General Terms of Use

GENERAL TERMS OF USE AT https://store.walltopia.com/ 

Effective from 14.05.2024

1. SUBJECT
   This document represents the general terms and conditions for usage the https://store.walltopia.com/ , inclusive of the conclusion on the contract for purchase and sale with the Seller.
   
2. DATA ABOUT THE SELLER
   • 2.1. “Walltopia” AD , (” Seller “), UIC: 204143670, with headquarters and address of management: town Letnitsa, Blvd. ” Bulgaria ” No. 1B – 111V Tsarigradsko shose blvd., Sofia, Bulgaria – company organized under the laws of the Republic of Bulgaria, contacts: +359 888226732, +359 882408870, email: store@walltopia.com
   • 2.2 “Safety Engineering” EOOD (“Seller”), UIC: 175376730, with headquarters and address of management: 111V Tsarigradsko shose blvd., Sofia, Bulgaria – company organized under the laws of the Republic of Bulgaria, contacts: +359 888226732, +359 882408870, email: store@walltopia.com
   • 2.3 ” Walltopia” ADadministersr the electronic shop https://store.walltopia.com/ . “Walltopia” AD will be called for below Walltopia
   • 2.4. You can contact Walltopia AD or Safety Engineering EOOD at the following address for correspondence: store@walltopia.com and/or via telephone at +359 888226732, +359 882408870
     
3. DEFINITIONS
   • 3.1. Buyer – a person aged 18 or over or a legal entity, who creates an account on the Platform, places an order and concludes a remote purchase-sale contract.
   • 3.2 Seller – “Walltopia” AD, referred to as Walltopia for short.
   • 3.3. Website – the electronic store hosted at the web address https://store.walltopia.com/
   • 3.4. The Platform – The Site https://store.walltopia.com/
   • 3.5. Customer – any person over 18 years of age or a legal entity that has access to the Content.
   • 3.6. User – any natural person over 16 years of age or a legal entity who has registered on the Platform and who, by completing the Account creation process, has given their consent to certain clauses in the General Terms and Conditions section of the Platform.
   • 3.7. Account – a section of the Platform formed by an email address and password, which allows the Buyer to send an Order and which contains information about the Buyer /User and the history of his actions on the Platform. The User is responsible for ensuring that all information entered into the Account is true, complete and up-to-date.
   • 3.8. Favorite Products – a section in the account that allows the Buyer/User to create their own lists and add in the relevant Goods and Services that they wish to monitor in connection with possible purchases.
   • 3.9. Cart – a section in the Account that allows the Buyer/User to add Goods or Services that he wishes to buy at the time of their addition or at a later stage;
   • 3.10. Order – an electronic document representing a form of communication between Walltopia and the Client, through which the Client declares to Walltopia, through the Platform, his intention to purchase Goods/Services  from the Platform.
   • 3.11. Product(s) / Service(s) – any product or service on the Platform, including products and services mentioned in the Order, which are provided by the Seller as a result of a concluded Agreement.
   • 3.12. Campaign – any advertising message aimed at promoting the Platform, the Walltopia brand or certain Goods or Services, which are available in limited quantities, unless the commercial message expressly mentions the opposite, for a certain period of time specified by the Seller.
   • 3.13. Contract – represents a remote contract concluded between the Seller and the Buyer for the purchase and sale of Goods through the Platform, an integral part of which are the present general conditions for using the Platform.
   • 3.14. Content
     • all information on the Platform 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;
     • any information provided, in any way, by an employee/collaborator of Walltopia to the Client through electronic or other means for its remote transmission;
     • the information related to the Goods/Services and/or the applied tariffs by the Seller in a certain period of time;
     • the information concerning the Customers and related to the Goods and/or the applicable tariffs from third parties with whom the Seller has entered into partnership contracts in some form;
     • data about the Seller.
   • 3.15. Commercial messages – any type of message sent via electronic communication channels (such as e-mail, SMS , push notifications to a mobile device / web push , etc.), containing general and thematic information, information about similar or relevant products to the purchased, information about offers or promotions from Walltopia or from a Walltopia group company, information about the Goods and Services added in the “Account/My Cart” section or in the “Account/Favorites” section, as well as other commercial communications such as market and consumer surveys.
   • 3.16. The group of companies to which Walltopia belongs – i ) every company in which “Walltopia” AD, with EIC: 204143670, with headquarters and management address: Letnitsa, Blvd. “Bulgaria” No. 1B, a company organized under the laws of the Republic of Bulgaria, directly or indirectly owns 50% or more of the shares or shares with voting rights;
   • 3.17 Transaction – the action by Walltopia to refund the amount paid by the Buyer as a result of cancellation, termination, refusal or non-conclusion of a purchase and sale contract through the Platform, carried out only via bank transfer.
   • 3.18. Specifications – all characteristics and/or descriptions of the Goods as stated in their description.
     
