Terms of use of the service

Terms of use of the service

 

General terms and conditions for using 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 finalizing orders, means that you accept and agree to the terms and conditions published here, also referred to as (Terms and Conditions).

  1. SUBJECT

         These General Terms and Conditions determine the relationships between users of the electronic websites and services available on the domain www.hotfarm.eu, its subdomains, as well as our official Facebook page (hereinafter referred to as "Site", "Website", "E-shop", "HotFarm", "Merchant", "Seller", "Store", "We") and regulate the relationship with customers - individuals (hereinafter referred to as "You", "Buyer", "Client", "User") who use our website or the social networks connected and administered by us.

         (2) For buyers - professionals (traders) who use the services and products offered on the Site, these General Terms and Conditions apply with limited scope. For this category of customers, some of the rights provided for in these General Terms and Conditions that are applicable to consumers - individuals placing orders for personal, non-professional needs may not be provided for or may be limited. The provisions that are explicitly stated as relevant for consumers - individuals do not apply to customers - professionals.

         (3) When a user or a customer - a merchant, places an order through the Site, it is considered that a distance purchase and sale contract has been concluded with the e-shop, which is subject to regulation according to these General Terms and Conditions. By placing an order through the Site, you agree that the information related to the concluded contract may be provided via e-mail.

(4) These General Terms and Conditions are applicable both to orders placed through the Site and to requests for goods or services by a user/client to the merchant, made by telephone, e-mail or via social networks.

Art. 2 By using the Site, you agree to comply with all provisions set forth in these General Terms and Conditions.

 

  1. SELLER DATA

 

Article 3  "HOT FARM" OOD, EIK 208646854, VAT registered with No. BG 208646854, with headquarters and management address: Sofia, 10 Milcho Leviev Str., and correspondence address: Sofia, 10 Milcho Leviev Str., contact phone number: +359898219353, e-mail: info@hotfarm.eu, administers and manages the site www.hotfarm.eu – an online store that provides the opportunity to conclude distance purchase and sale contracts in accordance with these General Terms and Conditions. In these General Terms and Conditions, the terms “Site”, “Website”, “Internet page”, “E-shop”, “Merchant”, “Seller”, “Lyuta Ferma/HotFarm”, “We” refer to the HotFarm e-shop, which is managed and administered by "HOT FARM" Ltd.

Art. 4 You can contact HotFarm in the following ways:

(1) by phone at number: +359898219353;

(2) via email: info@hotfarm.eu;

(3) by letter sent to: Sofia, 10 Milcho Leviev Street;

(4) through the contact form available on the Site.

 

III. DEFINITIONS

Article 5
(1) "Visitor" is any adult natural person who accesses the Site, regardless of whether he uses it only for browsing or registers.

(2) “User” is an adult natural person who orders and purchases a product or service through the Site for personal, non-professional use. “Customer Merchant” or “Customer Professional” is any legal entity or organization that uses the Site for a professional purpose – whether for viewing, registering or purchasing products and services.

(3) “Customer” means any natural or legal person who has placed an order for a good or service through the Site, regardless of whether they are a consumer, trader or professional.

(4) "Merchant" or "Seller" refers to "HOT FARM" OOD.

(5) "Account" or "Profile" is a personalized section of the Site, created with the customer's email address, password and personal data. The account allows access to certain functionalities, including viewing and managing orders.

(6) "Manufacturer" is a natural or legal person engaged in the production of the goods offered in the e-shop, whose name, company name or trademark is indicated on the products, their packaging or related documentation.

(7) “Site”, “E-shop”, “Merchant”, “Seller”, “HotFarm”, “Store” or “Website” means the internet page at www.hotfarm.eu, as well as the HotFarm related social media pages.

(8) "Goods" or "Products" are all items offered in the store that are movable property with a description and/or image, a stated price and information about the manufacturer.

(9) "Services" are all activities offered in the store, other than the sale of goods, which are individualized and have a specific price.

(10) “Contract”, “Distance Contract”, “Order” or “Request” refers to any contract concluded between HotFarm and a customer through one or more of the following methods:

  • mail order;
  • ordering via the internet (website, email, social networks, platforms);
  • order by phone or fax.

(11) “Distance contract subject to a suspensive condition” is a contract concluded between a customer and HotFarm, the performance of which is subject to the existence of certain conditions. 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 terms and conditions.

The condition is considered to have occurred, and the contract becomes binding on the parties, when the seller confirms the possibility of performing the contract personally or through a third party. In the event that the seller notifies the customer of the impossibility of performance or if there is no notification within 7 business days after the order, the contract does not give rise to binding rights and obligations for the parties.

IV. GENERAL PROVISIONS

Article 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 depends on the visitor's wishes.

(2) The General Terms and Conditions of HotFarm are binding on all customers of the Site. Use of the Site implies that the customer has read, understood and unconditionally agreed to abide by these General Terms and Conditions.

(3) If a particular clause of these General Terms and Conditions is declared invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

(4) The Site reserves the right to restrict a specific client's access to certain functions, such as placing orders or using certain payment methods, if it deems this necessary to protect the interests of the merchant. In such cases, the client may contact the customer relations department via the contact form or at the contact details specified in Section II of these General Terms and Conditions to obtain information about the reasons for the restriction. The Site is not liable for any damages suffered by the client as a result of such a decision, if it is justified and reasonable.

(5) Customers have the opportunity to post reviews about the goods and services offered, as well as to contact the Site through the contacts 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 related to the products, services or campaigns offered, for periods specified in the relevant promotion.

(7) The described characteristics or prices of the products and services on the Site are subject to change at any time. Technical errors in the information may occur, for which Hot Farm apologizes in advance and clarifies that it is not responsible for any inaccuracies.

