General Terms

General Terms

1. Subject

This document represents the general terms and conditions of use of the website www.orthoteh-bg.com, which determine the rules for the use of www.orthoteh-bg.com, including the conclusion of a contract of sale with a merchant from this e-shop.

 

2. Details of the seller

Orthoteh Ltd. Is a company seated Bulgaria, Pernik, 26 Naycho Tsanov Street, apt. 7 and with the following mailing address: Sofia, 8 Poruchik Nedelcho Bonchev Street, 6th floor. Commercial registry number 113564393 and VAT number BG113564393.

Orthoteh Ltd. manages the website and e-shop www.orthoteh-bg.com. Henceforth, Orthoteh Ltd. will be referred to as Orthoteh for brevity. You can contact Orthoteh at the aforementioned address, as well as by telephone at +359 877 73 23 09 or by email at office@orthoteh-bg.com.

 

3. Definitions

Seller – Orthoteh or and Orthoteh partner present on www.orthoteh-bg.com.

Client/Customer – any natural or legal person or other legal entity that uses the Orthoteh website in any way including but not limited to viewing it, making orders from it, buying, returning goods, etc.

Account/Profile – a section of the Website, formed by an e-mail address and a password, which allows the Client to send the Order, and which contains information about the Client and the history of some of his/her actions on the Website (Orders, tax invoices, etc.)

Order – an electronic document representing the form of communication between the Seller and the Buyer through which the Buyer declares to the Seller, through the Website, his/her intention to purchase Goods and Services from the Website.

Goods and Services – any subject of a contract of sale from the Website.

Contract – the contract concluded at a distance between the Seller and the Buyer for the purchase and sale of Goods and/or Services from the Website, of which the present general terms and conditions for use of the Website are an integral part.

Content:

• All of the information on the Website, which is accessible through an Internet connection and the use of a device connected to the Internet;
• The content of any message from the Buyer to the Seller, sent by electronic means and/or any other available means of communication;
• Any information provided in any way by an employee/associate of the Seller to the Buyer by electronic or other means for remote transmission;
• The information related to the Goods and/or the Services and/or the applicable tariffs by the Seller at a certain period of time;

The information concerning the Clients and related to the Goods and/or the Services and/or the applicable tariffs by third parties, with which the Seller has established some form of partnership agreements;

Transaction – the action by Ortotech to refund the amount of the Buyer, as a result of cancellation or non-performance of a contract of sale from the Site, carried out only by bank transfer.

Specifications – all of the characteristics and/or descriptions of the Goods and Services, as specified in their description.

Question – Form of appeal to other Users/Customers/Buyers in order to obtain information regarding the goods or services on the respective page.

Answer – written information that is transmitted to the User/Customer/Buyer who asked a question on the website, on the page of a particular product. The answer is an explanation provided by one User/Customer/Buyer to another User/Customer/Buyer within a dialogue.

 

4. General Provisions

4.1. The general conditions of Orthoteh are mandatory for all users of the WEBSITE.

4.2. Any use of this WEBSITE means that you have (a) carefully read the general conditions for its use and (b) have agreed to abide by them unconditionally.

4.3. The general conditions may be changed unilaterally by Orthoteh at any time by updating them. These changes take effect immediately and are mandatory for all users/customers.

4.4. Orthoteh has the right to make changes to the terms of use at any time at its sole discretion or if such changes are imposed by virtue of an enacted law. They may have a retroactive effect on already delivered and confirmed orders.

4.5. In any case of change of the general conditions Orthoteh will inform its Clients about it by publishing the changes on the Website. In this sense, you as a Customer have an obligation to make inquiries about possible changes to the general conditions of the Website each time you use it.

4.6. If any of the provisions of these General Terms of Use of the Website prove to be invalid or inapplicable, regardless of the reason, this does not impact the validity or applicability of the other provisions.

4.7. Orthoteh makes considerable efforts to maintain the accuracy of the information presented on the Website. However, given the possible technical errors or omissions in this information, Orthoteh clarifies that the images of the products are informative and indicative, and the delivered products may differ from the images due to changes in their characteristics or design.

