Terms of use of the service
Terms of Service
Terms and Conditions for Use of the Online Store www.hotfarm.eu
Dear visitors, please read these Terms and Conditions carefully before using this website or completing an order. Accessing and using this website, including completing orders, means that you accept and agree to the terms published here, also referred to as the "Terms and Conditions."
- SUBJECT MATTER
These Terms and Conditions define the relationship between the users of the web pages and services available at the domain www.hotfarm.eu, its subdomains and our official Facebook page (hereinafter referred to for short as the "Site", "Web Page", "Online Store", "HotFarm", "Merchant", "Seller", "Store", "We") and govern our relations with Customers – natural persons (hereinafter referred to for short as "You", "Buyer", "Customer", "Consumer") who use our website or the social networks connected with and administered by us.
(2) For buyers who are professionals (traders) using the services and products offered on the Site, these Terms and Conditions apply to a limited extent. For this category of Customers, some of the rights provided for in these Terms and Conditions that apply to Consumers – natural persons placing orders for personal, non-professional needs – may not be provided for or may be limited. Provisions that are expressly stated to apply to Consumers – natural persons – do not apply to Professional Customers.
(3) When a Consumer or a Business Customer places an order through the Site, a distance contract of sale is deemed to have been concluded with the Online Store, which is governed by these Terms and Conditions. By placing an order through the Site, you agree that the information relating to the concluded contract may be provided to you by email.
(4) These Terms and Conditions apply both to orders placed through the Site and to requests for goods or services made by a Consumer/Customer to the Merchant by telephone, by email or via social networks.
Art. 2 By using the Site, you agree to comply with all the provisions set out in these Terms and Conditions.
- SELLER DETAILS
Art. 3 "HOT FARM" OOD, UIC (Unified Identification Code) 208646854, VAT registered under No. BG 208646854, with registered office and management address: 10 Milcho Leviev St., Sofia, and correspondence address: 10 Milcho Leviev St., Sofia, contact telephone: +359898219353, e-mail: info@hotfarm.eu, administers and operates the website www.hotfarm.eu – an online store that enables the conclusion of distance contracts of sale in accordance with these Terms and Conditions. In these Terms and Conditions, the terms "Site", "Website", "Web Page", "Online Store", "Merchant", "Seller", "Hot Farm", "We" refer to the HotFarm online store, which is operated and administered by "HOT FARM" OOD.
Art. 4 You can contact Hot Farm in the following ways:
(1) by telephone at: +359898219353;
(2) by email: info@hotfarm.eu;
(3) by letter sent to: 10 Milcho Leviev St., Sofia;
(4) via the contact form available on the Site.
III. DEFINITIONS
Art. 5
(1) "Visitor" means any adult natural person who accesses the Site, regardless of whether they use it only for browsing or register an account.
(2) "Consumer" means an adult natural person who orders and purchases a product or service through the Site for personal, non-professional use. "Business Customer" or "Professional Customer" means any legal entity or organization that uses the Site for professional purposes – whether for browsing, registering or purchasing products and services.
(3) "Customer" means any natural or legal person who has placed an order for goods or services through the Site, regardless of whether they are a Consumer, a trader or a professional.
(4) "Merchant" or "Seller" refers to "HOT FARM" OOD.
(5) "Account" or "Profile" means a personalized section of the Site created with the Customer's email address, password and personal data. The Account provides access to certain features, including viewing and managing orders.
(6) "Manufacturer" means a natural or legal person engaged in the production of the goods offered in the Online Store, whose name, company name or trademark is indicated on the products, their packaging or the related documentation.
(7) "Site", "Online Store", "Merchant", "Seller", "Hot Farm", "Store" or "Website" means the website at www.hotfarm.eu, as well as the social media pages associated with Hot Farm.
(8) "Goods" or "Products" means all items offered in the store, which are movable property with a description and/or image, a stated price and information about the manufacturer.
(9) "Services" means all activities offered in the store other than the sale of goods, which are individually specified and have a set price.
(10) "Contract", "Distance Contract", "Order" or "Request" refers to any contract concluded between Hot Farm and a Customer through one or more of the following methods:
- order by mail;
- order via the internet (website, email, social networks, platforms);
- order by telephone or fax.
(11) "Distance Contract Subject to a Condition Precedent" means a contract concluded between a Customer and Hot Farm whose performance is contingent on certain conditions being met. These conditions are deemed to be fulfilled when:
- the Seller has the ordered goods in stock (in the case of goods);
- the contract can be performed within the agreed time frames and on the agreed terms.
The condition is deemed to have been met, and the contract becomes binding on the parties, when the Seller confirms that it is able to perform the contract itself or through a third party. If the Seller notifies the Customer that performance is not possible, or if no notification is given within 7 business days of the order, the contract does not give rise to binding rights and obligations for the parties.
IV. GENERAL PROVISIONS
Art. 6
(1) Any person who visits the Site has the right to access it for the purpose of placing an order or creating a user profile. Registration as a user on the Site is entirely voluntary and at the visitor's discretion.
(2) Hot Farm's Terms and Conditions are binding on all Customers of the Site. Use of the Site implies that the Customer has read, understood and unconditionally agreed to comply with these Terms and Conditions.
(3) If any clause of these Terms and Conditions is found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
(4) The Site reserves the right to restrict a particular Customer's access to certain features, such as placing orders or using certain payment methods, if it deems this necessary to protect the Merchant's interests. In such cases, the Customer may contact the customer service department via the contact form or at the contact details given in Section II of these Terms and Conditions to obtain information about the reasons for the restriction. The Site shall not be liable for any damage suffered by the Customer as a result of such a decision, provided that it is justified and well-founded.
(5) Customers may post reviews of the goods and services offered and may contact the Site through the contact details listed in the "Contacts" section. Any reviews or messages containing obscene language or inappropriate content will be removed or ignored by the Site.
(6) The Site may publish advertising or promotional materials relating to the products, services or campaigns offered, for the periods specified in the relevant promotion.
(7) The characteristics or prices of the products and services described on the Site are subject to change at any time. Technical errors may occur in the information, for which Hot Farm apologizes in advance and clarifies that it is not liable for any such inaccuracies.
Art. 7
(1) Hot Farm reserves the right to amend these Terms and Conditions unilaterally at any time by updating their content on the website, in accordance with the requirements of the Consumer Protection Act (CPA).
(2) The new or amended Terms and Conditions enter into force immediately upon their publication on the Site and apply to all future Customers and Consumers, as well as to contracts already concluded with legal entities.
(3) Changes to the Terms and Conditions do not affect distance contracts concluded with Consumers – natural persons – before the update, unless Hot Farm has provided otherwise in accordance with the applicable legislation and the provisions of Art. 8 of these Terms and Conditions.
Art. 8
(1) If Hot Farm wishes to apply the amended Terms and Conditions to Consumers with active, non-terminated contracts (orders) as of the date of the update, the Merchant will notify those Consumers by email within 7 days of the changes taking effect.
(2) If the Consumer does not agree with the new terms, they have the right, within 1 month of receiving the notification, to terminate the contract by written notice to Hot Farm, without giving a reason and without owing any compensation or penalty. Alternatively, the Consumer may continue to perform the contract under the terms that were in force before the amendment.
(3) If the Consumer takes no action within the specified period, the amended Terms and Conditions shall be deemed accepted by the Consumer and shall apply upon expiry of the one-month period from the notification.