Article 7
(1) HotFarm reserves the right to amend these General 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 General Terms and Conditions shall enter into force immediately upon their publication on the Site and shall apply to all future clients and users, as well as to contracts already concluded with legal entities.

(3) Changes to the General Terms and Conditions do not affect distance contracts concluded before their update with individual consumers, unless HotFarm has provided otherwise, in accordance with the applicable legislation and the provisions of Article 8 of these General Terms and Conditions.

Article 8

(1) If Lyuta Ferma/HotFarm wishes to apply the amended General Terms and Conditions to users with active and unterminated contracts (orders) as of the date of the update, the trader will notify these users by e-mail within 7 days of the changes occurring.

(2) If the consumer does not agree with the new terms and conditions, he has the right to terminate the contract by written notice to HotFarm within 1 month of receiving the notification, without giving any reason and without owing compensation or penalty. Alternatively, the consumer may continue to perform the contract under the terms and conditions that were in force before the amendment.

(3) If the user does not take action within the specified period, the amended General Terms and Conditions will be deemed accepted by him and will be applicable after the expiry of the one-month period from the notification.

(4) Changes to the General Terms and Conditions shall enter into force immediately for all customers, without the need for additional notification, if they are made on the basis of a regulatory act that has entered into force.

(5) For merchant customers, the updated General Terms and Conditions become applicable from the date of their publication or from the date specified in the notification.

         Art. 9 Hot Farm/HotFarm makes serious efforts to maintain the accuracy of the information presented on the Site.However, given the possible technical errors or omissions in this information, Hot Farm/HotFarm specifies that the images of the products are illustrative and indicative in nature, respectively the delivered products may differ from the images.

 

         Article 10 (1) All goods, including those on promotion/discount, are sold and delivered while supplies last, even if this is not explicitly stated on the Site.

 

(2) Some listings and offers are subject to a minimum or maximum quantity that can be purchased by one customer. If applicable, this is detailed in the individual offer.

 

         Article 11 The site may contain links, internet connections to other sites. Hot Farm/HotFarm is not responsible for the privacy policy and terms of use of websites that it does not administer, as well as for other information contained therein.

 

Article 12 All images placed on the Site are intended solely to create a certain idea of ​​the type of goods/services offered, and not to represent them accurately. Accordingly, it is possible that 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 create a false impression of the service offered. The Seller shall not be liable for such discrepancies, unless they are material.

 

  1. CONCLUSION OF A CONTRACT

 

                                 Placing an order through the Site

         Article 13 (1) The Customer declares his/her desire to order/purchase a product/service through the Site by placing an order electronically, which is possible with or without a registered account on the Site. There is no obstacle to placing an order by phone or e-mail. After confirming the General Terms and Conditions, your order will be considered completed.

         (2) The User has the right, if he/she is 18 years of age or older, to order all goods and services listed on the Site, unless they are unavailable and only if, according to the law, the User is capable of entering into binding contracts.

         (3) When placing an order through the Site, the customer has the right to choose the type of goods or services, as well as their quantity according to the options offered on the Site. The system may require you to choose other characteristics (e.g. color, level of spiciness, number, etc.) if the selected products/services are in different variations.

         (4) After you have selected the products/services you want from the website, as well as their quantity, you should follow the ordering process, having the option to proceed directly to finalizing 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 delivery terms, and in certain cases, to enter a promo code guaranteeing a discount.

         (6) Promo codes, unless otherwise stated, cannot be combined with existing discounts on the site, including quantity discounts.

         (7) You will also be required to provide data without which it is not possible for us to perform the contract. Such data usually includes names, delivery address (when ordering goods), telephone number and email address, and for merchant customers - company name, UIC, VAT number, manager, as well as invoice data - if you request one, and 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 he is ordering a specifically selected product (goods or services) with certain characteristics from the category in which he is interested. The site has separate and clear categories with goods and services with reduced value during promotional campaigns or due to a defect in the product or its packaging described in the ad, as well as when an unpacked or sample product is offered. This is explicitly stated in the ad on the Site. All other products offered are new, unused with the required quality.

         (9) The client undertakes and is responsible for all data he has provided to Hot Farm/HotFarm in connection with the order, be true, complete and accurate as of the date the order is sent.

         (10) After you have verified the content and details of the order, the customer should click (press) on the button "Order", "Buy", "Continue" or another similar option. By sending the order, the customer authorizes the Hot Farm/HotFarm to contact him in any possible way, when 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 indicates to the client that there is an obligation to pay.

        

         Order confirmation

         Article 14 (1) When ordering through the Site, by phone, email or via social networks, the Site sends a notification to the user by email or to an address with which the distance contract between you as a customer user and Hot Farm/HotFarm is considered to be concluded under a suspensive condition within the meaning of Art. 5, para. 10 of these General Terms and Conditions. The notification also certifies the successful registration of the order in the trader's system, which does not have the meaning of acceptance, confirmation or undertaking to fulfill it, unless otherwise stated in the notification.  This notification also contains information under Art. 47 and Art. 48 of the Consumer Protection Act, respectively an extract from these General Terms and Conditions, as well as data about your order.When an order is placed by a merchant customer, the site sends a confirmation if it deems it necessary.

         (2) The notification of acceptance and undertaking to fulfill the order is made by the seller with the notification under para. 1 or by a courier when the goods have already been delivered to him by the seller. In the latter case, the courier acts on behalf of Hot Farm/HotFarm. At its discretion, the merchant may notify the consumer and the merchant customer by email, SMS or call.   

         (3) Until the time of notification under para. 2, the Seller has the right not to deliver part or all of the goods or not to perform part or all of the services of the order for various objective reasons, including but not limited to exhaustion of their stock availability. In this case, the sole liability of the Seller in the event of non-performance is to return any previously received price of the goods or service, without owing compensation for the non-performance.