4. GENERAL PROVISIONS
   • 4.1. The general conditions of Walltopia bind all Clients/Buyers/Users of the Platform.
   • 4.2. Any use of the Platform means that You have (a) carefully read the general terms and conditions for its use and (b) have agreed to abide by them unconditionally.
   • 4.3. Walltopia reserves the right to update and amend the General Terms and Conditions of the Platform periodically to reflect any changes in the way the website functions and conditions or any changes in legal requirements. The document may be opposed by the Clients/Users/Purchasers from the moment it is published on the Platform. In the event of such a change, we will post on the Platform the amended version of the Document, therefore it is your responsibility to check the contents of this Document.
   • 4.4. If any of the provisions of these general terms of use of the Platform are found to be invalid or unenforceable, regardless of the reason for this, this does not entail the invalidity or unenforceability of the remaining provisions.
   • 4.5. Walltopia makes serious efforts to maintain the accuracy of the information presented on the Platform. However, given the possible technical errors or omissions in this information, Walltopia specifies that the images of the products are illustrative and indicative. Walltopia makes every effort to display the colours and images on the Platform as accurately as possible, but we cannot guarantee that your computer monitor display and/or other type of device you use will display any color accurately, respectively the supplied Products may differ from images. All images placed on the Platform are only intended to create idea of the type of Product offered, and not to represent it accurately. Accordingly, it is possible that some of the images of the Products on the Platform (static/dynamic images/multimedia presentations/etc.) may not correspond to the appearance of the relevant Product. Seller shall not be liable for such discrepancies.
   • 4.6. It is possible that, due to limited space and the sequential structure of information, product descriptions are sometimes incomplete. However, Walltopia strives to provide the most relevant and relevant information.
   • 4.7. All goods, including those on sale/discount, are sold and delivered until they are in stock, even if this is not explicitly stated on the Platform.
   • 4.8. The Platform may contain links to other sites. Walltopia is not responsible for the privacy policy of websites it does not administer, as well as for other information contained therein.
     
5. CONCLUSION OF CONTRACT
   • 5.1. The Customer declares his desire to order and buy the Product or Service through the Platform by placing an Order electronically and registering accordingly.
   • 5.2. Walltopia will send a notification to the Customer for registering the Order in WALLTOPIA’S system and/or to the e-mail address specified by the Customer, which does not mean acceptance, confirmation or commitment to its execution.
   • 5.3. The Seller has the right not to deliver part or all of the Products from the Order for various objective reasons, including but not limited to no stock availability. In all cases, Walltopia notifies the Customer of this via email. In this situation, the sole responsibility of the Seller is to return any previously received price of the Product.
   • 5.4. The distance sales contract between the Seller and the Buyer is considered to have been concluded at the moment the Buyer receives a notification by e-mail that the price for the relevant Products has been received into Walltopia’s account, the Product( s ) from the Order is/are available will be sent and in what time frame the delivery will be made.
   • 5.5. The sales contract concluded between the Buyer and the Seller consists of these general terms and conditions and any additional agreements between them, expressed in writing in their electronic correspondence and/or additionally attached PDF documents to the correspondence, signed by each of the parties.
     