(4) Changes to the Terms and Conditions take effect immediately for all Customers, without any further notification being required, if they are made on the basis of a legislative act that has entered into force.
(5) For Business Customers, the updated Terms and Conditions apply from the date of their publication or from the date specified in the notification.
Art. 9 Hot Farm makes significant efforts to maintain the accuracy of the information presented on the Site. Nevertheless, given the possibility of technical errors or omissions in this information, Hot Farm clarifies that product images are for illustrative and guidance purposes only, and the products delivered may accordingly differ from the images.
Art. 10 (1) All goods, including those on promotion/sale, are sold and delivered while stocks last, even if this is not expressly stated on the Site.
(2) Some listings and offers are subject to a minimum or maximum quantity that may be purchased by a single Customer. Where applicable, this is described in detail in the individual offer.
Art. 11 The Site may contain links to other websites. Hot Farm is not responsible for the privacy policies and terms of use of websites it does not administer, or for any other information contained on them.
Art. 12 All images published on the Site are intended solely to give a general idea of the type of goods/services offered, not to represent them exactly. Accordingly, some of the images of goods or services on the Site (static/dynamic images, multimedia presentations, etc.) may not correspond to the appearance of the respective goods or may give a misleading impression of the service offered. The Seller shall not be liable for such discrepancies unless they are material.
- CONCLUSION OF THE CONTRACT
Placing an Order Through the Site
Art. 13 (1) The Customer expresses their wish to order/purchase goods/services through the Site by placing an order electronically, which is possible with or without a registered profile on the Site. You may also place an order by telephone or by email. Once you have confirmed the Terms and Conditions, your order will be considered placed.
(2) The Consumer has the right, if they are 18 years of age or older, to order all goods and services listed on the Site, unless they are unavailable, and only if the Consumer is legally able to enter into binding contracts.
(3) When placing an order through the Site, the Customer has the right to choose the type of goods or services and their quantity from the options offered on the Site. The system may also require you to select other characteristics (for example color, heat level, quantity, etc.) if the selected products/services come in different variations.
(4) Once you have selected the products/services you want from the website, as well as their quantity, you should follow the ordering process, where you can either proceed directly to complete the order or continue shopping on the Site.
(5) Before completing the order, you will be given the opportunity to choose the payment method and the delivery terms and, in certain cases, to enter a promo code granting a discount.
(6) Unless otherwise stated, promo codes cannot be combined with existing discounts on the Site, including quantity discounts.
(7) You will also be required to provide data without which we are unable to perform the contract. Such data usually includes names, delivery address (when ordering goods), telephone number and email address, and for Business Customers – company name, UIC, VAT number, manager, as well as invoice details if you require an invoice; in certain cases you will be given the opportunity to register on the Site as a user.
(8) Before completing an order, the Customer should make sure that they are ordering the specific product (goods or service) with the particular characteristics from the category they are interested in. The Site has separate, clearly marked categories of goods and services offered at a reduced price during promotional campaigns or because of a defect in the product or its packaging described in the listing, as well as where an unpacked or sample product is offered. This is expressly indicated in the listing on the Site. All other products offered are new, unused and of the required quality.
(9) The Customer undertakes and is responsible for ensuring that all data provided to Hot Farm in connection with the order is true, complete and accurate as of the date the order is submitted.
(10) Having verified the contents and details of the order, the Customer should click (press) the "Order", "Buy", "Continue" button or another similar option. By submitting the order, the Customer authorizes Hot Farm to contact them by any available means whenever this is necessary in connection with the order placed, its delivery or the concluded contract. At this stage of the order, but before its completion, the Site informs the Customer that an obligation to pay arises.
Order Confirmation
Art. 14 (1) When an order is placed through the Site, by telephone, by email or via social networks, the Site sends a notification to the Consumer by email or to their address, whereby the distance contract between you as a Customer who is a Consumer and Hot Farm is deemed concluded subject to a condition precedent within the meaning of Art. 5, para. 10 of these Terms and Conditions. The notification also certifies that the order has been successfully registered in the Merchant's system, which does not constitute acceptance, confirmation or a commitment to fulfill it, unless otherwise stated in the notification. This notification also contains the information required under Art. 47 and Art. 48 of the Consumer Protection Act, namely an extract from these Terms and Conditions, as well as the details of your order. For orders placed by a Business Customer, the Site sends a confirmation if it deems this necessary.
(2) Notification of acceptance and of the commitment to fulfill the order is given by the Seller either with the notification under para. 1 or by the courier, once the goods have already been handed over to the courier by the Seller. In the latter case, the courier acts on behalf of Hot Farm. At its discretion, the Merchant may also notify the Consumer or the Business Customer by email, by SMS or by telephone call.
(3) Until the notification under para. 2 has been given, the Seller has the right not to deliver some or all of the goods, or not to perform some or all of the services, in the order for various objective reasons, including but not limited to the goods being out of stock. In such a case, the Seller's sole liability for non-performance is to refund any price of the goods or services already received in advance, without owing any compensation for the non-performance.
Entry into Force of the Contract
Art. 15 (1) The distance contract of sale between the Seller and the Consumer is deemed concluded subject to a condition precedent from the moment the Consumer receives the notification under Art. 14, para. 1 that the order has been registered with the Seller. Where the Customer is a trader or professional, the contract is deemed concluded from the moment of the order, provided that the Customer has received a confirmation under Art. 14, para. 1 of these Terms and Conditions by email. In the absence of such confirmation, the contract is deemed concluded upon acceptance of the goods or services by the Professional Customer, accompanied by the confirmation under Art. 14, para. 1.
(2) Under the contract concluded between the parties, the Seller undertakes, once the conditions set out in Art. 5, para. 10 are met, to deliver – itself or through third parties – the goods or services ordered from the Seller to the Customer or to persons designated by the Customer, within the time frames and on the terms of these Terms and Conditions, and the buyer undertakes to pay the agreed price and to accept the delivered goods or services.
(3) The contract binds the parties from the moment the Seller notifies the Customer that the goods or services can be delivered; such notification is given by email and/or by SMS or telephone call to the Customer stating that the goods are ready for dispatch or that the service can be provided.
(4) The contract of sale concluded between the Customer and the Seller consists of these Terms and Conditions and any additional arrangements between the Seller and the Customer contained in the confirmation of the concluded contract under Art. 14, para. 1.
VI. TRANSFER OF OWNERSHIP
Art. 16 (1) In the case of a sale of goods, ownership of the goods passes from Hot Farm to the Customer or to a third party or representative designated by the Customer upon handover of the goods to that person and after payment has been made by them, if the amount has not been paid in advance.
(2) Handover of the goods is certified by the signature of the Customer, or of a person or representative designated by the Customer, on the transport document or receipt provided by the courier.
(3) The risk of loss of or damage to the goods passes to the Customer from the moment the goods are handed over by the courier to the Customer or to third parties. If the courier is a person chosen by the Customer, the risk passes to the Customer from the moment the goods are handed over by Hot Farm to the carrier. In all cases, if damage in transit is found, the Customer must inform Hot Farm within the time limits and under the conditions of Art. 25 of these Terms and Conditions.
VII. PAYMENT
Art. 17 (1) The prices of the goods and services listed on the Site are final and include VAT and all other taxes and fees provided for under the applicable Bulgarian legislation.
(2) The website contains a large number of goods and it is possible that, despite our best efforts, some of the characteristics of the goods, including the price, may be incorrect. If we discover an error in the price of the goods you have ordered, we will inform you as soon as possible. We will give you the opportunity to confirm your order at the correct price or to cancel it.
