Terms & Conditions

These General Terms and Conditions govern the rules for the use of the website www.fortelier.com, including the conclusion of a distance contract for the purchase and sale of goods from the electronic shop.

The general terms and conditions of use of www.fortelier.com were last amended on 02.11.2022

Seller details

“VSh” Ltd., UIC: 204148557, with headquarter and management address: Gabrovo, 5300, 25 Stefana Bogdan Gencheva Str.

You can reach and contact “VSh” Ltd. at the address indicated above, as well as by phone +359 89 689 9945, or by e-mail office@fortelier.com.

Definitions

Seller/Provider of the online trading place – “VSh” Ltd.

Third party offering the goods (artwork) – information about this person is indicated under the name of each article, as its author. In cases where the names of a natural person are indicated, the same is not a trader and the Client/User does not have the rights arising from the Consumer Protection Act and from other laws introducing requirements of European Union consumer protection law.

www.fortelier.com – the platform of the electronic shop administered by “VSh” Ltd.

Website – the domain www.fortelier.com and its subdomains;

Client/User – any natural person over the age of 18 or legal entity or other legal entity that uses the website of “VSh” Ltd. in any way, including, but not limited to visiting it, browsing, making orders from it, buys, returns goods, declares and performs the use of services, optionally but not necessarily, registers an Account on the site, etc.

Order – an electronic document representing a form of communication between the Seller and the Buyer, through which, through the use of the website through his Account or as an unregistered user, the Buyer declares to the Seller his intention to purchase Goods from the website.

Account – a section of the website formed by an email address and password, which allows the Client to send the Order and which contains information about the Client and the history of some of his actions on the website (orders, tax invoices, list of favorite products, etc. ).

Wishlist – a web page in the Client’s Account where he can add and track the availability and/or price of products he is interested in.

Goods – any subject of the contract for purchase and sale from the website.

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

Content:

    • all information on the website that is accessible by connecting to the Internet and using 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 for its transmission at a distance, as well as the content of any message sent by the Seller to the Buyer in the same way;
    • the information related to the goods and/or the tariffs applied by the Seller in a certain period of time;
    • the information concerning the Clients and related to the goods.

Newsletter – means of periodic information about the Goods offered by the Seller and their promotions and/or availability, sent electronically via e-mail, SMS and/or other chat/text service.

Transaction – the action on the part of “VSh” Ltd. to refund an amount to the Buyer as a result of cancellation or non-execution of a purchase and sale contract by the website, carried out only via bank transfer.

Specifications – all characteristics and/or descriptions of the Goods as set out in their description.

Registration of an order – notification to the Client that the order has been registered on the platform of the electronic shop of “VSh” OOD Ltd.  is in processing status.

Confirmation of the order – notification to the Client that there is consent for the Seller to commit to the fulfillment of the order.

Dispatch of the order – action by the Seller to send the pre-paid Order to the Client with the exact submitted data – name, exact address, contact phone number, e-mail.

