Applicability of General Terms and Conditions
The following terms and conditions (the “Terms and Conditions”) govern the sale of any safety related products for climbing activities (“Products”) supplied by Safety Engineering OOD (“Safety Engineering”) to a customer (“Customer”) and the provision by Safety Engineering of any related services (such as installation services) to the Customer, as applicable, to the exclusion of any other terms and conditions that the Customer may attempt to impose on Safety Engineering under any purchase order or otherwise, unless such other terms and conditions are expressly agreed upon in writing by Safety Engineering.
The receipt by Safety Engineering of a purchase order in any form, title or name, (a “purchase order”) from the Customer shall be deemed to be the Customer’s acknowledgment and acceptance of these Terms and Conditions. Any purchase order submitted through the standard order form on this website constitutes an offer to Safety Engineering to buy Products. References to “purchase order” herein shall mean any document other than the Terms and Conditions negotiated or executed by Safety Engineering and the Customer for the purchase and sale of Products and/or services.
Acceptance of Orders
Customer purchase orders are subject to acceptance by Safety Engineering, which acceptance shall be at Safety Engineering’s sole discretion. No purchase order shall be binding on Safety Engineering unless and until it has been accepted in writing by Safety Engineering
Depending on the Customer’s location, prices are quoted in either U.S. Dollars or Euro and are subject to change without prior notice. All taxes (including VAT), transportation costs, duties and other charges, if any, are in addition to the quoted price.
Unless Safety Engineering and the Customer agree otherwise in writing, payment for all Products and services shall be made through the payment facilities on the website or by bank wire transfer prior to delivery, free of all bank charges. Safety Engineering reserves the right to change the payment methods at any time.
Unless Safety Engineering and the Customer agree otherwise in writing, delivery of all Products shall be EXW Safety Engineering’s facility. Times for delivery are estimates only. Safety Engineering shall not be liable for any damages arising out of any delay in delivery for any reason. Delivery to the Customer’s site constitutes delivery to the Customer, regardless of whether the Customer or his agent is at the site at time of delivery or signs a delivery receipt. Any claims for shortages or improper delivery must be made in writing within five (5) days of delivery, failing which such claims shall be deemed waived by the Customer.
Unless Safety Engineering and the Customer agree otherwise in writing, Safety Engineering shall have no responsibility for the installation of any Products.
Ownership and Risk of Loss
Ownership of the Products shall pass to the Customer when Walltopia receives full payment of all sums due in respect of the Products, including taxes and delivery charges. The risk shall pass to the Customer upon delivery.
The Products purchased on this site and manufactured by Safety Engineering are covered by Safety Engineering’s manufacturer warranties. Safety Engineering warrants for one year from purchase date – and only to the original Customer – that the Products are free from defects in material and workmanship. In case of a warranty the Customer should submit a warranty claim by emailing firstname.lastname@example.org within 2 (two) days of receipt of the product(s). No claims will be accepted beyond this deadline. Unless otherwise provided below for in the statutory warranties, the Product will be repaired or replaced at Safety Engineering’s discretion. Safety Engineering reserves the right to require proof of purchase for all warranty claims. In case of purchase of Products other than those of Safety Engineering’s own manufacture, Safety Engineering shall pass through to Customer the original manufacturer’s warranty to the extent permissible. The warranty is not applicable in the event of partial payment for the Products.
Statutory Warranties (Applicable only to Consumers).
The Products purchased through this website by Customers who are natural persons ordering the Products for purposes that do not fall within the sphere of their commercial or professional activity and natural persons who act outside of the sphere of their commercial or professional capacity (“Consumers”) have a statutory warranty under the Bulgarian Consumer Protection Act (“BCPA”). Under the statutory warranty and within the limits of the BCPA, Consumers have a period of 2 years from the delivery of the Products to ask for repair or replacement of Products purchased through this website that are defective or not in conformity with their descriptions on the website. The rights and limitations of the Consumers in connection with the statutory warranty are described in detail in Articles 112-115 of the BCPA.
