Latest update: February 2020

 

The following document contains the terms for ordering and buying Products from the Idea Murale website artedimuro.com property of IDEA MURALE Ltd., company with registered seat and management address at 7, Stefan Stambolov Street, fl.2, ap.2, Varna 9000, registered in the Company Register with the Registry Agency under uniform ID code 148147349 (hereinafter referred to as “IDEA MURALE Ltd.”, “the Company” or “We”).

Please, read these General Terms and Conditions (“GTC” carefully), before buying Products from the artedimuro.com property of IDEA MURALE Ltd.

 

1. DEFINITIONS

Unless otherwise explicitly specified, the words and phrases, used in the GTC will have the following meaning:

“Products” – the items purchased by Clients through the Online Shop.

“Website” – the website artedimuro.com. The site is registered to the name of and is operated and maintained by IDEA MURALE Ltd.

“Client” – a user of the Website, who places Orders for Products. A client could be a natural person, having proper legal capacity and over the age of 18, as well as a legal entity.

“Request a Quote” – a query, sent from a Client to the Company, where he/she specifies the desired characteristics of the Product (design, material, size, etc.) to be made by the Company.

“Order” – a request for buying a product, sent from a Client to the Company.

 

2. GENERAL INFORMATION FOR THE COMPANY

(1) The Company is registered in the following public registers:

• Company Register, maintained by the Registry Agency, under uniform ID code: 148147349;

(2) The Company’s business activities, connected with the artedimuro.com, are falling within the scope of the following bodies of alternative dispute resolution: General Conciliation Committees within the CPC. Relevant information is available at: http://www.kzp.bg/koi-sa-vidovete-pomiritelni-komisii. 

(3) The Company is registered pursuant to the VAT Act under № BG148147349

(4) The Company’s contact details are as follows:

• Telephone number:+359 899 405 315;

• E-mail address: contact@ideamurale.com;

• Website: artedimuro.com

 

3. CHARACTERISTICS OF THE PRODUCTS

(1) Through the artedimuro.com, the Clients have the opportunity to order and purchase Products, upon strict observance of these GTC.

(2) The Client shall at his/her own account procure any resources (computer equipment, connection to the internet, software, etc.), that are necessary for the Client to access the artedimuro.com, to review and choose Products and to place an Order.

(3) The Products represent wide-format wallpapers, made according to the Client’s order by printing the design chosen by the Client from the catalogue, available on the Website, and as per the individual requirements of the Client regarding size, color shade and material. The design, chosen by the Client, may be printed on one the following materials: Non-Woven backed wallpaper with vinyl textured front in two different compositions named Art and Urban textured wallpaper.

(4) At the Company’s discretion, the Website may offer Products, which are finalized in size, design, color and material and are ready for a direct order.

(5) The Client should have in mind that the colors of the pictures in the catalogue with designs of wallpapers could be different from the actual Products, depending on the device used for their review and the settings of this device.

 

4. TECHNICAL STEPS FOR EXECUTION THE CONTRACT

(1) To order and purchase a certain product, the Client shall register on the Website, following the procedure, set forth in the Website Terms of Use, and shall perform the steps herein below.

(2) After visiting the website artedimuro.com, the Client shall:

• choose a wallpaper design from the catalogue, available on the Website, and its color shades (if there are such) ;

• choose a material on which the chosen wallpaper will be printed;

• fill in the other information, necessary for making the desired Product (size of the wallpaper, etc.);

• fill in his/her data (name and surname for a natural person and corporate data for a legal entity, delivery country, telephone number);

(3) The Client shall send his/her Request by clicking the button “SEND”on Order Page of artedimuro.com. This button will be activated only after the Client:

• validly declares that he/she is aware of the GTC, consents to their content and unconditionally undertakes to abide by them by ticking a checkbox next to an active link which redirects to the GTC, where this link should be clicked before ticking the checkbox is possible. After clicking on the link under the previous sentence, the Client will be forwarded to a page that would allow him/her to download and save them on his/her device, as well as to access and print them in the way they have been accepted by the Client;

• validly declares that he/she is aware of the Privacy Policy and agrees that his/her personal data are processed according to this Policy by ticking the checkbox next to an active link, re-directing to the Policy. The link should be clicked before ticking the checkbox is possible.

(4) Within 72 hours (seventy-two) as of receipt of the Request, the Company shall send a Personal Quote (.PDF) to the e-mail address specified by the Client.

(5) The Personal Quote (.PDF) specified above would also provide additional information on the delivery, along with the relevant price, as well as the payment selected by the Client. 