 

         Entry into force of the contract

         Article 15 (1) The distance sales contract between the seller and the consumer is considered to be concluded under a suspensive condition from the moment of receipt by the consumer of the notification under Art. 14, para. 1 of an order registered with the seller. The contract is considered to be concluded from the moment of the order, in case the customer is a trader or professional has received confirmation under Art. 14, para. 1 of these terms and conditions by email. In the absence of such confirmation, the contract is considered to be concluded from the acceptance of the goods or service by the customer professional, accompanied by the confirmation under Art. 14, para. 1.

(2) By virtue of the contract concluded between the parties, the seller undertakes, upon fulfillment of the conditions specified in Art. 5, para. 10, to deliver personally or through third parties to the customer or to persons specified by him the goods or services ordered by the seller within the terms and conditions of these General Terms and Conditions, and the buyer to pay the agreed price and accept the delivered goods or services.

(3) The contract binds the parties from the moment the seller notifies the customer that the goods or service can be delivered, with notification being made by e-mail and/or by SMS or call to the customer that the goods are ready for shipment or the service can be provided.

(4) The purchase and sale contract concluded between the customer and the Seller consists of these General Terms and Conditions and any additional agreements between the seller and the customer, included in the confirmation of the concluded contract under Art. 14, para. 1.

 

VI. TRANSFER OF OWNERSHIP

 

         Article 16 (1) When selling goods, ownership of the goods is transferred from Hot Farm/HotFarm of the client or a third party or representative designated by him/her upon delivery of the goods to that person and after payment has been made by him, if the value has not been paid in advance.       

         (2) The delivery of the goods is certified by the signature of the customer or a person or representative designated by him on the transport document or receipt provided by the courier.

         (3) The risk of loss or damage to the goods is on the customer from the moment the goods are handed over by the courier to the customer or third parties. If the courier is a person chosen by the customer, the risk is on the customer from the moment the goods are handed over by Hot Farm/HotFarm of the carrier. In all cases, if a transport defect is found, the client is obliged to inform Hot Farm/HotFarm within the terms and conditions of Article 25 of these General Terms and Conditions.

 

VII. PAYMENT

Article 17 (1) The prices of goods and services announced on the Site are final and include VAT, as well as all other taxes and fees provided for in the current 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 cancel it.

(3) HotFarm is not obligated to sell goods or services at incorrectly set prices on the website.

Article 18 (1) The price, payment method and payment term are specified in each order.

(2) Orders for products offered by the seller, worth over 1,000 BGN, will not be able to be paid upon delivery, but must be paid in full or 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 he/she wishes an invoice, Hot Farm/HotFarm or the courier provides only a fiscal receipt and/or receipt for the sale made upon receipt of cash payment in accordance with current legislation.

(4) In the case of payments via PayPal or other similar payment systems or payments by bank transfer or card (when such options are available), the seller is not responsible for any costs related to fees, commissions or other additional payments made by the customer in connection with the transaction, as well as in cases of currency exchange applied by the bank that issued the customer's card in cases where the currency is different from Bulgarian leva (BGN).

(5) Payment by card to the Site is accepted as an international payment by banks in Bulgaria and according to their rules for working with cards and card payments, some banks charge additional fees for such transactions. The costs associated with such payments are solely at the expense of the buyer. Therefore Hot Farm/HotFarm recommends that its customers check with their bank for any additional fees that may be charged to them when making online payments or payments through a bank for products and services sold on the Site.

Article 19 The client is obliged to provide all necessary information for the issuance of the invoice in accordance with the current Bulgarian legislation, if required.He can do this when placing the order or later by sending a message to the seller.

(2) In order to correctly prepare the invoice for the respective order, the customer is obliged to constantly update the data in his profile, if registered, or in his order. He is obliged to review the information specified in the respective order to ensure that it is complete, correct and accurate.

Article 20 Orders from the site can be paid for in the following ways:

(1) in cash on delivery (for ordering goods) – in this case, the value of the ordered goods and the delivery (unless it is free) must be paid by the customer, by a third party indicated by him or his representative to the courier carrying out the delivery, at the time of receipt of the goods against a fiscal receipt provided by the latter; if such a method is chosen, an additional “cash on delivery” fee is charged; payments are also accepted in cash upon delivery by another carrier or the seller's own transport, in which case the client receives a receipt for the payment made;

(2) by bank transfer - in this case, the value of the ordered goods and/or services and delivery (unless it is free) must be paid  by the customer or a third party chosen by him to the seller's bank account, and the payment is considered completed only after the same is confirmed and the corresponding amount is received in the seller's bank account. HOT FARM LTD;

(3) with a debit or credit card (virtual POS terminal), as well as via E-pay - in this case, the value of the ordered goods and/or services and the delivery (unless it is free) should be paid by the customer or a third party chosen by him through our partner's payment system, to which the customer will be automatically redirected and where the latter should enter his card details, and the payment is considered completed only after the system successfully registers the payment and the amounts are credited to the customer's account. HOT FARM LTD.; For payments other than bank transfers, the transaction is processed by payment institutions and Hot Farm/HotFarm does not receive any data about your credit or debit cards. When paying with a bank card, the customer is required to enter  in the payment form, complete details of the bank card with which to make the payment - name, card number, expiration date, CVC/CVV security code, personal secret password for 3D identification. By providing the necessary data, the client or third party payer identifies himself, confirms the amount of the payment and orders the card account to be debited with the payment amount and transferred to the account of Luta Ferma/HotFarm - "HOT FARM LTD.. The customer does not have the right to dispute a payment confirmed by entering a correct identification password (CVC/CVV security code, personal secret password for 3D identification or other password/identification code) or a payment confirmed by entering a 6-digit access code to the mobile application.