General Provisions
  1. The general terms and conditions of “VSh” Ltd. are binding for all users of the website
  2. Any use of this website means that you have (a) carefully read the general terms and conditions of use and (b) agreed to be unconditionally bound by them.
  3. The General Terms and Conditions can be unilaterally changed by “VSh” Ltd. at any time by updating them. These changes are effective immediately upon posting and are binding on all users/customers.
  4. “VSh” Ltd. has the right to make changes to the terms of use at any time at its own discretion or if the same changes are imposed by virtue of a legal act that has entered into force. Changes may have retroactive effect on orders that are already delivered and confirmed. In case the changes refer to the price of an Order that has been confirmed by the Seller, the User is obliged to pay the price that was current at the time of the request and order confirmation.
  5. In any case of a change in the general conditions, as well as in the case of a change in the general conditions of individual campaigns, promotions, loyalty programs, other programs or general conditions for other activities, “VSh” Ltd. will inform its customers about the changes through the publication them on the website. In this sense, you, as a Client, have the obligation to check for possible changes to the general terms and conditions of the website at each use. For any amendment to the general conditions under an already concluded contract, the Client will be notified within 7 days of the occurrence of this circumstance at the telephone, e-mail or correspondence address specified by him.
  6. If some of the provisions of these general terms of use of the website are found to be invalid or unenforceable, regardless of the reason for this, this does not entail the invalidity or applicability of the remaining provisions.
  7. “VSh” Ltd. makes serious efforts to maintain the accuracy of the information presented on the website. However, given the possible technical errors or omissions in this information, “VSh” Ltd. specifies that the images of the products are informative and indicative in nature, accordingly the delivered products may differ from the images due to a change in their characteristics or design.
  8. The characteristics or prices of the products described on the website are binding for “VSh” Ltd. and can be adjusted accordingly at any time. “VSh” Ltd. is not responsible for damages caused by any obvious technical errors that occurred or were made on the website.
  9. It is possible that, due to limited space and the sequential structure of information, product descriptions may sometimes be incomplete. However, „VSh“ Ltd. strives to provide the most relevant and relevant information.
  10. All goods, including those on promotion/discount, are sold and delivered while supplies last, even if this is not explicitly stated on the website.
  11. The website may contain links to other websites. “VSh” Ltd. is not responsible for the privacy policy of websites that it does not administer, as well as for any other information contained therein.
Contract conclusion
  1. By registering an Order on the website, the Buyer agrees by phone or email to state his desire to receive the relevant goods from the Seller against payment.
  2. The Seller sends a notification to register the Order in his system, which does not mean acceptance, confirmation or commitment to its execution. The Seller makes this notification electronically (email) or by phone.
  3. In this sense, the Seller has the right not to deliver part or all of the goods from the Order at its discretion, including, but not limited to, due to the exhaustion of their stock availability or a change in price. In all cases, the Seller shall notify the Client of this by e-mail or by telephone. In this situation, the sole responsibility of the Seller is to return any previously received price of the goods.
  4. The purchase and sale contract between the Seller and the Client is considered to be concluded at the moment of receipt by the Client of his e-mail and/or via SMS sent to his phone upon notification by the Seller that he confirms the order and is ready to send the goods from the order or to provide the service.
  5. The sales contract is concluded and executed by the Seller after advance payment of the order/s by bank transfer or through virtual payment system.
  6. The Seller and the Buyer enter into separate sales contracts for each of the goods separately, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.
  7. The seller can organize together and simultaneously the delivery of the goods ordered with the separate sales contracts.
