Terms of Service
Please, read carefully the following GENERAL TERMS AND CONDITIONS of use of the websites originofhearts.com, hereinafter referred to in short as THE WEBSITES, prior to your use of those WEBSITES.
- GENERAL PROVISIONS
Art. 1. (1) Through THE WEBSITES of ORIGIN OF HEARTS. – a company located in Barcelona, Spain
(2) These General Terms and Conditions shall govern the relations between ORIGIN OF HEARTS. On the one part and one the other part – each person using THE WEBSITES, hereinafter referred to as USER. The relations between the parties identified in the preceding sentence and governed by these General Terms and Conditions shall fall into two groups:
– relations arising on account of use of THE WEBSITES and
– relations arising on account of purchase of goods through use of THE WEBSITES.
Art. 2. In order to be able to use the services on THE WEBSITES you must expressly accept these General Terms and Conditions. Such acceptance shall be effected by checking the field entitled „I hereby agree with the General Terms and Conditions of Use” when you are asked whether you accept the General Terms and Conditions of Use of THE WEBSITES.
Art. 3. THE USER shall only be entitled to use the services of THE WEBSITES for personal/non-business purposes.
- GENERAL DESCRIPTION OF THE SERVICES
Art. 4. THE WEBSITES enable THE USER to place online orders for the purchase of goods from THE WEBSITES. They provide you with a wide-ranging choice of esteemed trademarks, with detailed descriptions and photos, as well as with the opportunity to purchase quickly, comfortably and easily the goods you like, which will be delivered to an address provided by you.
III. MARKETED GOODS
Art.5 (1) THE WEBSITES contain offers relating to the marketed goods. Such offers may be separated and arranged by various indicators, as desired by THE USER.
(2) The offers contain the basic information pertaining to the marketed product (according to its type) and the product’s price. The offers come along with photos.
(3) The price of the individual good, as stated in each offer, refers to one unit of that good.
Art. 6. You may shop from THE WEBSITES as „Guest” or as „Registered user”.
Art. 7. (1) By registering an account via use of email you will save the time to enter a name, phone number, and address every time you shop, in addition, you receive extra privileges, such as being the first to find out about our special offers and discounts.
(2) THE WEBSITES enable you to register as a legal entity as well, whereas all company particulars required for invoice issuance are to be entered upon registration.
(3) When completing an electronic registration form THE USER shall be obliged to provide full and true data regarding their identity and the other information required by the electronic form, and shall also be obliged to update such particulars within 7 days of any change therein.
In the event of THE USER providing false particulars when completing the electronic registration form or fails to update any occurred changes within the deadline set forth in the preceding article, THE WEBSITES shall be entitled to suspend forthwith support of THE USER’s registration and access to the customer profile.
(4) Prior to sending the registration form THE USER may freely modify the data entered in the said registration form.
(5) Once you have registered, you may modify your data in the My Profile section. You may change your delivery address there or at the time of placing an order in the Your Basket panel.
- PURCHASE ORDER
Art. 8 (1) THE USER must add the products intended for purchase to their basket.
(2) A certain product may be added to the Basket by clicking on the title or photo of that product and then clicking on the ADD TO BASKET button.
(3) To examine the products in their Basket, THE USER must press the TO BASKET button in the small pop-up window, which appears when the mouse cursor is moved to the uppermost right corner of THE WEBSITES.
Art. 9. (1) The product purchase orders are placed by completing a dedicated form contained on THE WEBSITES.
(2) The purchase order appears when the PAYMENT button in the BASKET section is clicked on. Then, in order to place the order, THE USER must complete the fields in the order, with the mandatory fields being marked by asterisk (*). To move to each following section in the order one must click on the CONTINUE button. THE USER may return to a previous order section by pressing the “”Edit” button to the right side of the section title.
(3) The order automatically details the type, quantity, and exact final price (including VAT) of the goods, according to the contents of the “Basket” previously entered by THE USER.
(4) When completing a purchase order THE USER undertakes to supply true and accurate information.
Art. 10. (1) The order is placed when the ORDER button in the PAYMENT section is clicked.