(4) through consumer credit (currently not applicable) – see the next article.21 of these Terms;

(5) via paypal (not applicable at this time) -  in this case, the value of the ordered goods and/or services and the delivery (unless it is free of charge) must be paid by the customer or a third party chosen by him through the PayPal system; if you choose this type of payment, you will be redirected to the PayPal system, where you must enter your e-mail address and password or register if you do not have one. The payment is considered completed only after the payment transaction is confirmed and the amounts are credited to the account of Hot Farm/HotFarm;

 

Article 21 A customer who wishes to purchase goods from the seller on credit - not available on the Site 

VIII. DELIVERY OF GOODS

                                       Delivery method    

Article 22 (1) Hot Farm/HotFarm undertakes to deliver the ordered and purchased goods himself 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 cases of delivery to the door, the customer must indicate the floor to which the products should be delivered in the address field in the electronic form on the Site. Otherwise, the delivery will be made to the building specified as the delivery address. Delivery of heavy or bulky goods can be carried out to the door of the building or to the site itself for an additional fee. In this case, you will be explicitly informed by Hot Farm/HotFarm. Some products on the site may only be offered with delivery to a courier's office, but not to an address specified by the customer.

(2) In case the customer is registered on the Site and has more than one address saved in his/her profile, the delivery will be sent to the one indicated as the main one.  

(3) HotFarm usually sends goods ordered by a customer through the courier company "Econt".

(4) Payment of the delivery price, unless otherwise agreed,  is made together with payment of the order price, and the time of payment may differ depending on the payment method chosen by the customer in accordance with Article 20 of these General Terms and Conditions.

(5) Hot Farm/HotFarm will deliver the goods and provide the services only on the territory of Bulgaria. For deliveries to other countries in the European Union or to third countries, Hot Farm/HotFarm offers its goods and services on other, suitable platforms with advertisements described in the appropriate language. In case a customer wishes a specific product to be delivered to an address outside the territory of Bulgaria, the customer should contact Hot Farm/HotFarm.

 Shipping costs

 

Article 23 (1) The shipping cost for products ordered through HotFarm is calculated automatically before the customer finalizes the order. In certain cases, the shipping fee is fixed, regardless of the quantity of items ordered, which is explicitly indicated on the site or in the specific product description.

(2) Shipping costs depend on the selected courier, the size and weight of the shipment, as well as the delivery address.For standard shipments weighing up to 10 kg, delivery within Bulgaria varies between 4.99 BGN and 50.00 BGN.
Recommendation: Sending the shipment to a courier's office is usually more profitable than delivering to the customer's address.

(3) For orders over a certain value, HotFarm may provide free shipping. 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 specific time, delivery on a non-working day, SMS notification of a shipment, or a "cash on delivery" fee.

(5) Unless otherwise stated in the specific product description, the following delivery terms apply:

  • Delivery to customer address: Shipments are sent within one business day after order processing and confirmation, using a courier service.
  • Delivery to a courier office: The shipment is sent to a courier office within one business day after the order is processed.

Note: For some settlements with a delivery schedule from courier companies (for example, more remote villages), you will be notified in a timely manner.

When returning an order within the 14-day period, the customer is responsible for the courier costs for the initial delivery and return of the product.

Delivery times

 

 

Article 24 (1) Orders through the HotFarm website are accepted 24/7, including weekends and holidays. Orders are processed and shipped within 1-3 business days after receiving confirmation or payment. For orders placed on Friday, Saturday, Sunday or during public holidays, the delivery time is extended by the time of the non-working days.

(2) The maximum delivery time in Bulgaria is 7 working days from the moment of order confirmation.

(3) In case the customer cannot be reached for confirmation by phone, the order will be canceled.

(4) HotFarm reserves the right to extend the delivery period by up to 7 working days without prior notice, and if a longer extension is needed - after consultation with the customer.

(5) If a delay in delivery is expected, the customer will be informed in a timely manner.

(6) The company is not responsible for delays caused by circumstances beyond its control, such as actions of the courier, legal restrictions, extraordinary events or force majeure.

(7) For orders with payment by bank transfer or via virtual POS/card, HotFarm may refuse or delay delivery if the payment has not been confirmed to the seller's account.

Inspection for delivery defects

         Article 25 (1) When delivering goods ordered by Hot Farm/HotFarm, The client undertakes to carefully review it personally or through a third party authorized by him, accepting it.

(2) If external visible defects are found - possible damage, impacts and other damages found during delivery, the customer or third party must sign a damage report in the presence of the courier, in which the report describes the defects found and immediately, no later than 48 hours of delivery, to notify Hot Farm/HotFarm for the findings.

(3) When the delivered goods clearly do not correspond to those ordered by the Customer and this can be established upon a simple inspection of the delivered goods, the Customer has the right within 48 hours to ask from Hot Farm/HotFarm the delivered goods to be replaced with goods corresponding to the order.

(4) Notification may be made in any of the ways listed in Section II of these General Terms and Conditions or through the contact form on the website.

(5) Upon receipt of a notification under the preceding paragraphs Hot Farm/HotFarm will replace the damaged/non-conforming goods within 5 /five/ working days, except in cases where goods of the same type are not available, for which Hot Farm/HotFarm undertakes to  inform the customer in a timely manner and negotiate with the customer the terms of replacement.

 

Receiving the shipment

         Article 26 (1) Upon acceptance of the delivery by the customer or a third party without comments, all and any subsequent claims for external visible defects of the received goods are unfounded and as such should not be satisfied. In the event that a damage report is not prepared and signed in the presence of the courier upon receipt of the goods and the customer does not notify immediately within 48 hours of delivery Hot Farm/HotFarm at the telephone number/email/address specified on the Site, the customer loses his right to bring the identified external visible defects into compliance with the sales contract.

