GENERAL TERMS AND CONDITIONS (GTC) OF THE ONLINE STORE

https://diogentex.com/

Last Update: November 15, 2022

TABLE OF CONTENTS

I. SELLER DETAILS
II. FOR THE BUYERS
III. APPLICABILITY OF THE GTC
IV. OFFERED GOODS. PRICES. TERMS OF PURCHASE. PAYMENT
V. DELIVERY OF THE GOODS
VI. INSPECTION OF THE GOODS FOR DISCREPANCIES
VII. CANCELLATION OF ORDERS
VIII. NON-ACCEPTANCE OF THE GOODS
IX. RISK OF LOSS, THEFT OR DAMAGE TO THE GOODS. TRANSFER OF OWNERSHIP
X. INTELLECTUAL PROPERTY
XI. ACTIVITY REGULATORY BODIES

I. SELLER DETAILS

1. The website www.diogentex.com is managed and administered by the online trader „DIOGEN TRADE“ LTD, UIC 117634565, VAT No. BG 117634565, with headquarters and address of management and correspondence: 63 Borisova str., Ruse, Bulgaria. The website and the online merchant will be referred in the Terms and Conditions as “We”, “DIOGENTEX”, “Merchant”, “Seller”, “Store”, “Site”, “Website”.
2. The website www.diogentex.com offers high quality hotel textile and bed linen, terry towels and bathrobes, pillowcases, hotel bed sheets, duvet covers, pillow and mattress protectors, duvets, pillows, hotel slippers, SPA and pool slippers, fabric for curtains and other goods.
3. You can contact DIOGENTEX as follows:

– address for correspondence: 63 Borisova str., Ruse, Bulgaria
– e-mail address: info@diogentex.com
– phone: +359 88 6049038
– through the contact form on the website
– at the contact addresses and telephone numbers specified in the Contact section of the website

II. FOR THE BUYERS

1. The online store offers its goods to persons performing professional activity who are not consumers within the meaning of the current legislation (called “Buyer”, “Client”, “Customer” for short) – hotels, guest houses and other accommodation, spa and hairdressing salons, swimming pools, yachts, institutional clients and traders.
2. DIOGENTEX will not fulfill orders placed by non-professional users within the meaning of current legislation.
3. Each Customer can register an account on the Site, specifying a desired username and password. Through the user account dashboard, the person can view their orders, change their password and account details and change their delivery address.

III. APPLICABILITY OF THE GTC

1. These General Terms and Conditions govern the relationship between DIOGENTEX and non-consumer purchasers of goods. The General Terms and Conditions apply when ordering from the Site, as well as when requesting a product or service from the Buyer to the Merchant, made by e-mail, by phone, during a personal meeting or through social networks.
2. By placing an order using one of the methods specified in Section III, Art. 1, the Buyer concludes a distance sales contract with DIOGENTEX, to which these General Terms and Conditions apply.

IV. OFFERED GOODS. PRICES. TERMS OF PURCHASE. PAYMENT

1. The goods offered by DIOGENTEX can be purchased upon request of more than one piece of a product – the so-called minimum quantity for sale or wholesale. The unit price and minimum order quantity are explicitly stated on the specific product page or in its description. The stated unit price of each product does not include VAT and is only valid for the purchase of the stated minimum quantity. An additional 20% VAT is added to the price if the Buyer do not provide a valid EU VAT number during checkout.
2. The stated unit price of each product offered on the Site does not include the cost of delivery. The shipping price can be free or with an additional charge and is automatically calculated during checkout depending on the selected product, quantity and place of delivery.
3. The payment of the shipping cost is made together with payment of the order amount.
4. Certain products meet European, Bulgarian or world standards. The standard to which a particular product complies is indicated on its page or in its description.
5. It is possible for certain goods to be made to order according to the Customer’s specific requirements. In this case, the Buyer is responsible for any damages caused to third parties such as: copyright claims, intellectual property (logo, design, trademark, other) without the list being exhaustive.
6. Orders from the Site can be paid by bank transfer or debit/credit card. In certain cases, DIOGENTEX may require full or partial advance payment (advance). If an advance payment is required, DIOGENTEX will execute the order only after receiving such.

The bank account of DIOGENTEX is:
IBAN: BG15UNCR76301476055760
Currency: EUR
Bank: UNICREDIT BULBANK AD
Account holder: „DIOGEN TRADE“ LTD

7. When placing an order, the Seller issues a cash receipt if payment is made by debit/credit card. The Buyer should specify (at the time of the order or subsequently) billing data for the requested goods. The invoice, together with the cash receipt when paying by card, accompanies any goods purchased from the Site. In case these documents do not accompany the goods, contact us immediately.