Statutory Right of Withdrawal (Applicable only to Consumers)
Customers who are Consumers, as defined above, have a statutory right under the BCPA to withdraw from a contract for purchase of Products executed through the website within 14 days from the date of delivery of the Products, without being required to provide any reason. To exercise the right, the Consumer must inform Safety Engineering with a clear statement about the decision to withdraw from the contract by emailing email@example.com. The Consumer may, but is not obliged to, use the standard withdrawal form available in Schedule 1 herein. The Consumer has to include his or her bank account details in the notification for withdrawal in order to enable Safety Engineering to proceed with the reimbursement of the amounts paid. By accepting these Terms and Conditions, the Consumer explicitly consents to receive the reimbursement amounts via bank transfer, regardless of the means of payments used by the Consumer for the initial transaction.
Effects of Withdrawal
The Consumer has 14 days from the date of informing Safety Engineering about the withdrawal to return the Products to the following address: ul. “Saedinenie” 299 1151 Lozen, Sofia, Bulgaria. The Products must be returned in their original condition, completed with all parts and accessories, and accompanied by all initially included documentation, such as manuals, instructions, purchase documents, etc. The Consumer must pay all costs associated with the return of the Products and shall bear the risk of accidental loss or damage to the Products until the date of delivery of the Products to address listed above.
Safety Engineering shall reimburse to the Consumer all payments, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Safety Engineering), without undue delay and in any event not later than 14 days from the date on which Safety Engineering is informed about the Consumer’s decision to withdraw from the contract. Safety Engineering reserves the right to postpone the reimbursement until Safety Engineering receives the Products backs or receives evidence from the Consumer that the products have been sent back, whichever is the earliest.
Should either party fail to fulfil its obligations, this Purchase order will automatically be terminated in favour of the other party without prejudice to any damages that could be claimed from the party at fault.
In the event of any change in the Customer’s situation such as death, bankruptcy, judicial settlement or liquidation of assets, Safety Engineering reserves the discretionary right to maintain or terminate unilaterally.
Should the Purchase order be terminated due to a breach in obligations by the Customer, or to force majeure, the sums paid may be retained by the Seller.
Limitation of liability – Applicable to Professional Customers
Except in the event of personal injury or death caused by Safety Engineering’s gross negligence, Safety Engineering’s liability shall not exceed the price paid by the Customer, regardless of the extent and the cause of the damage.
Safety Engineerings liability is expressly excluded in case of incidental damages, inability to place an order or loss of income or profits.
If the Supplier is delayed in the performance of the Purchase order by labour disputes, strikes, lock-outs, fire, unusual delay by common carriers, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, epidemic or pandemic, nuclear, chemical or biological contamination, or sonic boom, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, abnormally adverse weather conditions, or any cause beyond the Supplier’s reasonable control other than one resulting from a default or breach of the Agreement by the Supplier, then the time for performance of the Purchase order shall be extended for such reasonable time as agreed between the Parties. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Supplier agrees to a shorter extension.
Exchange of Products
In cases where the Customer receives Products by the Supplier and it is explicitly specified in the Purchase order to return Products that have been previously purchased by the Customer, the Customer shall send the same via courier service with tracking number within 7 (seven) from the receipt of the exchange Products. Failing to meet the deadline will result in charge to the Customer amounting to the full price of the recevied Product as per the Website.
These Terms and Conditions and any agreement for the sale of Products, or for the provision of related services, shall be construed in accordance with the laws of the Republic of Bulgaria.
Any and all disputes arising out of or relating to any purchase order shall be resolved exclusively by the Bulgarian courts.
Amendments to the Terms and Conditions.
Safety Engineering reserves the right to modify or adapt the Terms and Conditions at any time. The Terms and Conditions applicable are those in force on the day of the placement of Customer’s purchase order. Prior to every new order, the Customer shall carefully read and agree to the Terms and Conditions.