(2) The action detailed in the preceding paragraph, as executed by a USER, constitutes declaration of intent to enter into contract between THE USER and ORIGIN OF HEARTS pursuant to the terms stated in the order,
Art. 11. Within 1 business day of the order’s placement, a representative of ORIGIN OF HEARTS. shall dispatch to THE USER an electronic message confirming order receipt or notifying THE USER that their ordered item is not available.
- REFUSAL TO DELIVER
Art. 12. ORIGIN OF HEARTS shall be entitled to refuse to deliver an ordered product due to technical or organizational reasons. An express notification of such refusal shall be sent to email address provided by THE USER.
VII. TERMS OF DELIVERY
Art. 13. Delivery of any product ordered via use of THE WEBSITES shall be performed under the terms detailed in this section.
Art. 14. Deliveries will be performed via the POST OFFICE courier company.
Art. 15. Delivery within Europe, Asia, North & South America will be included in the price.
Art.16. The goods ordered by THE USER shall be delivered from 7 (seven) to 30 (thirty) business days as of order placement, provided that the delivery address is valid and accurately entered.
Art. 17. The ordered goods shall be shipped in suitable packaging according to its features and the shipment vehicle used.
Art. 18. (1) The ordered goods shall be delivered to the address entered by THE USER in the placed order.
(2) THE USER shall be obliged to ensure access to and the ability to receive the goods at the address referenced in Para 1.
(3) If THE USER is not found within the lead time for the order at the provided address or if access is not provided in order to deliver the goods within the stated lead time, the order shall be deemed cancelled, with ORIGIN OF HEARTS being relieved of its obligation to perform the delivery.
(4) In the event of THE USER confirming their wish to receive the ordered goods following the lead time within which they have not been located at the address, they shall incur the expenses associated with the second delivery. The second delivery expenses shall be paid upon receipt of the goods concurrently with the total amount for the order and the expenses associated with the first delivery.
- REFUSAL TO RECEIVE DELIVERED GOODS AND RETURN OF DELIVERED GOODS
Art. 20. (1) A USED, who has placed an order to purchase goods from the WEBSITE, shall only be entitled to return such goods in the following cases:
- If the delivered goods are not those ordered by THE USER;
- If the delivered goods has defects;
- If the goods were damaged during shipment;
- If the price, which THE USER must pay, is not the one stated on the WEBSITE;
- If the delivery lead time was exceeded.
(2) Apart from the cases listed in the preceding paragraph, THE USER shall not be entitled to refuse to receive and pay for goods, which they have ordered for purchase. Should THE USER opt to do so, they shall be liable to pay for the costs incurred for the delivery and return of the goods to ORIGIN OF HEARTS.
Art. 21. (1) After receiving and paying for the goods, THE USER may demand their return to ORIGIN OF HEARTS. and refund of the price paid for the goods in the following cases:
- If the goods contain a defect or inconsistency, which could not have been detected via a standard examination;
- If it is found during use of the goods that they contain a defect, which renders them unfit for their intended purpose;
- In the cases of repudiation of the contract pursuant to the provisions of Art. 25-28 of these General Terms and Conditions.
(2) THE USER may exercise the rights stated in the preceding paragraph in case they produce the receipt for the purchased goods.
Art. 22. If there is any inconsistency between the ordered and delivered goods, which could not have been established at the time of delivery, the goods shall be exchanged within 1 (one) business day of receipt of the inconsistency notification, as sent by THE USER to ORIGIN OF HEARTS. via the system dedicated for such purpose.
Art. 23. (1) Where THE USER desires to exchange an item purchased on the WEBSITE for the same item in a different size or for another item, the purchased item shall be returned via courier following the procedure detailed in the return and exchange system at THE USER’s cost solely and only provided that the goods are in their original shape, and have not been used, and the packaging and the receipt have been preserved.
(2) The substituting item shall be sent to THE USER, pursuant to the provisions of these General Terms and Conditions, to THE USER-entered delivery address, at the cost of ORIGIN OF HEARTS., provided that the order is covered by the promotional free-delivery terms.