(3) Hot Farm is not obliged to sell goods or services at incorrectly stated prices on the website.
Art. 18 (1) The price, the payment method and the payment deadline are specified in each order.
(2) Orders for products offered by the Seller with a value exceeding 1,000 BGN cannot be paid for on delivery and must instead be paid in full in advance by bank transfer or by bank card.
(3) The Seller will issue the Customer an invoice for the ordered goods or services based on the information provided by the Customer. Where the Customer has not indicated that they require an invoice, Hot Farm or the courier will provide only a fiscal receipt and/or a receipt for the sale upon payment received in cash, in accordance with the applicable legislation.
(4) In the case of payments via PayPal or other similar payment systems, or payments by bank transfer or by card (where such options are available), the Seller is not responsible for any costs relating to fees, commissions or other additional charges incurred by the Customer in connection with the transaction, or for any currency exchange applied by the bank that issued the Customer's card where the currency is other than the Bulgarian lev (BGN).
(5) Card payments to the Site are treated as international payments by banks in Bulgaria and, under their rules for card operations and card payments for this type of transaction, some banks charge additional fees. The costs associated with such payments are borne solely by the buyer. Hot Farm therefore recommends that its Customers check with their bank about any additional fees that may be charged to them for online or bank payments for products and services sold by the Site.
Art. 19 The Customer must provide all the information required for issuing an invoice in accordance with the applicable Bulgarian legislation, where an invoice is required. The Customer may do this when placing the order or later by sending a message to the Seller.
(2) To ensure that the invoice for the relevant order is drawn up correctly, the Customer must keep the details in their profile (if registered) or in their order up to date at all times. The Customer must review the information given in the relevant order to make sure that it is complete, true and accurate.
Art. 20 Orders from the Site may be paid for in the following ways:
(1) by cash on delivery (for orders of goods) – in this case, the price of the ordered goods and the delivery (unless delivery is free) must be paid by the Customer, by a third party designated by the Customer or by the Customer's representative to the courier making the delivery, at the time the goods are received, against a fiscal receipt issued by the courier; where this method is chosen, an additional “cash on delivery” fee is charged; payments are also accepted in cash upon delivery by another carrier or by the Seller's own transport, in which case the Customer receives a cash receipt for the payment made;
(2) by bank transfer - in this case, the price of the ordered goods and/or services and the delivery (unless delivery is free) must be paid by the Customer or by a third party chosen by the Customer to the Seller's bank account, and the payment is deemed completed only once it has been confirmed and the corresponding amount has been received in the bank account of HOT FARM OOD;
(3) by debit or credit card (virtual POS terminal), as well as via E-pay - in this case, the price of the ordered goods and/or services and the delivery (unless delivery is free) must be paid by the Customer or by a third party chosen by the Customer through our partner's payment system, to which the Customer will be automatically redirected and where the Customer must enter their card details; the payment is deemed completed only once the system has successfully registered the payment and the amounts have been credited to the account of HOT FARM OOD; For payments other than bank transfer, the transaction is processed by payment institutions and Hot Farm does not receive any data whatsoever about your credit or debit cards. When paying by bank card, the Customer must enter in the payment form the full details of the bank card used to make the payment - name, card number, expiration date, CVC/CVV security code, and personal secret password for 3D identification. By providing the required details, the Customer or the third-party payer identifies themselves, confirms the amount of the payment and instructs that the card account be debited with the payment amount and that this amount be transferred to the account of Hot Farm - "HOT FARM" OOD. The Customer is not entitled to dispute a payment confirmed by entering a correct identification password (CVC/CVV security code, personal secret password for 3D identification or another identification password/code) or a payment confirmed by entering a 6-digit access code for the mobile application.
(4) by consumer credit (not applicable at present) – see the following Art. 21 of these Terms;
(5) via PayPal (not applicable at present) - in this case, the price of the ordered goods and/or services and the delivery (unless delivery is free) must be paid by the Customer or by a third party chosen by the Customer through the PayPal system; if you choose this payment method, you will be redirected to the PayPal system, where you must enter your email address and password or register if you do not have an account. The payment is deemed completed only once the payment transaction has been confirmed and the amounts have been credited to the account of Hot Farm;
Art. 21 A Customer who wishes to purchase goods from the Seller in installments - not available on the Site
VIII. DELIVERY OF GOODS
Delivery Method
Art. 22 (1) Hot Farm undertakes to deliver the ordered and purchased goods itself or through a courier company to an address specified by the Customer or to an office of the courier company, depending on the Customer's choice. In the case of door-to-door delivery, the Customer must specify the floor to which the products are to be delivered in the address field of the electronic form on the Site. Otherwise, delivery will be made to the building specified as the delivery address. Delivery of heavy or bulky goods may be made to the door of the building or to the premises themselves for an additional charge. In this case, you will be expressly informed by Hot Farm. Some products on the Site may be offered only with delivery to a courier office and not to an address specified by the Customer.
(2) If the Customer is registered on the Site and has more than one address saved in their Profile, the delivery will be sent to the address marked as the primary one.
(3) Hot Farm usually ships goods ordered by a Customer via the courier company "Econt".
(4) Unless otherwise agreed, the delivery charge is paid together with the price of the Order, and the time of payment may vary depending on the payment method chosen by the Customer in accordance with Art. 20 of these Terms and Conditions.
(5) Hot Farm will deliver goods and provide services only within the territory of Bulgaria. For deliveries to other countries in the European Union or to third countries, Hot Farm offers its goods and services on other suitable platforms, with listings written in the appropriate language. If a Customer wishes to have a specific product delivered to an address outside the territory of Bulgaria, they should contact Hot Farm.
Delivery Costs
Art. 23 (1) The delivery charge for products ordered through Hot Farm is calculated automatically before the Customer finalizes the Order. In certain cases, the delivery fee is fixed regardless of the number of items ordered, which is expressly indicated on the Site or in the specific product description.
(2) Delivery costs depend on the chosen courier, the size and weight of the shipment, and the delivery address. For standard shipments weighing up to 10 kg, delivery within Bulgaria ranges between 4.99 BGN and 50.00 BGN.
Recommendation: Sending a shipment to a courier office is usually cheaper than delivery to the Customer's address.
(3) For Orders above a certain value, Hot Farm may offer free delivery. This condition will be clearly indicated on the Site and during the ordering process.
(4) In certain cases, the courier company may charge additional fees for specific services such as delivery at a fixed time, delivery on a non-working day, SMS notification for a shipment, or a "cash on delivery" fee.
(5) Unless otherwise stated in the description of the specific product, the following delivery terms apply:
- Delivery to the Customer's address: Shipments are dispatched by courier service within one business day after the Order has been processed and confirmed.
- Delivery to a courier office: The shipment is sent to a courier office within one business day after the Order has been processed.
Note: For certain localities that courier companies serve on a delivery schedule (for example, more remote villages), you will be notified in good time.
When an Order is returned within the 14-day period, the Customer is responsible for the courier costs of the initial delivery and of returning the product.
Delivery Times
Art. 24 (1) Orders through the Hot Farm website are accepted around the clock, including on weekends and public holidays. Orders are processed and shipped within 1-3 business days after confirmation or payment has been received. For Orders placed on a Friday, Saturday, Sunday or during official public holidays, the delivery time is extended by the duration of the non-working days.
(2) The maximum delivery time within Bulgaria is 7 business days from the moment the Order is confirmed.