4.8. The characteristics and prices of the products described on the Website are binding for Orthoteh and can be adjusted at any time. Orthoteh cannot be held liable for damages from any obvious technical errors that have occurred or have been allowed on the Website.

4.9. All goods, including those which are part of a promotion/discount are sold and delivered until quantities are exhausted, even if this is not explicitly stated on the Website.

 

5. Concluding a contract

5.1. By registering an Order on the website, the Buyer declares his/her desire to receive the relevant Goods from the Seller for a fee.

5.2. The Seller will send you a notification for registration of the Order in his system, which does not equate to an acceptance, confirmation or undertaking to fulfill it. The Seller makes this notification electronically (by email) or by telephone.

5.3. In this sense, the Seller has the right not to deliver a part of or all of the Goods or not to perform a part of or all of the Services in the Order at his discretion, for reasons including but not limited to depletion of stock or change in price. In all cases, the Seller notifies the Customer by email or by phone. In this situation, the sole responsibility of the Seller is to return any pre-received payment for the Goods.

5.4. The long-distance sales contract between the Seller and the Customer is considered concluded when the Customer receives his/her e-mail and/or text message sent to his/her phone as a notification from the Seller that the latter is ready to send the Goods from the Order or to provide the Service.

5.5. The contract of sale concluded between the Client and the Seller consists of these general terms and conditions and the information requested and provided by the Buyer on the Website.

 

6. Online Sales Policy

6.1. The access to the website www.orthoteh-bg.com for the purpose of registration of an Order is allowed to each Client.

6.2. Orthoteh reserves the right, at its sole discretion, to restrict any Client’s access to the execution of an Order and/or to any of the possible payment methods if it deems that those would be to the detriment of Orthoteh in any way. In this situation, the only right of the Client is to contact Orthoteh in order to be informed about the reasons that led to the application of the above measures. www. orthoteh-bg.com is not liable for any damages that the Client has suffered or may suffer as a result of this decision, regardless of its correctness or validity.

6.3. The Client has the right to publish opinions about Goods and/or Services, as well as to contact Orthoteh at the addresses indicated in the “contacts” section of the website. Posts or messages that contain obscene words or inappropriate vocabulary will be removed from the website or ignored. The Seller has the right to process the information received from the Client, without the need to justify his actions in this regard.

6.4. Communication with the Seller can be done through direct contact with him or at the addresses listed on the website in the “Contacts” section. The seller has the right to process the received information without the need to justify it.

6.5. Orthoteh may publish advertising or promotional information about the Goods and/or Services for a certain period of time, as well as information about the available stock.

6.6. All prices of the Goods and/or Services on the website are final, announced in BGN (BGN) including VAT and all other taxes or fees required by law.

6.7. In the case of online payments or bank payments, the Seller shall not be liable for any costs related to fees, commissions or other additional payments made by the Buyer in connection with the transaction itself, as well as in cases of exchange of currency applied by the bank that issued the card to the client, in cases where the currency is different from BGN. The costs associated with such payments are solely at the expense of the Buyer.

 

7. The right to intellectual and industrial property

7.1. The content as defined in the Definitions chapter, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and/or multimedia content of the Website, is the exclusive property of Orthoteh.

7.2. Orthoteh owns and retains all intellectual property rights in any way related to the Website, whether its own or obtained through contractual licenses or in any other lawful manner.

7.3. Nothing in the distance contract concluded between Orthoteh and the Client shall be considered as permission from Orthoteh for the latter to copy, distribute, publish, provide to third parties, change in any way any part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Website or the descriptions of the Goods or Services in any way, including by introducing any content external to the Website, removing the signs indicating Orthoteh’s of the Content. The Client is not entitled to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of Orthoteh.

7.4. Any Content to which the Client has access, regardless of the means of access, is subject to regulation by these General Terms.

7.5. The Client may copy, transfer and/or use the Content only for personal non-commercial purposes, only in cases where this does not contradict the provisions laid out in this chapter of this document.

7.6. The Client has the right to use the Content for commercial purposes only if he has received the written consent of Orthoteh for this and only applying to the part of the Content, to the manner and to the extent, as well as within the time limits, for which this consent is explicitly given. Any subsequent or different use of the Content will be considered a breach of this agreement between Orthoteh and the Client and a breach of the intellectual property rights of Orthoteh, which will have the right to keep the Client responsible for this.