  8. The Buyer’s rights in relation to the delivered goods are exercised separately for each sales contract. The exercise of rights in relation to delivered goods does not affect and has no effect in relation to the sales contracts for the other goods.  The exercise of the right of the Buyer to withdraw from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.
  9. When exercising the rights under the sales contract, the Client is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.
  10. The user can pay the price for the individual sales contracts at once when placing the order for the goods.
  11. The Seller and the Customer agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Law on Electronic Documents and Electronic Authentication Services and Art. 11 of the Electronic Commerce Act.
  12. The electronic statements made by the Client are considered to have been made by the persons indicated in the data provided by the Client during registration, if the Customer has entered the corresponding name and password for access.
  13. The client undertakes not to submit fictitious or invalid requests for concluding a contract, as well as any other false, incomplete or inaccurate information in connection with the execution of the contract, including, but not limited to, names, address, telephone and e-mail address.
  14. In the event that the Client has a registered Account in the e-shop and if he wishes to have it deleted, this can be done by submitting a written request to the e-mail: office@fortelier.com. The request must include all data related to the account, including name, address, phone, e-mail.
Online Sales Policy
  1. Access to www.fortelier.com for the purpose of order registration is allowed to every Client.
  2. “VSh” Ltd. reserves the right, at its discretion, to limit the access of any Client to the realization of an Order and/or to any of the possible payment methods, if it considers that this would be to the detriment of “VSh” Ltd. in any way, without the need to motivate its actions. “VSh” Ltd. is not responsible for any damages that the Client has suffered or may suffer as a result of this decision, regardless of its correctness or justification.
  3. The client has the right to contact “VSh” Ltd. at the addresses specified in the “Contacts” section of the website, but opinions or messages that contain obscene words or inappropriate vocabulary will be ignored. The Seller has the freedom to process the information received from the Client without the need to motivate his actions in connection with this. The seller undertakes to store and process the received information according to the requirements of REGULATION 2016/679.
  4. “VSh” Ltd. may publish advertising or promotional information about the goods and/or services offered by for a certain period of time, as well as stock information.
  5. All prices of the goods on the site are final, they are announced in euros (EUR) and leva (BGN), and VAT and all other legally required taxes or fees (if any) are charged at the time of payment of the order by side of the Client, given his location as a taxable person.
  6. The client agrees to pay for transport, insurance and delivery of the selected item at his own expense. The Client agrees that upon explicit agreement with the Seller, and/or at his request, the Seller will owe the sum for the insurance and the transport of the purchased goods.
  7. In the case of online payments or payments by bank transfer, the Seller bears no responsibility whatsoever for any costs in connection with fees, commissions or other additional payments made by the Buyer or his bank on the occasion of the transaction itself, as well as in cases of currency exchange, applied by the bank that issued the client’s card, in cases where the currency is different from EUR or BGN. The same applies to transactions in which “VSh” Ltd. makes to the client, regardless of whether it does so in connection with a refund of any payment to the latter or for any other reason. The costs related to such payments are solely for the account of the Buyer. Therefore, “VSh” Ltd. recommends its clients to check with their bank about possible additional fees that could be charged to them for online payments or those via bank transfer for goods sold by “VSh” Ltd.
  8. All images placed on the website are only intended to create some idea of the type of product/service offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the goods on the site (static/dynamic images/multimedia presentations/etc.) may not fully correspond to the appearance of the respective goods or may create a wrong impression of the service offered. The Client shall have no right to seek any liability of the Seller for such non-conformities.
Use of Subcontractors