(3) If the Customer cannot be reached by phone for confirmation, the Order will be canceled.
(4) Hot Farm reserves the right to extend the delivery time by up to 7 business days without prior notice, and, where a longer extension is needed, after agreement with the Customer.
(5) If a delay in delivery is expected, the Customer will be informed in good time.
(6) The company is not liable for delays caused by circumstances beyond its control, such as actions of the courier, legal restrictions, extraordinary events or force majeure.
(7) For Orders paid by bank transfer or via virtual POS/card, Hot Farm may refuse or delay delivery if the payment has not been confirmed as received in the Seller's account.
Inspection for Defects upon Delivery
Art. 25 (1) Upon delivery of goods ordered from Hot Farm, the Customer undertakes to inspect them carefully, either in person or through a third party authorized by the Customer to accept them.
(2) If external visible defects are found – any damage, impact marks or other harm identified upon delivery – the Customer or the third party must sign a damage report in the presence of the courier, describing the defects found, and must immediately, and no later than 48 hours after delivery, notify Hot Farm of the findings.
(3) Where the delivered goods clearly do not correspond to those ordered by the Customer and this can be established by an ordinary inspection of the delivered goods, the Customer has the right, within 48 hours, to ask Hot Farm to replace the delivered goods with goods that correspond to the Order.
(4) Notification may be given by any of the means listed in Section II of these Terms and Conditions or via the contact form on the Website.
(5) Upon receipt of a notification under the preceding paragraphs, Hot Farm will replace the damaged/non-conforming goods within 5 (five) business days, except where goods of the same kind are not in stock, in which case Hot Farm undertakes to inform the Customer in good time and to agree on the terms of the replacement with the Customer.
Acceptance of the Shipment
Art. 26 (1) Where the delivery is accepted by the Customer or a third party without remarks, any and all subsequent claims regarding external visible defects of the goods received are unfounded and, as such, will not be satisfied. If no damage report is drawn up and signed in the presence of the courier upon receipt of the goods, and the Customer does not immediately, within 48 hours of delivery, notify Hot Farm at the phone number/email/address indicated on the Site, the Customer loses the right to have the identified external visible defects brought into conformity with the contract of sale.
(2) The above does not release Hot Farm from its obligation to offer goods and services that conform to the contract of sale and to grant a Customer who is a Consumer (natural person) the rights arising from the statutory warranty, as described in Section X of these Terms and Conditions.
(3) If the delivery is refused, the Consumer owes all costs of the delivery made, including the cost of courier services and packaging.
Art. 27 Upon handover of the goods (other than in cases of delivery of goods purchased in installments), the Customer or the third party accepting the delivery at the address specified by the Customer is obliged to sign the accompanying documents. A third party is any person who did not place the Order but accepts the goods upon delivery at the delivery address specified by the Customer.
Art. 28 Hot Farm ensures that the goods are appropriately packaged. If for any reason the shipment does not contain the ordered product, document or component, please contact us and we will do everything we can to provide it as quickly as possible.
Non-Acceptance of the Order and Unjustified Refusal
Art. 28a If the Customer or a person designated by the Customer cannot be found at the specified address within the delivery period and/or access to the delivery address is not provided, Hot Farm will treat this as an unjustified refusal of the Order and is released from its obligation to deliver the goods requested, and the Customer loses the possibility of having the goods they ordered delivered to them.
(2) Hot Farm reserves the right to send a notice of an unclaimed shipment to the email or physical address specified by the Customer, and to claim the costs of delivering and returning the goods. Hot Farm and the Customer agree that a notice sent electronically will be deemed to be in writing and received on the day it is sent by Hot Farm, without the notice needing to be signed with an electronic signature.
(3) In the above cases, the Customer may confirm their wish to receive the goods even after the expiry of the delivery period during which they could not be found at the address, but in that case bears all delivery costs. A new delivery period then begins to run from the moment of confirmation. Hot Farm is released from its delivery obligation if the ordered goods are no longer in stock.
(4) In the cases under para. 2, the Customer owes Hot Farm payment of the amount for delivery and return of the goods within 7 days of receiving the notice, unless a different period is specified in the notice.
- RIGHT OF WITHDRAWAL AND RIGHT TO EXCHANGE A PRODUCT
*This section applies only to Consumers
Period for Exercising the Right of Withdrawal and the Right of Exchange
Art. 29 (1) Within 14 days of concluding the contract (placing the Order), where a service has been ordered, or within 14 days of receiving the goods, where goods have been ordered, the Consumer has the right to withdraw from the Order for the goods/service placed on the Site without giving any reason or justification and without owing any penalties or other compensation to Hot Farm, other than the costs of returning the goods and, where at the Consumer's request the goods were shipped to an address specified by the Consumer rather than to a courier office, the costs of the initial shipment. If the product and/or its packaging are damaged beyond what is normal for testing it, Hot Farm has the right, under the procedure of Art. 35, to deduct a corresponding amount for the diminished value of the goods from the amount to be refunded, which may not exceed the value of the goods.
(2) Where the Consumer exercises their right of withdrawal from the distance contract or the off-premises contract, any ancillary contract is automatically terminated without the Consumer owing any costs, compensation and/or penalties, except for the costs provided for in Art. 29, para. 1 in conjunction with Art. 35 of these Terms and Conditions. This consequence does not apply with respect to Art. 28 of the Consumer Credit Act.
(3) The right of withdrawal does not apply, and accordingly Hot Farm has the right not to honor a withdrawal from an Order, where: i) the period for exercising the right of withdrawal has expired; ii) the Consumer has not returned the goods to the Seller within the period under Art. 33; iii) the Consumer has not returned the goods in full, together with their components and accessories; iv) there is insufficient evidence to establish that the product was purchased through an official channel of Hot Farm - the company's official online store; v) the right of withdrawal is exercised for a service which, at the Consumer's request, began immediately after the Order and the Consumer agreed to forfeit their right of withdrawal; vi) in the cases described in Art. 30 of these Terms and Conditions; vii) the withdrawal clearly constitutes an abuse of rights by the Consumer - for example, the returned goods have clearly been used beyond what was necessary to test them, or the Consumer has damaged the goods; viii) the Consumer has returned the product with a cash-on-delivery request - in this case Hot Farm has the right to refuse acceptance of the returned product and payment of the cash-on-delivery amount, and the Consumer must resend the goods to Hot Farm without cash on delivery; ix) the buyer is not a Consumer;
(4) Where an Order contains multiple goods delivered on different days, the withdrawal period is 14 days from the date on which the Consumer or a third party designated by the Consumer takes possession of (receives) the last item in the Order;
(5) Where an Order consists of multiple lots or pieces, the withdrawal period is 14 days from the date on which the Consumer or a third party designated by the Consumer takes possession of the last lot or piece;
(6) For a subscription Order under which goods are delivered regularly over a set period (for example, a subscription to receive a product every month), the withdrawal period is 14 days from the date on which the Consumer or a third party designated by the Consumer takes possession of the first item;
Goods and Services for Which the Consumer Has No Right of Withdrawal or Exchange
Art. 30 The Consumer has no right to withdraw from the concluded contract or to request the exchange of a product for another in the following cases:
(1) the provision of services where the service has been fully performed and performance began with the Consumer's express prior consent and acknowledgment that they will lose their right of withdrawal once the contract has been fully performed by the Seller;
(2) the supply of goods or services whose price depends on fluctuations in the financial market that cannot be controlled by the Seller and that may occur during the period for exercising the right of withdrawal;
(3) the supply of goods made to the Consumer's order or in accordance with their individual requirements;
(4) the supply of goods which, by their nature, are liable to deteriorate or have a short shelf life;
(5) the supply of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
(6) the supply of goods that are not mass-produced or kept in stock but are made individually and specifically for the Consumer;
(7) the supply of goods that have been altered by the Consumer;
(8) a returned product that has visibly been used by the Consumer or is damaged;
(9) Orders that were not placed online (at a distance);
Art. 31 (1) Within 14 days of receiving the goods, the Consumer also has the right to exchange a product if the goods delivered do not meet the Consumer's expectations given the normal intended use of the product.