7.7. Simply sending the Content to the Client or referring to the Content or parts of it by Orthoteh will not be considered as consent by Orthoteh to allow the Client to use the Content or parts of it for purposes other than his/her personal needs, regardless of the means of communication used by Orthoteh to send or refer to it.

7.8. Any use of the Content for purposes other than those expressly permitted in these general terms and conditions or in any other explicitly written consent given by Orthoteh is prohibited.

 

8. Order

8.1. The Customer may place Orders via the Website by adding the desired Goods and/or Services to the shopping cart and following the steps specified on the Website to complete and submit this Order.

8.2. Each Good and/or Service added to the shopping cart is available for purchase within the available stocks. Adding a Good and/or Service to the shopping cart without completing the order does not lead to the registration of the order and the automatic reservation of the Good/Service.

8.3. The Seller assumes responsibility for delivery of only one unit of any given product in a registered order. The remaining number of units of this specific product will be confirmed or rejected depending on the available stocks.

8.4. The Customer is responsible for all data for the purchase, which s/he has ordered through his/her complete and submitted order, to be true, complete and accurate as of the date of submitting this order.

8.5. By submitting the order, the Customer allows the Seller to contact him/her in any possible way, when necessary in relation to the order or the contract.

8.6. The Seller has the right to refuse to fulfill (cancel) the Order made by the Client, for which he should notify the Client. The cancellation of the order does not entail any liability or subsequent obligation of either party towards the other in relation to it and, accordingly, neither of them has the right to seek compensation from the other for its cancellation in the following cases:

• non-acceptance by the issuing bank of the Client of the transaction, in the case of an online payment;
• carrying out a monetary transaction which does not lead to the reception of funds onto the Seller’s account, in the case of an online payment;
• the data provided by the Client on the Website in incomplete and/or incorrect.

8.7. In the event that the Customer requests to withdraw from the Contract within the withdrawal period granted to him/her by the Seller, the Seller commits to refund the prepaid order within 14 (fourteen) days from the date of receipt of the notice stating that the Customer requests to withdraw from the Contract. The amount will be refunded as follows without incurring any additional costs for the Client:

• Payments made by debit or credit card – by refund to the account from which the payment was made
• Payments made by cash on delivery – to a bank account, to be additionally provided by the Client

8.8. The Seller has the right to delay the refund in cases of withdrawal from the Contract until receiving the sold Goods or until receiving proof that the sold Goods have been sent if the Seller did not offer to take the Goods himself, whichever occurs first.

8.9. Only consumers within the meaning of the Consumer Protection Act have the right to return goods in respect of the goods offered by Orthoteh, provided that when more than one unit of a given brand and model of goods has been ordered, the packaging of only one unit has been unsealed and the rest are returned to the Seller sealed.

8.10. In case that the ordered and prepaid by the Client Goods and/or Service cannot be delivered/provided by the Seller, the latter will inform the Client about this and will refund the already paid Goods and/or Service to the Client’s account within 7 (seven) days from the date on which the Seller has established this fact or from the date on which the Buyer has clearly expressed his/her desire to terminate the Contract.

8.11. The conditions and procedure for return or exchange are published on the website.

 

9. Invoicing – payment

9.1. The prices of the Goods and Services announced on the website www.orthoteh-bg.com are final and include VAT, as well as all other taxes and fees provided for in the current legislation.

9.2. The price, the method of payment and the deadline for payment when issuing invoices are indicated in each Order.

9.3. The Client is obliged to provide all the necessary information for the issuance of the invoice in accordance with applicable laws.

9.4. The Seller will issue to the Client an invoice for the ordered and delivered Goods/provided Services based on the information provided by the Client.

9.5. Payment for the requested goods or services is made through:

• Cash on delivery – i.e. the user pays for the order upon receipt;
• Debit or credit card.

 

10. Delivery of Goods

10.1. The Seller commits to deliver the ordered and purchased Goods through a courier company to the address specified by the Buyer or to the branch office of the courier company, depending on the choice of the Client.