6. ONLINE SALES POLICY
   • 6.1. Access to the Platform for the purpose of registering an Order is allowed to any User.
   • 6.2. Walltopia reserves the right, at its discretion, to limit the access of any User/Buyer to the realization of an Order and/or to any of the possible payment methods, if it considers that this would be detrimental to Walltopia in any way. In this situation, the Customer’s only right is to contact Walltopia in order to be informed about the reasons that led to the application of the above measures. Walltopia is not responsible for any damages that the Customer has suffered or may suffer as a result of this decision, regardless of its correctness or justification.
   • 6.3. Communication with the Seller can be carried out by contacting him directly through the correspondence address indicated by him.
   • 6.4. Walltopia may publish advertising or promotional information about the Goods and/or Services for the promotions it offers on the Platform, for a certain period of time.
   • 6.5. All prices of the Goods on the Platform are final, announced in Euro/US Dollar ( EUR / USD ) excluding VAT and all other taxes or fees required by law, the latter of which will be charged automatically upon finalization of the order.
   • 6.6. In the case of online or bank payments, the Seller is not responsible for any costs related to fees, commissions or other additional payments made by the Buyer or his bank in connection with 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/USD. Payment by card to Walltopia is accepted by banks in Bulgaria and is in accordance with their rules for working with cards and card payments for such transactions, with some banks charging additional fees. The same applies to the transactions Walltopia makes with the Customer, 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. Walltopia therefore recommends its customers to check with their bank for possible additional fees that could be charged to them for online or bank payments.
     
7. USE OF SUBCONTRACTORS
   The Seller has the right to use subcontractors for the performance of its obligations under the distance purchase contract concluded through the Platform without the need to notify or obtain the Buyer’s consent for this. The Seller will be responsible for the actions of these subcontractors as its own.
   
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
   • 8.1. 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 Platform, are the exclusive property of Walltopia.
   • 8.2. Walltopia owns and retains all intellectual property rights related in any way to the Platform, whether proprietary or obtained through contractual licenses or in any other lawful manner.
   • 8.3. Nothing in the remote contract concluded between Walltopia and the Buyer shall be considered as an authorization by Walltopia for the latter to copy, distribute, publish, provide to third parties, modify in any way any part of the Content, including but not only the content of the trademarks, logos, multimedia content of the Platform or descriptions of the Products in any way, including by introducing any content external to the Platform, removing the signs indicating the ownership of Walltopia on the Content. The customer has no right to transfer, sell, distribute materials created by reproducing (copying), modifying or publishing the Content, except with the express consent of Walltopia.
   • 8.4. The Customer may copy, transfer and/or use the Content only in cases where this does not conflict with the provisions of this chapter of this document.
   • 8.5. Any use of the Content for purposes other than those expressly permitted in these terms and conditions or in other express written consent given by Walltopia is prohibited.
     
9. ORDER
   • 9.1. The Customer may place Orders on the Platform by adding the desired Products for purchases, following the steps indicated on the Platform to complete and submit the relevant Order.
   • 9.2. Any Item added to the Cart can be purchased if available. Adding the Product to the Shopping Cart without completing the Order does not lead to the registration of the order and the automatic saving of the Product.
   • 9.3. The Customer undertakes and is responsible for ensuring that all data provided to Walltopia in connection with the Order are true, complete and accurate as of the date of dispatch of the order. The customer authorizes Walltopia to provide this data to the relevant subcontractor through whom Walltopia will fulfill the order.
   • 9.4. By sending the order, the Customer/Buyer allows Walltopia to contact him in any possible way, when this is necessary in connection with the order placed or the concluded Contract.
   • 9.5. The Seller has the right to refuse to fulfill (cancel) the Order placed by the Customer, 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;
     • execution of the monetary transaction, which does not result in the receipt of funds to the Seller’s account.
     • the data provided by the Client in the Platform are incomplete and/or wrong;
     • The Seller has made two unsuccessful attempts to deliver the Product ordered by the Customer.
   • 9.6. The Buyer will bear all direct costs and indirect costs of returning Products offered by Walltopia in the event that it withdraws from the Distance Contract after the Products have been sent to the delivery address. All direct and indirect costs for returning the Products are for the Buyer’s account, including in cases of cancellation of the Order made by the Customer after three unsuccessful attempts to deliver the Product ordered by the Customer, according to 9.5.
   • 9.7. The Seller undertakes to refund the paid price of the Contract concluded at a distance from which the Buyer has refused (if the right of withdrawal is exercised within 14 days from the date of delivery) within 14 (fourteen) days from the date, on which the Buyer returned the relevant Product and the same was delivered to the Seller. The latter should examine it and ascertain the absence/presence of damages/defects. In case of actual damages/defects – the Seller notifies the Buyer of the amount that will be deducted. The final amount will be refunded as follows without incurring any additional costs to the Buyer, unless the servicing bank requires certain fees, which are at the Buyer’s expense.
     • Payments made with a debit or credit card – by refund to the account from which the payment was made, respectively payments by bank transfers – by refund to the account
   • 9.8. By creating an Account, the Customer has the opportunity to use a section called “Favorite Products” where he can create Lists.
     