(2) Where the right of exchange has been exercised and the conditions for granting it are met, Hot Farm undertakes to exchange the product for another within 14 (fourteen) days of the date on which the Consumer returned the product in question to Hot Farm. If the Seller does not have the requested product and it is not in stock, the Seller offers the Consumer another product; if the Consumer agrees, the exchange is made with that other product, and if there is a difference in price between the two products, the parties agree on how the difference in the sale price will be paid/refunded. If no agreement is reached, Hot Farm must refund the Consumer the amount paid for the goods within the time limits and under the conditions set out in the preceding paragraphs of this provision.
Notice of Withdrawal
Art. 32 (1) The Consumer must give notice that they are withdrawing from the contract, or that they wish to exchange the product received for another of the same kind (for Customers who are Consumers), within the period under Art. 29, by one of the following means:
▪ by calling the contact phone numbers of Hot Farm;
▪ by email to the Seller's email address, in free text;
▪ by letter with acknowledgment of receipt to the address of Hot Farm in free text;
▪ by completing and sending to Hot Farm the Standard Withdrawal Form provided below;
(2) The Consumer may, but is not obliged to, use the Standard Withdrawal or Exchange Form, as follows:
To "HOT FARM" OOD, with registered office and management address: 10 Milcho Leviev St., Sofia, e-mail: info@hotfarm.eu
Return address for Orders:
2 Ivan Vazov St., Strashimirovo, Bulgaria
STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL
I hereby give notice that I withdraw from the contract I concluded for the purchase of the following goods/services:
Order number ………………………
Item:………………………………………/product type/item number/
Size: ............................................................/if applicable/
The goods were ordered on …………………........ /state the date of the Order/
The goods were received on …………………....... /state the date of delivery/
The goods were ordered by………………………/full name of the Consumer/
City/village………………………………………….../address of the Consumer/
E-mail and contact phone number:.............................
I request a refund of the amount I paid for the goods and their delivery by bank transfer / by other means, using the following details:
- IBAN: …………………………………………..........
- Bank: …………………………………………...
- Account holder:…………………………………………........
- Other: ...........................................................................
……………….……………………………. ..../Date/
........................................................................../Signature of the Consumer/
Sign only if you are submitting this form on paper.
Return of the Goods
Art. 33 (1) Upon withdrawal from an order for goods from Hot Farm , as well as upon a request for an exchange, the Consumer must, within 14 days of giving notice that they are withdrawing from the order or wish to exchange a product, return the product in its entirety and in the condition in which the goods were received. In certain cases Hot Farm may refund the amount to you without you having to return the product.
(2) When returning the product, the Consumer must instruct the postal operator or courier company that they wish to use the "Goods Inspection" service, as our department checks the condition of the goods before accepting them back and refunding any amounts to the Consumer.
(3) The cost of returning the goods is borne by the Consumer. If the Consumer has not paid for the return shipping, Hot Farm deducts the shipping costs from the amount to be refunded and refunds the difference to the Consumer.
(4) Returned shipments sent by the Consumer with "cash on delivery" will not be accepted until they are re-sent without "cash on delivery." Hot Farm needs a certain processing time to check the contents and condition of the returned shipment.
Refund of the Amount Paid
Art. 34 (1) Where the right of withdrawal has been exercised and the conditions for granting it are met, Hot Farm undertakes to refund the price paid under the distance contract from which the Consumer has withdrawn within 14 days of being notified of the withdrawal, and where the goods are returned by the Consumer or a courier – within a period running until the date on which the latter has returned the product concerned or from the date on which the Consumer provides indisputable proof of having returned the product, whichever of the two occurs first. Where the right of withdrawal is exercised in respect of services, the period for refunding the amounts paid by the Consumer is 30 (thirty) days from the date on which Hot Farm gives notice that it accepts the withdrawal. Refunds are made after any deductions under Art. 35, where applicable.
(2) The amount to be refunded under para. 1 includes the price paid by the Consumer for the goods or service, excluding the cost of courier services for returning the goods and the cost of the initial delivery, if it was made to the Consumer's address.
(3) The amount will be refunded as follows, without this resulting in any additional costs for the Consumer, unless the Consumer's bank or payment institution charges any fees:
- Payments made by bank transfer, debit or credit card – to a bank account provided by the Consumer, or by refunding the amount to the account from which the payment was made.
- Payments made by cash on delivery or by other means – to a bank account subsequently provided by the Consumer, or by cash on delivery, at the Consumer's choice;
- Payments under consumer credit – after termination of the consumer credit agreement and recalculation of the credit installments – most often to the bank account from which the credit installments were received, or by another method determined by the bank that granted the credit.
*Payments for orders placed by Consumers are refunded using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to the use of another means of payment, and without any costs being incurred by the Consumer.
Deduction of Amounts
Art. 35 Hot Farm is entitled to deduct from the amount under Art. 34, para. 1, before refunding it, the following, as applicable:
(1) an amount for the diminished value of the product, including its packaging, if, after the return, wear and/or damage to the product or its packaging is found that is not due to the ordinary testing of the product;
(2) the costs of returning the goods to Hot Farm ;
(3) the costs of the initial dispatch of the goods, where, at the Consumer's request, the shipment was delivered to an address rather than to a courier company office; if the Customer is a Professional Customer, they are always also liable to pay for the initial dispatch of the product, in the event that Hot Farm grants them the option to withdraw;
Art. 36 Where the performance of a service has begun within 14 days of the order with the Consumer's prior consent, a transfer (deposit) has been received from the Consumer, and the Consumer subsequently exercises the right of withdrawal, Hot Farm is entitled to withhold from the deposit an amount equivalent to the work performed up to the moment of withdrawal. If no deposit has been paid, Hot Farm reserves the right to claim payment of that amount from the Consumer. If the Customer is a Business Customer or a Professional Customer, this clause applies without the need for prior consent, and only if Hot Farm grants them the option to withdraw;
Extract from the Consumer Protection Act
Art. 37 An extract from the legal provisions governing the right of withdrawal can be found HERE.
Other Cases of Withdrawal (Cancellation)
Art. 38 (1) Either party has the right to refuse to perform (to cancel) the order placed or its obligations under it, of which it must notify the other party in an appropriate manner.
(2) If an order is canceled before confirmation that it can be fulfilled within the meaning of Art. 14, para. 2, Hot Farm / the Consumer bears no liability and owes no compensation or penalties to the other party.
(3) Hot Farm may unilaterally cancel an order where the Customer has ordered a product or service from the Site and indicated that the order is intended for a third party (for example, as a gift), whose details the Customer has provided for delivery purposes. Cancellation in this case may take place where Hot Farm suspects that the shipment is intended to be threatening, reproachful, mocking, or otherwise contrary to good morals and public decency.