The seller has the right to use subcontractors for the provision of the goods offered on the site. The Seller will be responsible for the actions of these subcontractors as its own.

Copyright, Intellectual and Industrial Rights
  1. The content, as defined in the “Definitions” chapter, including, but not limited to, logos, any graphic images or inscriptions, commercial symbols, dynamic symbols, texts and/or multimedia content of the website, are the exclusive property of “VSh” Ltd .
  2. “VSh” Ltd. owns and reserves all rights to the intellectual and industrial property related in any way to the website, regardless of whether they are its own or obtained through contractual agreements, including licenses, or by any other lawful manner.
  3. Nothing in the remote contract concluded between “VSh” Ltd. and the Client will be considered as an authorization by “VSh” Ltd. for the latter to copy, distribute, publish, provide to third parties, modify in any way is any part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the website or product descriptions in any way, including by introducing any content external to the website, the removal of signs denoting the right of ownership of “VSh” Ltd. to the Content. The client has no right to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of “VSh” Ltd.
  4. Any Content to which the Client has access, regardless of the means for this, is subject to regulation by these general terms and conditions and the relevant legislation.
  5. The client has the right to use the Content for commercial purposes only if he has received the written consent of “VSh” Ltd. for this and only to the part of the Content, to the manner and extent of its use, as well as within the time limits, for which this consent has been expressly given. Any subsequent or different use of the Content will be considered a violation of this contract between “VSh” Ltd. and the Client and a violation of the intellectual property rights of “VSh” Ltd.
  6. Mere sending to the Client or referring to the Content or parts of it by “VSh” Ltd. will not be considered as consent on the part of “VSh” Ltd. to allow the Client to use the Content or parts of it for his goals, other than his personal needs, regardless of the means of communication used by “VSh” Ltd.
  7. Any use of the Content for purposes other than those expressly permitted in these general terms and conditions or in another express written consent given by “VSh” Ltd. is prohibited.
  8. “VSh” Ltd. guarantees that the goods it offers are of the origin and authorship that are explicitly indicated, and undertakes to provide the Client with a separate Certificate of Authenticity for each ordered good.
  9. The Client understands and agrees that the purchase of the Product does not grant him any copyright or other intellectual property rights over it.
Order
  1. The Client can place Orders on the site by adding the desired goods to the shopping cart, following the steps indicated on the site to complete and send the relevant Order, regardless of whether he has a registered Account.
  2. Each item added to the shopping cart, product and/or service is available for purchase within the available quantities. Adding a product and/or service to the shopping cart without completing it does not lead to the order being registered and the product/service being automatically saved.
  3. The seller assumes responsibility for the delivery of only one product in a registered order. The remaining number of products of the same type will be confirmed or rejected depending on the quantities available.
  4. The Client undertakes and is responsible for ensuring that all the purchase data that he has requested through his completed and sent to the Seller order are true, complete and accurate as of the date of sending the order.
  5. By sending the order, the Client allows the Seller to contact him in any possible way, when this is necessary in connection with the order placed or the concluded Contract.
  6. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Client, of which he should notify the Customer. The cancellation of the order does not entail any responsibility or subsequent obligation of any of the parties towards the other in connection with it, and accordingly none of them has the right to seek compensation from the other for its cancellation in the following cases:
    • non-acceptance by the Client’s issuing bank of the transaction for online payment;
    • carrying out the monetary transaction, which does not lead to the receipt of funds to the Seller’s account in case of online payments;
    • the data provided by the Client on the site are incomplete and/or wrong, which is why it is impossible to identify the Client and deliver the desired goods;
Right of Withdrawal of the Contract
  1. The Client has the right to withdraw from the contract without giving a reason, without owing compensation or penalty and without paying any additional costs within 14 days (fourteen) from the date on which the Client or specified a third party accepts the goods from him
  2. In order to exercise the right to opt out, the Client can use the standard opt-out form provided on the site or state his/her desire to opt-out via the communication channels explicitly indicated by “VSh” Ltd., namely to: e-mail: office@ fortelier.com without needing to justify its desire to refuse.
  3. The client has exercised his right to withdraw from the contract, if and only if he has sent a message to the Seller to exercise his right to withdraw before the expiry of the period under item 1 of this section.
  4. The Seller will bear all direct costs of returning items offered by “VSh” Ltd. in the event that the Client withdraws from the Contract and states this within the withdrawal period. The customer should return the items to “VSh” Ltd. at the address specified by the Seller.
  5. The Seller undertakes to refund the price paid under the Contract, which the Client has refused within 14 (fourteen) days from the date on which he received the return of the goods from the Client.
  6. The Client agrees that the price paid is expressed in the amount for the purchase of the goods, but not the transport and insurance costs for receiving the goods, if the same were incurred by the Client. The amount will be refunded as follows without incurring any additional costs to the Client:
    • Payments made with a debit or credit card – by refund to the bank account from which the payment was made after it was provided by the Client;
    • Payments made by bank transfer – by refunding the amount to the bank account from which the payment was made.
  7. In the event that the goods and/or services ordered and paid for in advance by the Client cannot be delivered/provided by the Seller, the latter will inform the Client of this and will refund to the Client account the amount already paid, within a period of 7 ( seven) days from the date on which the Seller established this fact or from the date on which the Buyer clearly expressed his desire to terminate the Contract, in the event that the latter has complied with the 14-day (fourteen) period under item 1.
Goods / Services for which the Customer does not have the Right of Withdrawal