10. GOODS/SERVICES FOR WHICH THE BUYER HAS NO RIGHT OF REFUSAL
    The buyer has no right to withdraw from the concluded Agreement in the following cases:
    • upon delivery of Products made to the order of the Buyer or according to his individual requirements;
    • upon delivery of Products which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
    • in all other cases provided by law.
      
11. CONFIDENTIALITY
    • 11.1. The Client/User agrees that by providing any of his/her personal or other data to Walltopia, he/she agrees that it may be used by the latter for the following purposes: (1) maintaining the Client/User’s account, including registration of orders, sending ordered products, performing the ordered services, invoicing, resolving disputes with Customers/Users/Buyers regarding their Orders or considering their requests; (2) sending Commercial messages or periodic e-mail notifications. (3) conducting market research, tracking and monitoring sales and customer/user behavior, marketing purposes.
    • 11.2. The Client/User/Buyer agrees to grant Walltopia unlimited volume and time access to any materials and information it sends to the Seller through or in connection with the Platform, regardless of whether it has placed an Order and completed a transaction through the Platform. Walltopia has the right to use, reproduce, publish, modify, transmit and distribute this information or materials. The Customer expressly agrees that Walltopia may freely use and process for its own purposes the ideas, concepts or know-how that the Customer has provided to it in any way through or in connection with the Platform or the actions/inactions that the Customer has performed through or in connection with the Platform. Walltopia has no obligation to keep the information obtained in this way as confidential, insofar as this is not imputed to it as an obligation by the current legislation.
    • 11.3. By providing his data to Walltopia (including e-mail), the Client / User / Buyer gives his express consent to be contacted by Walltopia or third parties, partners of Walltopia, who are couriers, providers of marketing services, state, municipal or non-governmental agencies or companies from the field of insurance or financial services, when this is provided by the specific legislation, as well as other companies with which Walltopia can develop common programs for offering the Goods on the market, etc.
    • 11.4. By providing his personal data to Walltopia, the Client/User/Buyer gives his express consent for them to be included in Walltopia’s database.
      
12. COMMERCIAL COMMUNICATIONS
    • 12.1. The moment the Customer creates an account on the Platform, he has the opportunity to express his consent to receive Commercial Messages.
    • 12.2. The Buyer/User may withdraw their consent given to the Seller to receive Commercial Communications, which refusal may be expressed at any time by changing the settings in their Account or by contacting the Seller.
    • 12.3. The refusal to receive Commercial Messages does not mean an automatic refusal of the given consent to enter into this contract.
    • 12.4. After adding Goods or Services to the following section in the Account:
    • 12.4.1. “My cart”, the Seller will notify the Buyer / User about:
      • Changing the price of the Goods or Services in the “My Cart” section
      • Recommendations for Goods that are similar to those added to the “My Cart” section
      • Availability of Goods in the “My Cart” section
    • 12.4.2. “Favorites”, the Seller will notify the Buyer / User about:
      • Change the price of the Goods or Services added to the “Favorites” section
      • recommendations for Goods or Services similar to those added in the “Favorites” section
      • Availability of Goods
    • 12.5. After the purchase of Goods or Services, Walltopia will send the Buyer / User commercial messages regarding:
      • Suggestions for Goods or Services recommended​ to be used along with the purchased one Goods or Services
    • 12.6. The Client / User can sign off from the receipt of Commercial messages according to Art . 12.5 follwing the link for unsubscribe published in commercial​ messages.
    • 12.7. In addition, Walltopia may use your data for market, consumer AND advertising research and purposes. You may object to the use of your data for this by contacting Walltopia.
      