V. DELIVERY OF THE GOODS

1. DIOGENTEX will deliver the goods and provide the services only on the territory of the European Union.
2. Orders placed after 13:00 PM are processed the next business day.
3. The term for delivery of goods from the Site is from 2 to 7 business days depending on the place of delivery.
4. The term for delivery of goods indicated on the Site with Pre-Order/Available on backorder is from 5 to 17 business days and includes production time from 3 to 10 business days.
5. If it is impossible to make the delivery within the specified time or in cases where a longer production time is needed, the Seller will contact the Customer to specify the delivery time.
6. The delivery time for goods that are made to customer specifications, e.g. custom dimensions or logo personalization, are subject to further clarification with the Client.
7. The price for delivery is automatically calculated during checkout depending on the selected product, quantity and place of delivery and is included in the order value.
8. The Seller undertakes to deliver the ordered and purchased goods via a courier company to an address specified by the Customer.
9. In the event that the Seller does not hand over the goods to a carrier within 30 days of the agreed deadline for delivery, the Customer has the right to cancel the order free of charge without incurring any penalties, and should notify the Seller in writing. The return of the goods to the Merchant’s warehouse is at the expense of the latter, if he is notified in advance of the refusal. Otherwise, the return of the goods is at the expense of the Buyer.
10. The Site is not responsible for delivery delays due to circumstances beyond its control, such as delays on the part of the courier carrying out the delivery, prohibition by a state authority, extraordinary or force majeure circumstances, force majeure under Art. 306 of the Commercial Law.
11. DIOGENTEX has the right to unilaterally extend the delivery period or refuse delivery of goods or services in cases where the order is requested with payment by bank transfer and the payment is not verified on the Seller’s account.
12. Upon delivery of the goods to the Customer or a person authorized by him (employee, representative), the received should be immediately reviewed in accordance with Section VI.

VI. INSPECTION OF THE GOODS FOR NON-CONFORMANCE

1. The Customer or the person who receives the goods delivered by DIOGENTEX on behalf of the Customer is obliged to inspect the received goods upon delivery, but no later than 72 hours, for:

– obvious (visible) defects – tears, fading or other defects;
– inconsistency of what was received with what was ordered (deviations from the order) – wrong quantity, color, size, model, incorrect execution (for goods made to the customer’s order) or others.

Attention! If the non-conformity is due to damage to the goods apparently occurring during transport, the Customer must make a complaint to the carrier and not to the Seller (see section IX).
2. If a non-conformity is found, the Customer or the third party is obliged to reflect this in writing in the document provided by the carrier and to inform the Seller in writing within the period under Art. 1 about the non-conformity, indicating what it is. The written complaint should be sent to the address or email address specified in these terms and conditions. If possible, the Customer should submit photographic material. In the event that the Customer has not raised an objection within the period under Art. 1, it is assumed that he has accepted the goods without notice of obvious defects and without deviations.
3. Within 14 business days, DIOGENTEX will decide whether it accepts the complaint as justified or not. The Seller may declare a complaint unfounded if it is submitted outside the time limit under Art. 1 or in the event that it is established that there is no non-conformity or that even if such a non-conformity is present, it is not due to reasons for which the Seller is responsible. Such reasons could be without the list being exhaustive: miscounting, abuse of the Buyer’s rights, error in the Buyer’s judgment, defects resulting from improper storage or use, insufficient care in receiving or storing the goods, etc.
4. In case of a justified complaint, the Seller undertakes to offer the Customer one of the following options according to the available options at the time of the ruling:

– replacement of non-conforming goods with corresponding ones;
– refund of the price paid to the Buyer after returning the non-conforming goods to the Merchant’s warehouse;
– a voucher to use the refunded amount on the Merchant’s site or a voucher for a discount on future purchases on the Site;
– another option agreed between the parties.