The customer has no right to withdraw from the concluded Contract in the following cases:

  • for the provision of services where the service is provided in full when the contract provides for an obligation for the Client to pay, and the performance has begun with the express prior consent and confirmation of the Client that he knows that he will lose his right of withdrawal after the contract is performed entirely by the Seller;
  • for the delivery of goods, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the Seller and which may occur during the period for exercising the right of withdrawal;
  • for the delivery of goods made to the order of the user or according to his individual requirements;
  • for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
  • for the delivery of goods which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
Complaints
  1. A complaint is made when the purchased goods (work of art) do not correspond to what was agreed between the parties to the sales contract. The discrepancy in what was agreed between the parties can be expressed in:
  • damaged integrity of the goods (the work of art);
  • the wrong product (artwork) other than the one ordered was sent;
  • substantial discrepancy with the description of the goods (the work of art), including dimensions, materials of manufacture, authorship and origin;
  • damage to the goods (the work of art) during transportation, for which the Seller is responsible, in case the latter has undertaken to insure the goods.
  1. Painting frames are not subject to this contract and do not form part of the picture purchased. In this sense, the Seller is not responsible for transport or other frame defects.
  2. The complaint can be submitted to “VSh” Ltd. at the specified e-mail office@fortelier.com, and at the same time the Client must return the goods within two weeks.
  3. In the event of a complaint, the Client may choose to replace the specific product (artwork) with another one upon equalization of prices – either the Client pays extra if the other product (artwork) is more expensive, or the Client is reimbursed the difference between the replaced product and the new product (work of art) if the price of the new item is lower than the price paid by the Client.
  4. The return of the goods (work of art) in the event of a claim, in cases other than damage during transport, is carried out under the following conditions:
  • Retained in good artistic and commercial appearance (the work is not torn, scratched, stained and/or damaged in any way).
  1. When exchanging works of art, shipping costs are at the Client’s expense in both directions, unless the replacement is due to the Seller’s fault.
Advertisement
  1. The moment the Client creates his/her Account on the site, he/she has the opportunity to express his/her consent to receive Newsletters. The option regarding the consent to receive the Newsletter can be changed at any time, and for this you should contact “VSh” Ltd.
  2. The Client may opt out of receiving a Newsletter at any time using the special link found in each Newsletter or by e-mailing office@fortelier.com.
  3. The refusal to receive Newsletters does not mean an automatic refusal of the given consent to enter into a contract.
Invoicing - Payment
  1. The prices of the Goods, announced on the site, correspond to the provisions of items 6 and 7 of the ONLINE SALES POLICY section.
  2. The price, method of payment and payment term upon issuance of a proforma invoice or invoice are specified in each Order.
  3. The client is obliged to provide all the necessary information for the issuance of the invoice in accordance with the current legislation.
  4. The Seller will issue the Client an invoice for the goods ordered and delivered based on the information provided by the Client.
  5. “VSh” Ltd. issues an invoice for each payment under an Order paid by bank transfer, regardless of whether the Client is a legal entity or an individual. The Client agrees to receive the invoice physically together with the Goods, as well as electronically to the e-mail specified by the Client in his Account or by uploading it to the Account itself. In the event that these payment documents have not arrived with the shipment, please notify us at the email address: office@fortelier.com within 48 hours.
  6. In order to correctly draw up the invoice for the relevant Order, the Client is obliged to continuously update the data in his account. He shall review the information provided in the relevant Order to ensure that it is complete, true and accurate.
  7. The client will have a record of the invoices issued to him by “VSh” Ltd. in his Account.
Stock Delivery
  1. The Seller undertakes to deliver the ordered and purchased goods via a DHL courier company to an address specified by the Buyer or to an office of a DHL courier company, depending on the Client’s choice.
  2. The seller will ensure the appropriate packaging of the goods and the sending of the accompanying documents. If by some chance the parcel does not contain a document necessary for the ordered product, please contact us at e-mail office@fortelier.com and we will provide it to you as soon as possible.
  3. The price of the delivery of products offered by “VSh” Ltd. is paid by the Client.
  4. The details regarding the delivery of the goods, including, but not limited to, those regarding the period of delivery/performance do not constitute a contractual obligation on the part of the Seller to carry out the relevant delivery/performance of the relevant service on a specific date. Accordingly, the Client is not entitled to any compensation in the event that the date announced by the Seller to deliver the goods or perform the service is not met.
  5. If the Client does not provide access and conditions for delivery of the goods (work of art) to the specified address within the specified time or does not go to the specified office of the courier company to receive the goods in time, if he has chosen this option, the Seller is released from the obligation to fulfill the requested delivery.
Responsibility
  1. Responsibility for defects of the goods (the work of art), for the fulfillment of the distance sales contract, as well as for the refund of paid sums, is borne by the Seller.
  2. “VSh” Ltd. does not bear any responsibility towards third parties, if such a person believes that information published on the site violates someone’s copyright or other intellectual property rights.
  3. The Seller is not responsible for any damage suffered by the Buyer or by third parties, which occurred as a result of force majeure circumstances or those beyond the Seller’s control.
  4. In all other cases, the Seller’s liability is limited to a maximum of the value of the goods ordered and paid for.
Force Majeure Circumstances
  1. Neither party shall be liable for failure to fulfill its contractual obligations if such failure is due to force majeure. Force majeure is an unforeseeable and unpreventable event of an extraordinary nature that occurred after the conclusion of the contract.
  2. If within 14 (fourteen) days from the date of the relevant event, it does not stop, each of the parties has the right to notify the other party that it is terminating the Agreement without owing the other compensation for any damages that may have been suffered.
Transfer of Ownership

Ownership of the goods is transferred upon their delivery to the Buyer, after payment has been made by him. The delivery of the goods is certified by the signature of the Buyer (or a person designated by him) on the transport document provided by the courier.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) between consumers and traders is an out-of-court conciliation proceeding on a voluntary basis. It is carried out through conciliation commissions. The user has two options:

  • To use the European Platform for Online Dispute Resolution (ODR) / http://ec.europa.eu/odr/ – a single access portal that allows consumers and traders in the EU to resolve their disputes related to cross-border online purchases, and also with national ones.
  • To submit an application for mediation directly to the KZP, located at https://kzp.bg/pomiritelna-komisiya. On this page you can familiarize yourself with the types of conciliation commissions and the steps to form a conciliation commission.
Applicable Law

The laws of the Republic of Bulgaria shall apply to issues not settled in these general terms and conditions, related to the execution, termination and interpretation of the contract with the Client.

These General Terms and Conditions are accepted and signed by the manager of “VSh” Ltd., UIC: 204148557, as follows: Vasil Petrov Shandurkov.

A signed copy of these General Terms and Conditions is sent to the Customer, at the address indicated by him.

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