Art. 24. (1) THE USER shall be entitled to repudiate the contract without stating a reason, without being liable for compensation or penalty, and without paying for any expenses, except for the expenses listed in Art. 26, Para 2 and Art. 27, within 14 days as of:
- receipt of the goods by THE USER or by a third party different from the shipper and nominated by THE USER, or
- receipt of the most recent goods by THE USER or by a third party different from the shipper and nominated by THE USER, where THE USER has ordered via one order multiple goods, which are being delivered separately.
(2) ORIGIN OF HEARTS. shall make available to THE USER the standard form for exercise of the repudiation right pursuant to Annex No 6 of the Consumer Protection Act. Such form shall constitute Annex No 1 to these General Terms and Conditions.
(3) In order to exercise the repudiation right, THE USER must notify their name, geographic address, and (if any) any phone number, fax number, and e-address, as well as their decision to repudiate the contract by virtue of unequivocal statement. In order to exercise the repudiation right THE USER may use the standard repudiation form, which constitutes Annex No 1 to these General Terms and Conditions or state otherwise and unequivocally their decision to repudiate the contract.
(4) The contract repudiation decision may be sent via email to ORIGIN OF HEARTS. –firstname.lastname@example.org
(5) In order for THE USER to comply with the contract repudiation deadline, it shall be sufficient for them to send their notification regarding exercise of the repudiation right prior to expiry of the contract repudiation deadline, as stated in Art. 23, Para 1, Sections 1 & 2.
Art. 25. (1) Should USER repudiate any contract executed between them and ORIGIN OF HEARTS., ORIGIN OF HEARTS. will refund to THE USER all payments it has received from the latter, including the delivery costs (apart from the extra costs associated with a USER-selected mode of delivery, which is different from the cheapest standard mode of delivery offered by ORIGIN OF HEARTS.), without unjustified delay and in any case no later than 14 days as of the day, on which THE USER has notified to ORIGIN OF HEARTS. the decision to repudiate the contract. TOTALLY PRODUCTIONS LTD. will make the refund by using the same payment method, which was applied by THE USER in the original transaction, unless THE USER expressly agrees to another mode of refund; in any case such refund shall not result in any costs for THE USER.
(2) ORIGIN OF HEARTS. shall not be obliged the extra costs for delivery of the goods, where THE USER has expressly selected a mode of delivery, which is different from the cheapest standard mode of delivery offered by ORIGIN OF HEARTS..
(3) ORIGIN OF HEARTS. shall be entitled to defer its refunding of the payments until the goods have been returned or until THE USER produces evidence of having returned the goods, whichever occurs first.
(4) In the event of contract repudiation THE USER must send or return the goods either to ORIGIN OF HEARTS, without unjustified delay and in any case no later than 14 days as of the day, on which THE USER has notified to ORIGIN OF HEARTS.
The deadline shall be deemed met should THE USER return the goods prior to expiry of the 14-day period. ”
Art. 26 In the event of contract repudiation THE USER must cover the direct expenses for the goods return. The expenses for each returned good are expected not to exceed € 15 .
Art. 27. In the event of contract repudiation THE USER shall only be liable for the reduction in the goods’ value resulting from any try-out, other than the one necessary to ascertain their nature, features, and proper operation.
Art. 28. Returns or exnchanges of underwear or swimming suits are not allowed.
- Payment Methods
Art. 28. Payment of the price for ordered goods shall be made by using any of the following methods, at THE USER’s discretion:
- Via bank card.
- RIGHTS OVER INTELLECTUAL PROPERTY ITEMS AND USE OF NEWS
Art. 29. (1) The WEBSITES’ content – databases, texts, texts, photo material, graphics, etc., – is protected by copyright and neighbouring rights within the meaning of the Copyright and Neighbouring Rights Act, as well as rights protected by the Marks and Geographical Indications Act, the rights holders being ORIGIN OF HEARTS. and/or its partners and vendors.