(2) The above does not exempt Hot Farm/HotFarm from its obligation to offer goods and services corresponding to the sales contract and to provide the customer consumer (natural person) with the rights arising from the legal guarantee described in Section X of these General Terms and Conditions.

(3) If the delivery is refused, the consumer is liable for all costs of the delivery, which include the cost of courier services and packaging.

         Article 27 Upon delivery of the goods (except in cases of delivery of goods on payment), the customer or a third party accepting the delivery at the address specified by the customer is obliged to sign the accompanying documents. A third party is considered any person who did not place the order, but accepts the goods upon delivery at the delivery address specified by the customer.

         Article 28 Hot Farm/HotFarm ensures the appropriate packaging of the goods. If for any reason the ordered product, document or component is not included in the shipment, please contact us and we will do everything possible to provide it as quickly as possible.

 

                                 Non-acceptance of the order and unjustified refusal

         Art.28a In the event that a customer or a person specified by him is not found within the delivery deadline at the address specified by him and/or access to the delivery address is not provided,  Hot Farm/HotFarm will consider this as an unfounded refusal of the order and is released from its obligation to deliver the ordered goods, and the customer loses the opportunity to have the goods ordered by him delivered to him.

(2) Hot Farm/HotFarm reserves the right to send a notification of an unclaimed shipment to the electronic or physical address specified by the customer, as well as to claim the costs of delivery and return of the goods/goods. Hot Farm/HotFarm and the client agree that notice, when sent electronically, will be deemed to be in writing and received from the date of its sending by the  Luta Ferma/HotFarm, without the notification needing to be signed with an electronic signature.

(3) In the above cases, the customer may confirm his wish to receive the goods even after the expiry of the delivery period in which he was not found at the address, but he shall bear all delivery costs. In this case, a new delivery period shall start to run from the moment of confirmation. Hot Farm/HotFarm is exempt from the obligation to deliver if an ordered item is no longer available.

(4) In the cases under Art. Para. 2 the client owes to Hot Farm/HotFarm payment of the amount for delivery and return of the goods within 7 days of receiving the notification, unless another deadline is specified in the notification.  

 

  1. RIGHT OF REFUSAL AND PRODUCT REPLACEMENT

                     *This section is only applicable to users 

     Right of withdrawal and right of exchange period

         Article 29 (1) Within 14 days from the conclusion of the contract (order), when a service is ordered, respectively within 14 days from receipt of the goods - when ordering goods, the consumer has the right to cancel the order of the goods/service from the Site, without giving a reason or motive for this and without owing penalties or other compensation to the Hot Farm/HotFarm, in addition to the costs of returning the product, and for the initial shipping of the product, when the shipment at the request of the consumer is made to an address specified by him, and not to the courier's office. In the event that the product and or packaging are damaged more than usual for its testing, Hot Farm/HotFarm has the right, pursuant to Article 35, to deduct a corresponding amount for the reduced value of the goods from the amount subject to reimbursement, which may not exceed  the value of the goods. 

(2) When the consumer exercises his right to withdraw from the distance contract or the off-premises contract, any additional contract shall be automatically terminated, without the consumer being liable for any costs, compensation and/or penalties, with the exception of the costs provided for in Art. 29, para. 1, in conjunction with Art. 35 of these General Terms and Conditions. This consequence shall not apply to Art. 28 of the Consumer Credit Act.

(3) The right of withdrawal does not apply., respectively Hot Farm/HotFarm has the right not to honor an order cancellation if: i) the deadline for exercising the right of withdrawal has expired; (ii) the consumer has not returned the goods to the seller within the period under Article 33; iii) the consumer has not returned the goods in their entirety, together with the components and accessories; (iv) there is not enough data to consider that the product was purchased from official channel of Hot Farm/HotFarm - official company website; (v) The right of withdrawal is exercised for a service that, at the consumer's request, began immediately after the order and the consumer has agreed to waive his right of withdrawal; you) the cases described in Article 30 of these General Terms and Conditions;  (vii) the refusal clearly constitutes an abuse of rights by the consumer - for example, the returned goods have clearly been used more than the necessary testing or the consumer has damaged the goods; (viii) the user returned the product with a cash on delivery request - in this case Hot Farm/HotFarm has the right to refuse acceptance of the returned product and payment of the cash on delivery, and the consumer must send the goods back to Hot Farm/HotFarm no cash on delivery; (ix) the buyer is not a consumer;

(4) The period for cancellation of an order, when the same contains many goods delivered on different days, is 14 days, counting from the date on which the consumer or a third party indicated by him took possession (received) of the last good from the order;

(5) The withdrawal period for an order consisting of multiple lots or parts is 14 days from the date on which the consumer or a third party indicated by him takes possession of the last lot or part;

(6) The cancellation period for a subscription order that regularly delivers goods for a certain period (for example, a subscription to receive a product every month) is 14 days from the date of purchase.  the date on which the consumer or a third party indicated by him took possession of the first goods;                    

Goods and services for which the consumer does not have the right of withdrawal and exchange

Art.30  The consumer does not have the right to withdraw from the concluded contract or to request the replacement of a product with another in the following cases:

(1) when providing services, where the service has been fully provided and its performance has begun with the explicit prior consent of the consumer and confirmation on his part that he knows that he will lose his right of withdrawal once the contract has been fully performed by the seller;

(2) in the case of the delivery of goods or services whose price depends on fluctuations in the financial market that cannot be controlled by sellers, which may occur during the period for exercising the right of withdrawal;

(3) upon delivery of goods made to order by the consumer or according to his individual requirements;

(4) when delivering goods which, due to their nature, may deteriorate in quality or have a short shelf life;

(5) upon delivery of sealed goods that are unsealed after delivery and cannot be returned for reasons related to hygiene or health protection;

(6) when delivering a product that is not mass-produced, is not kept in stock, but is made individually and specifically for the consumer;

(7)  upon delivery of goods that have been processed by the consumer;

(8) in the case of a returned product that has been visibly used by the consumer or damaged;

(9) for orders that are not placed online (remotely);

Article 31 (1) Within 14 days of receiving the goods, the consumer also has the right to replace a product if the goods delivered to him do not correspond to what the consumer expected, given the normal purpose of the product.