(6) After reviewing the final visualisation of the Product, delivery option and the payment method, the Client may place an Order by confirming the quote. After that he/she will receive the invoice regarding his/her order.

(7) Electronic statements, made within the process of concluding the contract for purchasing of Products, are considered to be made by the persons, specified in the data provided by the Client as per Art. 4(2) above

(8) The Request and the Order are not binding on the Company. The contract between the Company and the Client is considered concluded when price due by the Client for the ordered Products, as well as the price for the delivery, when it is borne by the Client, is received at the Company’s bank account. The Company’s obligation to deliver the Products within the term under Art. 7(2) below arises only as at the moment specified at the end of the previous sentence.

(9) The Company may decline to perform an Order if the Company is not capable of making a Product with the sizes specified by the Client (e.g. if it turns out that the size is too small or too big), where, in this case, the Company will duly notify the Client.

(10) The Company shall confirm the concluded contract by sending an electronic message to the e-mail address, specified in the Order. The confirmation contains information about the characteristics of the ordered Products, their final price, the payment made by the Client and other details of the Order, if applicable. 

(11) The Client has the opportunity to save and/or print/ copy the contract with the Company and the confirmation for its conclusion either in hard copy or on an electronic carrier.

(12) The Contract between the Company and the Client could be concluded in Bulgarian or in English.

 

5. RIGHTS AND OBLIGATIONS UNDER THE CONTRACT

(1) As per the Contract between the Company and the Client, concluded according to Art. 4 above: 

(i) The Company undertakes:

• if applicable, to make a Product that meets the requirements of the Client, laid down in his/her Request;

• to transfer to the Client  the ownership over the Products ordered by the Client and made by the Company

• to deliver the ordered Products to the Client under the conditions set forth in this document;

(ii) The Company shall be entitled to:

• refuse to perform a certain Order if it finds that the Client:

– has provided incorrect, incomplete or untrue information in the Request and/or in the Order;

– has infringed these GTC and/ or the Website Terms of Use; 

(iii) The Client undertakes to:

• ensure that the Products may be received at the specified indicated address for delivery;

(iv) The Client shall be entitled to:

• receive the ordered Products;

• receive information on the status of his/her Order and on the ordered Products.

(2) The Client shall not be entitled to reproduce in any manner whatsoever the designs of the received Products or to infringe the Company’s copyright in these designs in any other possible manner.

 

6. PRICE AND PAYMENT METHOD

(1) The price of every product is determined by its material and size.

(2) The artedimuro.com offer the following options for paying the Products, chosen by the Client:

• Paypal;

• Bank Transfer – the Company does not collect card data and does not have access to it. Bank details are collected only by the servicing bank of IDEA MURALE Ltd.

 

7. DELIVERY

(1) The Products, ordered through the Website, shall be delivered by a courier to the address, specified by the Client in his/her Request/Order.

(2) The delivery shall be made in 15 working days, starting  from the first working day, following the day of receipt at the Company’s bank account of the price due by the Client for the Products. The period under the previous sentence could be extended by the Company with 5 working days in case of delay in the transportation caused by the respective courier, in cases where certain Product’s specifics require longer time for producing or due to other specifics of the Order. 

(3) Deliveries shall not be made during weekends and holidays.

(4) In case no person to receive the Products could be found at the address specified by the Client, the couriers will make one more attempt for delivery. When the second attempt is unsuccessful, the Company shall be released from its obligation to deliver the Product and the price paid by the Client under the respective Order, shall not be reimbursable due to the Client’s breach of his/her obligation to procure the necessary conditions for receipt of the Product at the delivery address specified by him/her. 

(5) The courier has the right to hand over the Products to the person whose data is specified in the Order or to a third party who accepts and confirms their receipt on behalf of the Client and signs accompanying documents. 

(6) At the time of delivery, the Client has to examine the Product and immediately inform the courier if any defect, caused by the transportation, is found. Otherwise the Product shall be considered approved, safe for hidden defects. 

 

8. WITHDRAWAL FROM THE CONTRACT

• According to Article 57, para 3 of the Consumer Protection Act, Clients shall not be entitled to withdraw from a contract for purchase of Products which are made to the their specifications or are clearly personalized and shall not be entitled to return the purchased Products in the manner specified above (i.e. without giving any reason, incurring without compensation or penalty and without incurring any costs). The above provisions apply only  and exclusively upon purchase of ready-made Products.