Art. 39 Cancellation of an order does not entail any liability or subsequent obligation of either party towards the other in connection with it, and accordingly neither party is entitled to claim compensation from the other for its cancellation in the following cases:
(1) the Customer's issuing bank does not accept the transaction in the case of online payment;
(2) the monetary transaction is carried out but does not result in funds being credited to the Seller's account in the case of online payments;
(3) non-fulfillment or cancellation of an order by the Seller before it has been confirmed within the meaning of Art. 14, para. 2 of these Terms and Conditions;
Art. 40. In the cases under Art. 39, the order is canceled automatically.
X. WARRANTY. RIGHT TO MAKE A COMPLAINT
*This section applies to Consumers only
Lack of Conformity of the Goods with the Contract. Statutory Warranty
Art. 41 (1) Hot Farm offers all consumer goods on the Site with a statutory warranty of conformity of the goods with the contract, in accordance with the applicable legislation. Goods are in conformity with the contract when they have the quality, functionality and purpose that are usual for that type of product.
(2) Any lack of conformity of the goods with the contract of sale which becomes apparent within 6 months of delivery of the goods is presumed to have existed at the time of delivery, unless the Seller proves that the lack of conformity is due to other causes for which Hot Farm is not responsible. For any lack of conformity that becomes apparent after the 6-month period, the Consumer must prove that the cause of the defect is the responsibility of Hot Farm.
Time Limit for Making a Complaint
Art. 42 A complaint regarding goods/services may be made by the Consumer in accordance with Art. 44 within 72 hours of acceptance of the goods, where the lack of conformity is external, visible and obvious and could have been established upon inspection during or immediately after delivery; or within 14 days of receipt of the goods.
Art. 43 There is no lack of conformity of the goods with the contract of sale in the following cases:
(1) the deviation/lack of conformity is not material;
(2) the Consumer had special requirements for the product which they did not communicate in writing to Hot Farm before placing the order, and the product does not meet these expectations of the Consumer;
(3) the lack of conformity is due to the nature of the goods and their normal wear and tear over time;
(4) the lack of conformity is caused by improper operation/installation/storage/use of the product;
(5) at the time of concluding the contract (placing the order), the Consumer knew or could not reasonably have been unaware of the lack of conformity – for example, at the time of the order the Consumer was informed by us that the goods deviate in certain respects from the usual (for example, goods from a category on the Site for discounted goods, defective goods or unpacked goods, where the Site clearly states that the goods are reduced in price because of an existing defect or a specific circumstance);
(6) the lack of conformity is visible and obvious and concerns the external appearance of the goods (for example, scratches, tears in the packaging or in part of the product's contents) and could have been established by an ordinary inspection of the goods at the time of acceptance (delivery), and yet the Consumer did not sign a damage report with the courier and/or did not notify Hot Farm within the time limits under Art. 26, para. 1 of these Terms and Conditions;
(7) the lack of conformity became apparent after the expiry of the shelf life indicated on the product's packaging;
Complaint
Art. 44 (1) Within the time limits specified in Art. 42, the Consumer has the right to make a complaint to Hot Farm regarding any lack of conformity of the goods with what was agreed (ordered), where, after delivery, a lack of conformity of the goods with the contract of sale has been discovered, regardless of whether the Manufacturer, the importer or the Seller has provided a commercial warranty for the goods.
(2) Bringing the goods into conformity with the contract of sale by Hot Farm is free of charge for the Consumer. A Customer who is a Consumer bears no costs for shipping the goods or for materials and labor related to their repair, and suffers no significant inconvenience. A Professional Customer bears the cost of shipping the goods if they send them by courier, and only if Hot Farm has provided them with a warranty of conformity for the goods.
(3) When making a complaint, the Consumer states the subject of the complaint, their preferred method of settling the complaint, and their preferred method of contact;
(4) Making a complaint does not preclude bringing a legal claim.
(5) When submitting a complaint, the Consumer must also attach the documents on which the claim is based, namely: i) a receipt or an invoice from the supplier; ii) reports, statements or other documents establishing the lack of conformity of the goods or service with what was agreed – where available; iii) other documents establishing the grounds and amount of the claim.
(6) The complaint is submitted to Hot Farm in one of the following ways, at the Consumer's choice:
▪ by calling the contact telephone numbers of Hot Farm ;
▪ in person at the following address: 2 Ivan Vazov St., Strashimirovo, Bulgaria
▪ by e-mail to the e-mail address of Hot Farm in free text;
▪ by letter with acknowledgment of receipt to the address of Hot Farm in free text;
▪ by completing and sending to Hot Farm the Standard Complaint Form, using the template below:
To: "HOT FARM" OOD, e-mail: info@hotfarm.eu
Return address for the goods:
2 Ivan Vazov St., Strashimirovo, Bulgaria
STANDARD FORM FOR EXERCISING THE RIGHT TO
MAKE A COMPLAINT
I/We hereby give notice that I/we have found a lack of conformity of the goods/services with what was agreed.
Item:………………………………………/product type/item number/
Size: ............................................................./if applicable/
The goods were ordered on …………………........ /state the date of the order/
The goods were received on …………………....... /state the date of delivery/
The goods were ordered by………………………/full name of the Consumer/
City/village………………………………………….../address of the Consumer/
E-mail and contact telephone:.............................
Have the goods been used? - Yes/No................../circle the correct answer/
Have the goods been installed? - Yes/No.................../circle the correct answer/
Subject of the complaint:
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Preferred method of settlement for goods
/circle your choice/
- I prefer a free repair in accordance with Art. 113 and Art. 114 of the Consumer Protection Act.
- I wish to exchange the product for another one. I ordered the wrong product.
- The goods were damaged in transit. I enclose a Damage Report.
- I wish to receive a reduction in the price of the product/service.
- I wish to receive a voucher to use for a new order (valid for 2 years).
- I wish the service to be performed in accordance with the contract
- I wish to be refunded the amount paid for the product/service in the following way: ..........................................................................................................................
state the refund method and, if you request a refund by bank transfer, please state a bank account
I enclose the following documents:
- Receipt or invoice;
- Reports, statements or other documents establishing the lack of conformity of the goods or service with what was agreed;
- Other documents establishing the grounds and amount of the claim.
(circle the desired option)
- Warranty certificate
……………….……………………………. ..../Date/
........................................................................../Signature of the Consumer/
Sign only if you are submitting this form on paper.
Art. 45 (1) Where the complaint is made outside the premises of Hot Farm, the Consumer must deliver the goods to the Seller at the following address: Bldg. 11, Maritsa Gardens, Plovdiv, Bulgaria.
(2) If a courier is used, the delivery is at the expense of Hot Farm, provided that the complaint is accepted by Hot Farm as justified.
Art. 46 If Hot Farm has provided a commercial warranty for the goods supplementing the statutory warranty under Art. 42, and the term of the commercial warranty is longer than the time limits for making a complaint, the complaint may be made until the expiry of the commercial warranty term.
Registration of the Complaint. Bringing into Conformity
Art. 47 (1) Hot Farm enters every complaint made in its Complaints Register and provides the Consumer with the number and date of the complaint, as well as information on which employee received it.
(2) Within 30 days of the complaint being made, Hot Farm decides whether it is justified or not.
(3) The Consumer must immediately notify Hot Farm if, upon making a complaint, they have not been provided with a document containing the details under para. 1.