(2) If the right of replacement is exercised and there are prerequisites for its respect, Hot Farm/HotFarm undertakes to replace the product with another within 14 (fourteen) days from the date on which the consumer returned the relevant product to Hot Farm/HotFarm. In the event that the seller does not have the requested product and it is not available, he offers the consumer another product, and with the latter's consent, the replacement takes place with this other product, and in the event of a price difference between the two products, the parties agree on the method of additional payment/refund of the sales price that formed the difference. In the absence of consent Hot Farm/HotFarm should refund to the consumer the amount paid for the goods within the time limits and under the conditions specified in the previous paragraphs of this provision.


                                               Notification of refusal

         Article 32 (1) Notification by the consumer that he/she withdraws from the contract or that he/she wishes to replace the received product with another of the same type (in the case of consumer customers) should be made within the period under Art.29, in any of the following ways:

▪       by calling the contact numbers with Hot Farm/HotFarm;

▪       via email to the Seller's email address in free text;

▪       by letter with return receipt to the address of Hot Farm/HotFarm in free text;

▪       by filling out and sending to Hot Farm/HotFarm on the Standard Cancellation Form, available below;

(2) The user may, but is not obliged to, use the Standard Form for Cancellation or Replacement as follows:

 

To   "HOT FARM LTD., with headquarters and management address: Sofia, 10 Milcho Leviev Str., e-mail: info@hotfarm.eu

 

Return address for orders:

Strashimirovo village, Ivan Vazov 2

 

         STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL

 

         I hereby notify that I withdraw from the contract I have concluded for the purchase of the following goods/services:

         Order number ………………………

         Item:………………………………………………/product type/article number/

         Size: ............................................................/if applicable/

         The goods were ordered on …………………........ /the date of the order is indicated/

         The goods were received on …………………....... /indicate the date of delivery/

         The goods were ordered by………………………/three usernames/

         gr./s……………………………………….../user address/

         E-mail and contact phone number:................................

        

         I would like you to refund the amount I paid. for the goods and their delivery by bank transfer/other means, with the following data:

  •     IBAN: ……………………………………………………
  •     At the bank: …………………………………………...
  •     Holder:………………………………………………........
  •     Other: ..............................................................................

        

          

 

……………….………………………………. ..../Date/

         . ......................................................................../User's signature/

         Sign only if you are submitting this form on paper.      

                                            

                                             Return of goods

         Article 33 (1) When canceling an order for goods from Hot Farm/HotFarm , as well as in the event of a request for replacement, the consumer must, within 14 days of notification that he/she is canceling the order or wishes to replace a product, return the product in its entirety and in the condition in which the goods were received. In certain cases Hot Farm/HotFarm can refund you without you having to return the product.

(2) When returning the product, the consumer should indicate to 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 the consumer.

(3) The return of the goods is at the expense of the consumer. If the consumer has not paid for the return shipping, Hot Farm/HotFarm deducts the shipping costs from the price subject to refund and returns the difference to the consumer.

(4) Returned shipments with "cash on delivery" requested by the user will not be accepted until they are re-sent without "cash on delivery". Hot Farm/HotFarm needs technological time to check the contents and condition of the returned shipment.

                                                        

                                             Refund of paid amount

         Art.34 (1) If the right of withdrawal is exercised and there are prerequisites for its respect, Hot Farm/HotFarm undertakes to refund the price paid under the contract concluded at a distance from which the consumer has withdrawn, within 14 days of notification of the withdrawal, and when the goods are returned by the consumer or a courier - within the date on which the latter has returned the relevant product or from the date of provision of indisputable proof of the return of the product by the  the user, whichever of the two moments occurs earlier. If the right to refuse services is exercised, the period for returning the amounts paid by the user is 30 /thirty/ days from the date of notification by Hot Farm/HotFarm for acceptance of the refusal. The refund of amounts shall be made after deduction of amounts in accordance with the procedure of Art. 35, if applicable.

(2) The amount subject to reimbursement under paragraph 1 includes the price paid by the consumer for the goods or service excluding the price for courier services for returning the goods, as well as for the initial delivery, if it was made to the consumer's address.

(3) The amount will be refunded as follows, without incurring any additional costs for the consumer, unless the bank or payment institution servicing it requires any fees:

  • Payments made by bank transfer, debit or credit card - to a bank account provided by the user or by refunding the amount to the account from which the payment was made.
  • Payments made by cash on delivery or otherwise - to a bank account additionally provided by the user or by cash on delivery - at the user's choice;
  • Payments on consumer loans - after termination of the consumer loan agreement and recalculation of loan installments - most often to the bank account from which the loan installment amounts were received or in another manner determined by the bank that granted the loan.

 *Payments for orders from users are refunded with the same payment method used by the user in the initial transaction, unless the user has expressly consented to the use of another payment method and without incurring any charges.  costs for the user.