VII. CANCELLATION OF ORDERS

1. The Customer may cancel an order within 1 business day of placing it, without incurring any penalties, if the execution of the order has not started. The refusal should be sent in writing to the address or email specified in these terms and conditions. In case of refusal made after this period or in case of refusal in case the execution of the order has started, DIOGENTEX has the right to demand compensation from the Customer in the amount of the costs incurred to date, as well as the work performed and the profit that DIOGENTEX would have received from the execution of the work. The compensation cannot exceed more than 30% of the value of the order.
2. The Customer can also cancel an order in the event of a delivery delay under the terms of section V, Art. 9 of these General Terms and Conditions.
3. In the event that DIOGENTEX accepts cancellation of an order that has already been delivered, the Customer is obliged to ensure the return of the goods to DIOGENTEX’s warehouse and to pay the return costs.

VIII. NON-ACCEPTANCE OF THE GOODS

In the event that the Customer is not found within the deadline for delivery to the address indicated by him and/or access to the delivery address is not provided, DIOGENTEX will consider this as an unjustified refusal of the order and is released from its obligation to deliver the requested goods , and the Customer loses the opportunity to have the ordered goods delivered to him. DIOGENTEX reserves the right to send a notification of unclaimed shipment to the electronic or physical address specified by the Customer, as well as to claim the costs of delivery and return of the goods. In the above-mentioned cases, the Customer can confirm his desire to receive the goods even after the expiry of the delivery period in which he was not found at the address, but he will bear all the costs of delivery. In this case, a new delivery period starts from the moment of confirmation. DIOGENTEX is released from the obligation to deliver in the event that an ordered product is no longer available. The Customer owes DIOGENTEX payment of the amount for delivery and return of the goods within 7 days of receiving the notification, unless another time is specified in the notification.

IX. RISK OF LOSS, THEFT OR DAMAGE TO THE GOODS. TRANSFER OF OWNERSHIP

1. The risk of accidental loss, theft or damage to goods purchased from the Website passes to the Buyer from the moment the goods are handed over to a forwarder or carrier.
2. Ownership of the goods is transferred from DIOGENTEX to the Customer after the goods have been handed over to the Customer or a third party or his representative and after payment has been made, if the value of the order has not been paid in advance.

X. INTELLECTUAL PROPERTY

1. All content present on the site, namely – the logo, together with the figures and text contained therein, inscriptions and images, drawings, diagrams, graphics, design, database, descriptions, methods, processes and other objects of intellectual property and the copyright, the content of the General Terms and Conditions, are the property of DIOGENTEX or of third parties from whom the Seller has obtained consent for reproduction and/or has a contract for the use of the object of intellectual property and/or copyright. DIOGENTEX reserves all its rights to the intellectual property related in any way to the Site. Certain products displayed on the site have their own, specific and unique design, owned by DIOGENTEX or third parties who have authorized DIOGENTEX.
2. Visitors of the Site may use the content solely for the purpose of their purchase. The use of the content of the Site for purposes other than those set out in the General Terms and Conditions is considered a violation of the same, as well as a violation of the intellectual property owned by DIOGENTEX or third parties. Visitors of the Site may copy, share, transfer and/or use the content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this section of this document and the express written consent of DIOGENTEX or the third parties holding copyright and other intellectual property rights has been obtained.
3. DIOGENTEX authorizes owners of other sites and other persons to post links to the Site only when the reference is clear and unambiguous.
4. It is prohibited to copy content from the Site, as well as to place it on other websites without the express written consent of DIOGENTEX.

XI. ACTIVITY REGULATORY BODIES

The bodies regulating DIOGENTEX’s activity are the Consumer Protection Commission (CPC), the Commission for Personal Data Protection (CPDP), the Commission for Protection of Competition (CPC) and the National Revenue Agency (NRA) with the following coordinates:

Consumer Protection Commission (CPC)

– website: www.kzp.bg;

– phone: +359 2 933 0565

– email:  info@kzp.bg

– address: 1 Vrabcha str., fl. 3, Sofia 1000, Bulgaria


Commission for Personal Data Protection (CPDP)

– website: www.cpdp.bg

– phone: +359 2 915 3518

– email: kzld@cpdp.bg

– address: 2 Prof. Tsvetan Lazarov Blvd, Sofia, Bulgaria


Commission for Protection of Competition (CPC)

– website: www.cpc.bg

– phone: +359 2 935 6113

– email: delovodstvo@cpc.bg

– address: 18 Vitosha blvd., Sofia 1000, Bulgaria


National Revenue Agency (NRA), Office Ruse

– website: www.nap.bg;

– phone: +359 82 808161 (162); Call from abroad: +359 2 9859 6801

– email: td_ruse@ro18.nra.bg

– address: 19 Major Atanas Uzunov str., Ruse 7002, Bulgaria