13. INVOICING – PAYMENT
    • 13.1. The prices of the Goods announced on the Platform do not include VAT, as well as all other taxes and fees provided by law.
    • 13.2. The indicated prices are payable in full and in advance, the method of payment and the payment term are indicated in each Order. In case of payments by card, the corresponding amount should be paid immediately at the moment of finalizing the order. Payments by bank transfer should be made within the period indicated by Walltopia.
    • 13.3. In the event that there is more than one address stored in the User’s account, the delivery will be sent to the one listed as the primary one.
    • 13.4. The buyer is obliged to provide all the necessary information for issuing the invoice in accordance with the current Bulgarian legislation.
    • 13.5. The Seller will issue the Buyer an invoice for the ordered and delivered Products based on the information provided by the Buyer.
    • 13.7. Walltopia issues an invoice for each payment under an Order through which the Buyer has purchased a Product offered on the Platform by Walltopia.
    • 13.8. In order to correctly draw up the invoice for the relevant Order, the Customer/User is obliged to continuously update the data in his account. He must review the information provided in the relevant Order to ensure that it is complete, true and accurate.
    • 13.9. In the event that there is more than one address stored in the Customer/User account, the delivery will be sent to the one listed as primary.
      
14. DELIVERY OF GOODS
    • 14.1. The Seller undertakes to deliver the ordered and purchased Products by himself or through a courier company to an address specified by the Buyer or to an office of the courier company, depending on the Buyer’s choice.
    • 14.2. The Seller will ensure the proper packaging of the Products and the dispatch of the accompanying documents. If by any chance the shipment does not contain a document required for the ordered product, please contact us by email store@walltopia.com. 
    • 14.3. The terms of delivery for the products offered by Walltopia can be found on the “Shipping Policy” Platform.
      
15. WARRANTIES
    • 15.1. The Seller offers all Goods on the Platform with a guarantee.
    • 15.2. In the event that the Buyer has purchased a Product that is not manufactured by Walltopia, the applicable warranty conditions are those of the respective manufacturer.
    • 15.3. The warranty certificates issued by Walltopia can be found on the Platform. ( LINK )
    • 15.4. The repair/repair of products outside the warranty period or within this period, but in the event that the Seller’s obligation to bring the goods into compliance with the Purchase Agreement has lapsed for any reason, is subject to payment by the Buyer and carried out within a period agreed between the parties.
    • 15.5. Regarding claims and complaints related to the purchased goods and/or service, Buyers should contact Walltopia using the contact details specified in these General Terms and Conditions.
      
16. TRANSFER OF OWNERSHIP
    Ownership of the Goods will be transferred by the Seller upon their delivery to the Buyer, after payment has been made by the Buyer. The delivery of the Goods will be certified by the transport document for completed delivery provided to the Buyer by the courier.
    
17. LIABILITY
    The Seller is not responsible for any damages suffered by the Buyer, incurred as a result of force majeure or those beyond the Seller’s control.
    
18. PROCESSING OF PERSONAL DATA
    You can find Walltopia’s Privacy Policy, part of these general terms and conditions here.
    
19. USE OF COOKIES
    You can find the Cookie Policy, part of these general terms and conditions here.
    
20. FORCE MAJEURE CIRCUMSTANCES
    • 20.1. Neither party shall be liable for failure to perform its contractual obligations if such failure is due to force majeure.
    • 20.2. If, within 10 (ten) days from the date of the relevant event, it does not stop, each party has the right to notify the other party that it is terminating the Agreement without owing the other party compensation for any possible damages suffered.
      
21. GOVERNING LAW – JURISDICTION
    The present contract is subject to Bulgarian legislation. Any disputes , including payment disputes, that occur between Walltopia and Customers will solved by mutually agreement and negotiations or if this is impossible, the disputes will be solved before the competent Bulgarian court in Bulgaria.