        

                                                         Withholding amounts

Art. 35 Hot Farm/HotFarm has the right to deduct from the value under Art. 34, para.1 before its restoration respectively:

(1) an amount for the reduced value of the product, including its packaging, if after the return, wastage and/or damage to the product or packaging is found that is not due to its normal testing;

(2) the costs of returning the goods back to Hot Farm/HotFarm ;

(3) the costs of the initial shipment of the goods, when the shipment at the request of the consumer is made to an address and not to an office of the courier company; if the customer is a professional, the same always owes payment for the initial shipment of the product, in case Hot Farm/HotFarm gave him the opportunity to refuse;

        

Article 36 In cases where the performance of a service has begun within 14 days of the order with the prior consent of the consumer and upon receipt of a transfer (down payment) from the latter and subsequent exercise by him of his right of withdrawal, Hot Farm/HotFarm has the right to deduct from the deposit an amount equivalent to what has been performed up to the moment of the refusal. In the absence of a deposit, Hot Farm/HotFarm reserves the right to claim payment of the amount from the consumer. If the customer is a trader or professional, this clause applies without prior consent and only if Hot Farm/HotFarm gave him the opportunity to refuse;

 

Extract from the Consumer Protection Act

Article 37 An extract from the regulations on the right of withdrawal can be found here. HERE.

 

                                 Other cases of refusal (cancellation)

Article 38 (1) Each party has the right to refuse to fulfill (cancel) the order placed or its obligations under it, of which it should notify the other party in an appropriate manner.

(2) If the cancellation of an order is prior to confirmation of the possibility of execution within the meaning of Art. 14, para. 2, Hot Farm  /the user is not liable and does not owe compensation or penalties to the other party.

(3) Hot Farm/HotFarm may unilaterally cancel an order if the customer has ordered a product or service from the Site, noting that the order is intended for a third party (for example, for a gift), whose details he has provided for the purposes of delivery. Cancellation in this case may be carried out if Hot Farm/HotFarm there is a suspicion that the shipment has a threatening, reproachful, mocking or other purpose contrary to good morals and ethics.

 Art.39 The cancellation of an order does not entail any liability or subsequent obligation of either party towards the other in relation to it and accordingly neither party has the right to seek compensation from the other for its cancellation in the following cases:

(1) non-acceptance by the client's issuing bank of the transaction during online payment;

(2) carrying out the monetary transaction, which does not result in funds being credited to the seller's account in the case of online payments;

(3) failure to fulfill or cancel an order by the seller before confirmation is available within the meaning of Art. 14, para. 2 of these General Terms and Conditions;

 

Article 40. In the cases under Article 39, the order shall be automatically cancelled.

 

  X. WARRANTY. RIGHT OF COMPLAINT

*This section is only applicable to users 

 

                     Non-conformity of the goods with the contract. Legal warranty

        

Article 41 (1) Hot Farm/HotFarm offers all consumer goods on the Site with a legal guarantee of conformity of the goods with the contract in accordance with the applicable legislation. A good complies with the contract when it possesses the quality, functionality and purpose usual for this type of product.

(2)  Any lack of conformity of the goods with the sales contract which becomes apparent within 6 months after delivery of the goods shall be deemed to have existed at the time of delivery, unless the seller proves that the lack of conformity is due to other reasons for which Hot Farm/HotFarm is not responsible. For non-conformities that occur after the 6-month period, the consumer must prove that the cause of the defect is  responsibility of Hot Farm/HotFarm

                    

                                             Deadline for filing a complaint

Article 42 The complaint for a good/service may be filed under the procedure of Art. 44 by the consumer within 72 hours of receipt of the good, when the non-conformity is external, visible and obvious and could have been ascertained during a certain inspection during or immediately after delivery; or within 14 days of receipt of the good.


          Art.43 There is no non-conformity of the goods with the sales contract in the following cases:

(1) the deviation/inconsistency is not material;

(2) the consumer had special requirements for the product that he did not indicate in writing to Hot Farm/HotFarm before the order and the product does not meet these expectations of  the user;

(3) the non-conformity is due to the nature of the goods and their normal wear and tear over time;

(4) the non-conformity is caused by incorrect operation/installation/storage/use of the product;

(5)  the consumer knew or could not have been unaware of the non-conformity when concluding the contract (order) - for example, at the time of the order, the consumer was informed by us that the goods had certain non-conformities with the usual (for example, goods from a category on the site with revalued goods, goods with a defect, unpacked goods, when the Site clearly states that the goods have been reduced due to an existing defect or a specific circumstance);

(6) the non-conformity is visible and obvious and concerns the appearance of the goods (for example, scratches, tears in the packaging or part of the product contents) and could have been detected during a simple inspection of the goods upon receipt (delivery) and nevertheless  the consumer did not sign a damage report in front of the courier and or did not notify Hot Farm/HotFarm within the terms under Art. 26, para. 1 of these General Terms and Conditions;

(7) the non-conformity occurred after the expiration date indicated on the packaging of the goods;

                    

                                                         Claim

         Article 44 (1) The consumer has the right, within the terms specified in Art. 42, to file a complaint with the Hot Farm/HotFarm a claim for any non-conformity of the goods with what was agreed/ordered /, when after delivery, non-conformities of the goods with the sales contract are discovered, regardless of whether the manufacturer, importer or seller has provided a commercial guarantee for the goods.

(2) Bringing the goods into conformity with the sales contract by the Hot Farm/HotFarm is free of charge for the consumer. The consumer customer does not owe any costs for shipping the goods or for materials and labor related to its repair, and does not suffer any significant inconvenience. The professional customer owes any costs for shipping the goods if they deliver them by courier and only if Hot Farm/HotFarm has provided him with a guarantee of conformity of the goods.

(3) When submitting a complaint, the user indicates the subject of the complaint, his preferred method of satisfying the complaint, and his preferred method of contact;

(4) Filing a complaint is not an obstacle to filing a claim.

(5) When filing a complaint  The consumer must also attach the documents on which the claim is based, namely: i) a receipt or invoice from the supplier; ii) protocols, acts or other documents establishing the non-compliance of the goods or service with the agreement - if any; iii) other documents establishing the claim by reason and amount.     

