for contacts (growshopvarna@gmail.com).
By accepting these General Terms and Conditions, the Client is considered to have been notified within the meaning of Art. 34a, item 3 of the Personal Data Protection Act, that his personal data may be disclosed to third parties in compliance with the applicable legislation or used on their behalf for the purposes of direct marketing, and may at any time object to such disclosure or use by sending written notice to GROWSHOPVARNA.COM at the specified address or contact e-mail ( growshopvarna@gmail.com ).
All the purposes described above for which the information can be used are not exhaustively listed and do not give rise to obligations for www.urbanbotaniks.com . Any other purposes for which the information is used will be in accordance with Bulgarian legislation, applicable international acts, Internet ethics, rules of morality and good manners.

Disclosure of information

www.urbanbotaniks.com undertakes not to disclose any personal information about the Customer and not to provide the collected information to third parties - government bodies, commercial companies, individuals and others, except in cases where:
a) has received the express consent of the Client upon registration or at a later time;
b) the information is requested by state bodies or officials who, according to the current legislation, are authorized to request and collect such information in compliance with the legally established procedures;
c) in other cases specified by law.

Termination

Upon termination of the contract, www.urbanbotaniks.com deactivates the customer profile and deletes the password for accessing the customer profile.
The customer can at any time request www.urbanbotaniks.com to delete his customer profile. In this case, the deletion of the customer profile is carried out immediately after the fulfillment of all requests validly submitted by the Customer and corresponding payment by the Customer of the due sales price and delivery costs.
Apart from the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon the occurrence of any of the following circumstances:
1. suspension of the activity of www.urbanbotaniks.com ;
2. termination of store maintenance; or
3. in other cases provided for by law.

Cancellation of contract

-   Apart from the cases specified above in these General Terms and Conditions, each of the parties may cancel the contract by giving one week's notice to the other party, in case of failure to fulfill the obligations under the contract.

Benefits

- The customer is obliged to indemnify www.urbanbotaniks.com and all third parties for all damages suffered and lost benefits, including for any costs and attorney's fees paid, incurred as a result of claims brought by and/or compensation paid to third parties in connection with failure to fulfill his obligations under this contract, violation of Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, good manners or Internet ethics.
- The customer is obliged to indemnify www.urbanbotaniks.com also for all damages caused by third parties to whom he provided his password, when using the same.
www.urbanbotaniks.com is obliged to indemnify the Client for all damages caused by www.urbanbotaniks.com intentionally or through gross negligence.

Invalidity

-   The parties declare that in the event that any of the clauses under these General Terms and Conditions is/are invalid, this will not invalidate the contract, other clauses or its parts. The invalid clause will be superseded by the mandatory rules of law or established practice.

Dispute resolution

All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, and disputes to fill gaps in the contract or its adaptation to new circumstances, will be resolved by court order by the competent court in the city of Veliko Tarnovo.

Written form

The written form is considered to be complied with by sending an e-mail, pressing an electronic button on a content page that is filled in by the Customer or marking a field (check box) on the website of www.urbanbotaniks.com , etc. similar, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.

Intellectual property rights

Intellectual property rights on all elements and resources located on the e-commerce website www.urbanbotaniks.com - http:// www.urbanbotaniks.com (including available databases) are subject to protection under the Copyright and Related Rights Act , belong to "D and D-gr.Lyaskovets" OOD or to the correspondingly designated person who assigned the right to use www.urbanbotaniks.com , and may not be used in violation of current legislation.
The Customer's right of access does not include the right to copy or reproduce information and to use objects of intellectual property, unless it concerns information of an insignificant volume intended for personal use, provided that the legitimate interests of the authors are not unreasonably damaged or other holders of intellectual property rights and in the event that the copying or reproduction is carried out for non-commercial purposes. Notwithstanding the above, the customer is not entitled to remove the trademark and other intellectual property rights from its accessible resources, regardless of whether the holder of the relevant rights is www.urbanbotaniks.com or a third party.
In the case of copying or reproducing information outside of the permitted, according to the previous paragraph, as well as in case of any other violation of intellectual property rights on the resources of www.urbanbotaniks.com , the Customer owes www.urbanbotaniks.com a penalty in the amount of 3,000 (three thousands) BGN for each individual violation. The specified amount of the penalty does not deprive www.urbanbotaniks.com of the right to claim compensation for greater damages than the amount of the penalty.

Applicable law

The provisions of the current legislation of the Republic of Bulgaria shall apply to matters not settled by these General Terms and Conditions.

In case you have questions and recommendations regarding these General Terms and Conditions, the services provided at www.urbanbotaniks.com and others, please send them to the following e-mail addresses: growshopvarna@gmail.com .