Art. 48 In the case of justified complaints, Hot Farm brings the goods into conformity with the contract of sale within the period under Art. 47, para. 2. The goods are brought into conformity with the contract free of charge in one of the following ways, at the Seller's discretion depending on the nature of the lack of conformity:
(1) repair of the goods (where possible and applicable) – all repairs of products purchased from the Site are carried out in Bulgaria at service centers authorized by the Seller;
(2) replacement of the goods with new goods of the same type;
Art. 49 (1) If any of the actions specified in Art. 48, para. 1 and para. 2 proves impossible or inappropriate for reasons such as the impossibility of repair due to excessive repair costs exceeding the value of the goods, a material irreparable defect or the nature of the goods, or the impossibility of replacement because the product is out of stock, Hot Farm refunds the amount paid by the Consumer for the goods and their delivery.
(2) A refund of the price of the goods and their delivery is also owed by Hot Farm in the following cases:
▪ where it has not decided on the complaint within the period under Art. 47, para. 2 of these Terms and Conditions;
Art. 50 (1) If the goods have, without justification, not been repaired or replaced by Hot Farm within the period under Art. 47, para. 2, the Consumer has the right to terminate the contract and be refunded the amount paid, or to request a reduction in the price of the goods.
(2) The Consumer may not claim termination of the contract if the lack of conformity of the goods with the contract is minor.
(3) The Consumer also has the right under para. 1 where they are not satisfied with the resolution of the complaint by Hot Farm. The latter is obliged to grant the Consumer's request where, having already satisfied three complaints by the Consumer by repairing the same goods within the period under Art. 42, para. 1, a further lack of conformity of the goods with the contract of sale arises.
(4) The Consumer may not claim a refund of the amount paid or a reduction in the price of the goods where Hot Farm agrees to replace the goods with new ones or to repair the goods within one month of the complaint being made by the Consumer.
(5) In every case where a complaint is satisfied, Hot Farm issues to the Consumer a copy of the complaint settlement statement, showing the action taken in response to the complaint.
Unfounded Complaint
Art. 51. A complaint is unfounded and will not be accepted when:
(1) it is submitted after the expiry of the time limits under Art. 42;
(2) any of the conditions under Art. 43 applies;
(3) materials supplied by the Customer were used to make the product and, owing to their quality, caused the finished product made from them to be non-conforming;
(4) the Consumer has not provided the documents under Art. 44, para. 5 and/or has not returned the product, or has returned it without its accompanying accessories and/or components;
(5) a modification or change to the technical characteristics has been made without the knowledge and consent of Hot Farm and outside a service center authorized by it and/or in breach of these Terms and Conditions;
(6) there is damage caused by the Consumer and/or a third party for whom Hot Farm is not responsible, as well as in cases where the defect is caused by other modules and devices used together with the product under warranty;
(7) in the event of chemical, electrical and/or other effects unrelated to the normal use of the product, as well as when the defect is caused by circumstances for which Hot Farm is not responsible – faults in the electrical grid, power surges, lightning, improper grounding, mechanical deformation, natural disasters, failure to comply with the specified power supply requirements, damage caused by water or moisture;
(8) the complaint concerns a product that was not purchased from Hot Farm (for example, you stated that the product was purchased from us, but sent us a different product);
(9) where a complaint has been made and the product returned by the Consumer is in poor condition, if the condition of the product unmistakably indicates: i) abuse of rights; ii) failure by the Consumer to exercise due care; iii) improper use and/or maintenance of the product, from which it can be concluded that the defect was caused through the Consumer's own fault (scratching, chipping, crushing of the product and/or its components, signs of force applied to the product, dropping, squeezing, etc.); iv) improper installation, assembly or interference; v) removal or modification of parts of the product by third parties;
(10) there is no lack of conformity;
Art. 52 (1) In the case of an unfounded complaint, Hot Farm informs the Consumer of its decision and is released from any obligation to accept the complaint and bring the goods into conformity with the contract. If the Consumer is dissatisfied with the decision of Hot Farm, they may pursue their claim in court.
(2) Repair/servicing of products outside the warranty period, or within that period where the obligation of Hot Farm to bring the goods into conformity with the contract of sale has lapsed on any grounds whatsoever, is payable by the Consumer and is carried out within a period agreed between the parties.
Extract from the Consumer Protection Act
Art. 53 For an extract from the Act concerning the right to make a complaint and the statutory warranty, see HERE.
- INTELLECTUAL PROPERTY
Art. 54 (1) All content present on the Site, namely: the logo, together with the figures and text it contains, captions and images, drawings, diagrams, graphics, design, databases, descriptions, methods, processes and other objects of intellectual property and copyright, and the content of the Terms and Conditions, is the property of "HOT FARM" OOD or of third parties from whom "HOT FARM" OOD has obtained consent for reproduction and/or with whom it has a contract for the use of the object of intellectual property and/or copyright.
(2) Hot Farm / HotFarm are the trade name, brand and domain used by "HOT FARM" OOD.
Art. 55 Hot Farm reserves all its rights to the intellectual property related in any way to the Site.
Art. 56 Certain products displayed on the Site have their own specific and one-of-a-kind design, owned by Hot Farm, which is an object of copyright and intellectual property.
Art. 57 Visitors to the Site may use the content solely for the purposes of purchase and sale. Use of the content for any purposes other than those set out in the Terms and Conditions is considered a breach of these Terms and Conditions of the Site, as well as an infringement of the intellectual property owned by "HOT FARM" OOD.
Art. 58 Every product and every service displayed and offered on the Site complies with the European and national requirements applicable to the specific product/service.
Art. 59 (1) Visitors to the Site may copy, share, transfer and/or use the content only for personal, non-commercial purposes and only where this does not conflict with the provisions of this chapter of this document and express written consent has been obtained from "HOT FARM" OOD or from the third parties holding copyright and other intellectual property rights who have given their consent to the use of their works and other objects of intellectual property.
(2) Hot Farm grants owners of other websites and other persons the right to publish links to the Online Store only where the link is clear and unambiguous.
(3) Copying texts from the Site and placing them on other websites and online stores is prohibited without the written consent of Hot Farm or without citing the source by adding the following text: "Source: online store /insert the domain of our Site/", and the link must lead to the Hot Farm online store.
XII. ADVERTISING
Art. 60 (1) When a Consumer who is a natural person registers a profile (Account) on the Site and/or places an Order, they have the option to give their consent to receive advertising messages. They may also express this wish by filling in the subscription form available on the Site.
(2) Any person may also consent to receiving such messages by filling in the subscription form on the Site, by sending a message/letter to the addresses listed on the website, or by ticking a specially marked consent box for receiving advertising.
(3) For sending advertising messages to legal entities that have registered a profile on the Site and/or to Customers that are legal entities and have ordered Goods or Services from the Site, Hot Farm is under no obligation to request consent to send advertising messages.
(4) In accordance with the applicable legislation on electronic communications and personal data protection, Hot Farm may send commercial messages via SMS to Customers who have made a purchase from the Online Store without the need for prior express consent, provided that the following conditions are met:
1. The Customer has provided a telephone number when placing an Order or registering, for the purpose of performing the contract;
2. The messages concern the products and services of Hot Farm or similar products and services;
3. The Customer is given a clear and easy opt-out option in every message sent.
(5) The Customer may opt out of marketing messages at any time by following the instructions in the SMS or by contacting us using the contact details provided in the Privacy Policy.