 

9. LIABILITY

(1) The Company shall not be liable if it fails to process a certain Request and/or an Order and/or to send a confirmation on the concluded contract and/ or to make the delivery of ordered Product due to:

(i) submission of incorrect, incomplete or untruthful information by the Client upon sending of his/her Request/Order;

(ii) disruption of the normal operation of the Website due to technical problems;

(iii) failure by the Client to procure receipt of the Products at the address specified by the Client;

(iv) unforeseeable circumstances or force major. 

(2) The Company shall not be liable if the delivery of a Product is made in pursuance of a contract concluded as a result of submission of information, loss or change of data, which led to impersonation and execution of a contract by a third party, pretending to be the Client, if, based on the circumstances, it could be concluded that this party was the Client, including, if applicable, when the Order is made through the profile of the Client which has registered on the Website.

(3) The Company shall not be liable:

(i) if the colors of the Products delivered are different from the colors of the pictures in the catalogue with wallpaper designs, when these differences derive from the characteristics and settings of the device, used by the Client to review the pictures;

(ii) unsuccessful installation/assembly/gluing of the wallpapers.

 

10. GUARANTEES UNDER THE CONSUMER PROTECTION ACT

(1) According to articles 112-115 of the Consumer Protection Act, a Client who has purchased Products as a consumer within the meaning of this act (i.e. as a natural person who does not purchase the Products in order to perform commercial and professional activity and who, upon execution of the contract, is acting for purposes which are not related to his/her trade, business or profession) shall be entitled, in case of lack of conformity of the Products with the contract:

(i) within the statutory term of one year as from the delivery of the Products, to file a complaint, requesting the Company to bring the Product into conformity with the contract free of charge by repair or its replacement with a new Product (unless this is impossible or the remedy chosen by the Client is disproportionate in comparison with the other remedy) within a month as of the date of filing of the complaint. If the Company does not agree to a replacement of the Product by a new one or to repair the Product within the term under the previous sentence , as well as in case the Client is not satisfied with the settlement of the complaint, s/he shall be entitled at his/her discretion to either rescind the contract and receive reimbursement of the price paid (unless the lack of conformity is minor) or to ask for reduction of the price;

(ii) to rescind the contract and to receive reimbursement of the price paid, when, after having three complaints settled by repair of one and the same Product, a subsequent lack of conformity of the Product with the contract comes up within the two-year statutory term (unless the lack of conformity with the contract is minor).

(2) For avoidance of doubt, the above provisions are not applicable when the Client is a legal person or a natural person who has purchased Products in order to perform commercial or professional activity or who, upon execution of the contract with the Company is acting for purposes which are related to his/her trade, business or profession. In these cases, the common provisions of civil and commercial legislation are applicable.

 

11. AMENDMENTS AND ACCESS TO THE TERMS

(1) These terms are available here: artedimuro.com/terms

(2) The Company reserves its right to amend and/or supplement the current GTC at any time, where the date of the latest update will be specified at the beginning of the document. The changes enter in force immediately after their publishing on the Website, unless otherwise provided in the updated version of the GTC. The Client has to verify the present GTC before pacing each particular Order and get himself/herself acquainted with their up-to-date version.

(3) Orders which are finalized by the Client shall be governed by that version of the GTC which was I force as at the moment of finalization of the respective Order.  

 

12. FINAL PROVISIONS

(1) Before you purchase a Product from the artedimuro.com, please read the Website Terms of Use, available here: artedimuro.com/terms, as well as our Privacy Policy, available here: artedimuro.com/privacy-policy

(2) In the relations between the Company and the Client, sending of e-mails, completion of a field and/or clicking on a virtual button on the Website with content, which is filled in or chosen by the Client, etc., shall be considered written statements, as far as the statement is saved in a way that allows its reproduction. 

(3) The Company shall be entitled to make promotional offers to the Client, depending on the ordered quantities of the chosen Products.

(4) In the event that any provision of these GTC is held to be invalid or unenforceable, the remainder of these GTC shall remain valid and enforceable.

(5) In case of a discrepancy between these GTC and a separate agreement between the Client and the Company, the separate agreement shall apply.

(6) Any issues which are not settled in these GTC shall be governed by the effective legislation of the Republic of Bulgaria. Without prejudice to the foregoing, if a Client purchases Products as a consumer, in accordance with Article 6, para 2, 2-nd sentence of Regulation № 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), s/he shall also enjoy the protection of the mandatory provisions of the law of the country in which s/he is resident. Nothing in these GTC affects the Client’s rights as a consumer to rely on such mandatory provisions.

(7) Any disputes related to or arising from these GTC shall be referred to the competent Bulgarian court.