(2) No part of THE WEBSITES may be reproduced under any form whatsoever, for any purpose whatsoever and in any medium or computerized environment whatsoever without the express written consent of the holder of the relevant intellectual property right – ORIGIN OF HEARTS. and/or its partners and vendors. Any improper use of THE WEBSITES’ content will be construed as violation of the Copyright and Neighbouring Rights Act, Marks and Geographical Indications Act, and the other applicable and enacted laws in Republic of Bulgaria.
Art. 30. The news published on those WEBSITES are only intended for personal use by THE USERS. Use for any other purposes such as publication, multiplication, any form of commercial use, as well as transmission to third parties in full, partial, or processed form without the express written consent of ORIGIN OF HEARTS is unauthorized.
XII. PROHIBITED CONDUCT
Art. 31. (1) THE USER shall not be entitled to act in any manner, which contravenes the generally established rules of communication.
(2) THE USER shall not be entitled to perform malevolent acts – dissemination of viruses and other actions violating rights or interest of ORIGIN OF HEARTS and/or of third parties.
XIII. PERSONAL DATA AND PROTECTION THEREOF
Art. 32. (1) ORIGIN OF HEARTS is a personal data administrator registered under the Personal Data Protection Act.
(2) THE WEBSITES warrant privacy of the information containing personal data, as provided by the USER via the completed registration applications. Disclosure of such information shall only be possible in the cases where it is requested by government bodies or officers authorized by law to request and collect any information containing personal data, in accordance with the established statutory procedure.
(3) ORIGIN OF HEARTS may use the collected traffic data pertaining to THE WEBSITES in order to prepare in-house stats for the purposes of its marketing campaigns.
Art. 33. (1) By accepting these General Terms and Conditions, THE USER agrees to the processing of their personal data.
(2) THE USER shall be entitled to object to the processing of their personal data for direct marketing purposes by sending a written notification to ORIGIN OF HEARTS at the contact address and e-mail stated on THE WEBSITES.
Art. 34. By accepting these General Terms and Conditions, THE USER agrees to the use of “Cookies” on the part of ORIGIN OF HEARTS, as these help us provide what we believe is the best possible service.
Art. 35. ORIGIN OF HEARTS makes every effort to maintain on THE WEBSITES information that is true, accurate and current, without precluding the possibility of occasional inconsistencies or omissions occurring for fair reasons.
Art. 36. ORIGIN OF HEARTS shall not be liable for any consequences, including potential damages, which arise from or relate in any manner whatsoever to the access to, use of, or inability to use THE WEBSITES.
Art. 37. ORIGIN OF HEARTS shall not be liable for the information (incl. the completeness and reliability thereof) contained on other sites, to which THE WEBSITES provide links.
Art. 38. ORIGIN OF HEARTS shall not be liable for any fallacy of the information provided by a manufacturer in regards to a given product’s characteristics.
- CHANGES TO THE GENERAL TERMS AND CONDITIONS
Art. 39. (1) In the event of any change to the General Terms and Conditions, the new General Terms and Conditions shall be effective vis-à-vis a registered USER provided that ORIGIN OF HEARTS has sent such Terms to the e-mail address made available and THE USER fails to state their rejection of the change to the General Terms and Conditions within the prescribed period.
(2) In the event of any change to the General Terms and Conditions, the new General Terms and Conditions shall not apply not any relations arising on account of the purchase of goods via use of THE WEBSITES, as per THE USER’s placed order.
Art. 40. Within the meaning of these General Terms and Conditions „Cookies” may contain random information selected by the server and shall be used to support the condition of the HTTP transactions, which would otherwise be “no status” ones. These shall be used to verify the identity of a registered user of THE WEBSITES as part of the login process or the original registration on the site, with THE USER not being required to enter username and password anew at each following access to this website. Another application of the “Cookies” is support of the “Shopping Basket” for goods selected for purchase from a given website during a user session, for customization of THE WEBSITES (making various webpages available to different users), as well as for tracking the access of individual users to a particular website.
XVII. FINAL PROVISIONS
Art. 41. These General Terms and Conditions have been adopted by Resolution dated 31.3.2018 of the General Meeting of ORIGIN OF HEARTS.
Art. 42. These General Terms and Conditions shall enter into force on the day of their publication on THE WEBSITES.