10.2. The Seller will ensure the appropriate packaging of the Goods and the sending of the accompanying documents.

10.3. Every user who has placed an order through the website or by phone or e-mail listed on the website www.orthoteh-bg.com is obliged to release his/her shipment from the courier company, except in cases where there is a discrepancy with the item or its integrity is violated. The products are sent in undamaged commercial form and content, ready to use! If a user doubts this when accepting the products, s/he must contact us immediately by phone at +359 877 73 23 09 and make a complaint to the courier who delivers his/her order.

10.4. Each customer has the right to refuse his/her order, even after it has already been sent, but must pay the courier costs in both directions to return the goods back to the sender Orthoteh.

10.5. After an order is placed by a user, it is automatically processed and handed over for packaging, without further confirmation by phone. When specific details regarding the order have to be discussed, we ask that each customer contact us in advance by phone at +359 877 73 23 09.

10.6. Term for execution of the order – from 1 to 3 working days. We use the services of the courier company Econt.

10.7. If you wish to receive several products within the same delivery, please add each of them to one common basket.

10.8. Each of our shipments is sent to you with the INSPECTION option, please be sure to take advantage of it and inspect your shipments IN FRONT OF THE COURIER OR AT THE ECONT OFFICE. Missing items or discrepancies in your order which have not been registered with the Courier or at an Econt office, will not be respected!

10.9. We send your products in undamaged commercial form and content, completely ready to use! If you have any doubts about this when receiving the products, please contact us immediately and file a complaint to the courier who delivers your order. If you want to return a product, it must be returned in commercial form. Under commercial form it is understood that the product packaging is UNDAMAGED and the product HAS NOT BEEN USED. When the return of the product is due to a defect in the product or a complaint, the shipping costs for returning the product are paid by the customer. The return is mandatory with the courier company Econt – to its office servicing Orthoteh Ltd. (Office of Econt Sofia – Iskar Train Station/Еконт София – Гара Искър).

10.10. The Customer who has placed the order is obliged to release his/her shipment within 7 days of its arrival at the office of Econt. In cases when you do not pick up your order from the courier office within 7 days, for every subsequent day of stay (storage) a fee of BGN 4.85 (including VAT) is charged, according to the tariff of the courier company. The desire to store the shipment at the courier’s office after the seventh day must be stated in writing by the customer.

10.11. Please note that once you have completed your order, it is delivered to the courier company as quickly as possible and cannot be stopped. In case of cancelation of an already sent order, you must pay for the shipping fees to the courier company in both directions.

10.12. We reserve the right, in case of unforeseen circumstances, to deliver your products within a different period than mentioned for reasons for which you will be informed in a timely manner.

10.13. In the event of a complaint, the client must notify us immediately in writing by e-mail at office@orthoteh-bg.com

10.14. In case the client refuses to pay the due amount for the ordered goods and their delivery, the amount due for sending and returning the goods will be sought in court with all the ensuing consequences – the conviction will lead to payment, in addition to the amounts due for the order, of the costs of the case: state fees, attorney’s fees, deposits for experts, costs of a private bailiff, etc.

 

11. Responsibility

11.1. The Seller is not liable for any damages suffered by the Buyer or third parties as a result of force majeure or reasons beyond the control of the Seller.

11.2. In all other cases, the Seller’s liability is limited at maximum to the value of the ordered and paid for Goods.

 

12. Personal Data

12.1. Any person who has provided his personal data during registration agrees that the information provided by him/her will be used by the website administrators to achieve the purposes of the latter. In the database of www.orthoteh-bg.com, users receive full protection of their personal data. The information will be used only for the correct execution of the orders made by the users and the improvement of the quality of the service.

12.2. Orthoteh takes responsibility not to provide your data to third parties, except in statutory cases. Read our privacy policy in detail here.

13. Additional Terms

13.1. The present General Terms and Conditions may be unilaterally revised and updated at any time by Orthoteh without notifying the user. By using the website www.orthoteh-bg.com, you expressly agree with any changes which have been made.

13.2. In the event that any of the conditions stated in these General Terms of Use of the website becomes invalid by virtue of a court decision, the rest of the General Terms and Conditions remain in force.

13.3. The provisions of the current legislation of the Republic of Bulgaria shall apply to all issues not covered by the present General Terms and Conditions.