Art. 61 (1) The Consumer may opt out of receiving advertising messages at any time by using the dedicated link contained in every advertising message, by changing the settings in their Account, or by contacting Hot Farm in any other way specified in these Terms and Conditions and on the Site.
(2) Opting out of receiving advertising messages does not automatically constitute withdrawal of the consent given to conclude this contract.
XIII. POSTING REVIEWS, QUESTIONS AND ANSWERS
Art. 62 (1) Any Visitor to the Site may post reviews, questions and answers in the sections provided for this purpose. The content shared may be either positive or critical, as long as it is objective and relates to the characteristics and use of the respective products or services.
(2) Every Visitor agrees that the reviews and visual materials they provide may be used by the company for advertising purposes for an unlimited period of time. Personal information will be processed in accordance with the applicable requirements of the General Data Protection Regulation (GDPR).
Art. 63 When posting a review, question or answer, Visitors undertake to comply with the following requirements:
- To focus on the characteristics and use of a specific product or service, avoiding information that may change, such as temporary discounts or promotional campaigns.
- To use only the Bulgarian language and the Cyrillic alphabet. Terms and expressions that are established in the relevant field and commonly used by the media are permitted.
- To avoid using obscene or offensive language, as well as statements that violate the rights of third parties.
- To ensure that the information provided is accurate, reliable and compliant with the applicable laws, respecting intellectual property rights, personal data and other applicable regulations.
- To use the platform solely for communication or for obtaining additional information about products or services, without including references to competing companies.
- Not to provide or request personal data (such as addresses, telephone numbers, email addresses and other identifying information) in comments, questions or answers.
- Not to post links to other websites that offer products or services similar to those of Hot Farm.
- Not to include comments or questions of an advertising nature.
Art. 64 If a report is submitted about content that is inappropriate or contrary to these Terms and Conditions, Hot Farm carries out a review to assess whether the posted content violates the rules. Any texts, photos or videos are removed only after confirmation by Hot Farm.
Art. 65 In the event of systematic violations of these terms, Hot Farm reserves the right to restrict the ability of the Consumer concerned to post reviews, questions and answers, without being obliged to provide an explanation for this decision.
XIV. LIABILITY
Art. 66 (1) Hot Farm and the Customer are liable for any act or omission that has caused damage to either party, including loss of profit, in accordance with these Terms and Conditions and Bulgarian law.
(2) Hot Farm / the Customer is not liable for any damage suffered by the Customer as a result of force majeure or circumstances beyond the control of the party.
XV. PROCESSING OF PERSONAL DATA
Art. 67 (1) Under the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian law, Hot Farm and, more specifically, "HOT FARM" OOD is the data controller.
(2) Hot Farm adopts a Personal Data Security Policy and a Cookie Policy, which every Visitor whose personal data is processed by Hot Farm or to whom cookies are applied must accept after reading them.
Art. 68 The Visitor's personal data may be provided to the prosecution service, the police, the courts or other state authorities on the basis of and within the limits of the statutory provisions, and following an express request from them to that effect.
XVI. APPLICABLE LAW AND JURISDICTION
Art. 69
(1) Any disputes that may arise between Hot Farm and Consumers or Customers that are legal entities shall be resolved through negotiation. If no agreement is reached, the dispute shall be resolved in accordance with the applicable Bulgarian legislation, unless the parties have agreed otherwise.
(2) In the event of a dispute, the parties may use alternative dispute resolution (ADR) methods for the out-of-court settlement of disputes between consumers and traders. This includes voluntary conciliation proceedings mediated by the General Conciliation Commissions, which are organized on a territorial basis. The competent body for disputes between "HOT FARM" OOD and Consumers who are natural persons is the Conciliation Commission for the respective territory. A consolidated list of the recognized ADR bodies in the European Union member states can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.
Art. 70
Consumers who are natural persons have the right to use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr. This platform is a central portal for the settlement of disputes between consumers and traders in the European Union.
XVII. COMMUNICATION BETWEEN THE PARTIES
Art. 71
Hot Farm and all Customers (natural persons and legal entities), as well as Visitors to the Site, accept the following contact channels:
(1) For the Seller:
-
"HOT FARM" OOD
- email: info@hotfarm.eu;
- correspondence address: 10 Milcho Leviev St., Sofia;
- the contact form on the Site.
(2) For the Customer or Visitor to the Site:
- the telephone number provided with the Order or in correspondence;
- the email address provided with the Order or in correspondence;
- the postal address specified as the delivery address.
Art. 72
All notices and messages exchanged between the parties by email are deemed to be in writing and have legal effect, without the need for an electronic signature.
XVIII. REGULATORY AUTHORITIES
Art. 73
Hot Farm is regulated by the following authorities:
- Consumer Protection Commission (CPC):
- Website: www.kzp.bg
- Telephone: 0700 111 22
- Email: info@kzp.bg
- Address: 4A Slaveykov Sq., floors 3, 4 and 6, Sofia
- Commission for Personal Data Protection (CPDP):
- Website: www.cpdp.bg
- Telephone: 02/91-53-518
- Email: kzld@cpdp.bg
- Address: 2 Prof. Tsvetan Lazarov Blvd., Sofia
- National Revenue Agency (NRA):
- Website: www.nap.bg
- Telephone: 02/9859 3821; 02/9179124
- Email: nap@nra.bg
- Address: 215 Tsar Boris III Blvd. or 21 Aksakov St., Sofia
- Commission on Protection of Competition:
- Website: www.cpc.bg
- Telephone: 02/9356 113
- Email: cpcadmin@cpc.bg
- Address: 18 Vitosha Blvd., Sofia
Final Provisions
Art. 74
(1) These Terms and Conditions form an integral part of the distance contract of sale concluded between Hot Farm and the Customer.
(2) If any provision of these Terms and Conditions is found to be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.
(3) Matters not provided for in these Terms and Conditions are governed by the applicable legislation of the Republic of Bulgaria.
(4) Any disputes relating to these Terms and Conditions, the distance contract of sale or the use of the Site that cannot be resolved by mutual agreement shall be referred to the competent court in accordance with Bulgarian law.
Art. 75
(1) By placing an Order, registering or using the Site, the Customer declares that they have read these Terms and Conditions, accept them voluntarily and undertake to comply with them.
(2) The Merchant reserves the right to amend and supplement the Terms and Conditions, notifying Customers by publishing them on the Site.
(3) These Terms and Conditions enter into force on the date of their publication on the Site and remain valid until they are revoked or updated.
Art. 76
These Terms and Conditions have been adopted by "HOT FARM" OOD and are published on the Site for the information and acceptance of all Consumers and Customers.
Thank you for choosing Hot Farm!
We value your trust and are committed to providing quality products and service!
DISCLAIMER OF LIABILITY
Some of the products offered by Hot Farm contain ingredients with an extremely high level of heat. By purchasing these products, you declare that you fully understand and accept the risks associated with consuming them and assume full responsibility for any consequences arising from their use.
Please note the following:
- Handle hot products with care
Avoid contact with the eyes, face or other sensitive parts of the body. - Keep products away from children and animals
Do not leave products purchased from us unattended in the presence of children or pets. - Avoid excessive use
Some products are not intended to be consumed in large quantities. Always follow the instructions and usage recommendations given on the label or in the product description. - Be responsible
Products with a high level of heat are intended for people who are familiar with the effects of consuming them and are confident in their tolerance for hot foods.
Our products should be used with care and in line with your individual tolerance. Hot Farm accepts no liability for any adverse consequences resulting from improper use or excessive consumption.