(6)  The complaint is submitted to Hot Farm/HotFarm in one of the following ways at the user's choice:

▪   by calling the contact numbers with Hot Farm/HotFarm ;

▪    on site at the address: village of Strashimirivo, 2 Ivan Vazov Street

▪    via email to the email address of Hot Farm/HotFarm in free text;

▪  by letter with return receipt to the address of Hot Farm/HotFarm in free text;

▪   by filling out and sending to Hot Farm/HotFarm on a Standard Claim Form as follows:

 

To  "HOT FARM LTD., e-mail: info@hotfarm.eu

 

Return address:

Strashimirivo village, Ivan Vzaov 2 street

 

STANDARD FORM FOR EXERCISING THE RIGHT TO

 COMPLAINT

 

         I hereby notify that I have discovered a discrepancy between the goods/services and what was agreed.

         Item:………………………………………………/product type/article number/

         Size: ............................................................./if applicable/

         The goods were ordered on …………………........ /the date of the order is indicated/

         The goods were received on …………………....... /indicate the date of delivery/

         The goods were ordered by………………………/three names of the user/

         gr./s……………………………………….../address of the user/

         E-mail and contact phone number:................................

         Has the item been used? - Yes/No................../circle the true/

         Is the product installed? - Yes/No.................../circle the true/

         Subject of the complaint:

…………

         Preferred method of satisfaction for goods

         /circle the choice/

  1. I prefer free repairs in accordance with Art. 113 and Art. 114 of the Consumer Protection Act.
  2. I would like to exchange the product for another one. I ordered the wrong product.
  3. The goods were damaged during transport. I am attaching a damage report.
  4. I would like a discount on the price of the product/service.
  5. I would like a voucher to use for a new order (valid for 2 years).
  6. I wish to perform the service in accordance with the contract.
  7. I would like to be refunded the amount paid for the product/service in the following manner: ..........................................................................................................................................

Please indicate the method of refund, and if you request a refund by bank transfer, please indicate a bank account.

 

         I am attaching the following documents:

  1.  Receipt or invoice;
  2. Protocols, acts or other documents establishing the non-compliance of the goods or services with the agreement;
  3.  Other documents establishing the claim by reason and amount.

(circle the desired option)

 

  1. Warranty certificate

 

         ……………….………………………………. ..../Date/

         . ......................................................................../Signature of the user/

         Sign only if you are submitting this form on paper.      

 

                                              

         Article 45 (1) In cases where the claim is filed outside the scope of Hot Farm/HotFarm,  The consumer should provide the goods to the seller at the following address:  Plovdiv, Maritsa Gardens district, block 11.

(2) Delivery, if a courier is used, is at the expense of Hot Farm/HotFarm, in case the complaint is accepted by Hot Farm/HotFarm as reasonable.

         Article 46 If Hot Farm/HotFarm has provided a commercial guarantee for the goods, supplementing the legal guarantee under Art.42, and the term of the commercial guarantee is longer than the terms for filing a claim, the claim may be filed until the expiration of the term of the commercial guarantee.

                     Registration of the complaint. Compliance

         Art. 47 (1) Hot Farm/HotFarm When a complaint is filed, it enters it in the Complaints Register, providing the user with the number and date of the complaint, as well as information about which employee accepted it.

(2) Within 30 days of submitting the claim ILuta Ferma/HotFarm It is decided whether the complaint is justified or not.

(3) The user must notify immediately Hot Farm/HotFarm, in the event that, upon filing a claim, he is not provided with a document containing the data under paragraph 1.

 

         Article 48 In case of justified complaints Hot Farm/HotFarm brings the goods into conformity with the sales contract within the period under 47, para. 2. The goods shall be brought into conformity with the contract free of charge in one of the following ways at the Seller's discretion according to the nature of the non-conformity:

(1) repair of the goods (if possible and applicable) - all repairs of products purchased from the Site are carried out in Bulgaria in service centers authorized by the seller;

(2) replacement of the goods with a new one of the same type;

 

         Article 49 (1) If any of  the actions referred to in Art. 48, para. 1 and para. 2 prove impossible or inappropriate for reasons such as impossibility of repair due to excessive repair costs exceeding the value of the goods, due to a significant irreparable defect or due to the nature of the goods, impossibility of replacement due to unavailability of the product, Hot Farm/HotFarm returns the price paid by the consumer for the goods and their delivery.

(2) Refund of the price of the goods and their delivery Hot Farm/HotFarm also due in the following cases:

▪   when he has not decided on the complaint within the period under Art. 47, para. 2 of these General Terms and Conditions;

        

Article 50 (1) If the goods are unreasonably not repaired or replaced by Hot Farm/HotFarm within the period under Art. 47, para. 2, the consumer has the right to terminate the contract and have the amount paid refunded or to request a reduction in the price of the goods.

(2) The consumer cannot claim termination of the contract if the non-conformity of the goods with the contract is insignificant.

(3) The consumer has the right under paragraph 1 even when he is not satisfied with the resolution of the complaint by the Hot Farm/HotFarm. The latter is obliged to satisfy the consumer's request when, after having satisfied three consumer complaints by repairing the same goods, within the period under Art. 42, para. 1, there is a further occurrence of non-conformity of the goods with the sales contract.

(4) The consumer cannot claim a refund of the amount paid or a reduction in the price of the goods when Hot Farm/HotFarm agreed to replace the goods with a new one or to repair the goods within one month of the consumer submitting the complaint.

(5) In any case of a satisfied complaint Hot Farm/HotFarm issues the consumer a copy of a complaint satisfaction report, which shows the action taken on the complaint.

 

                                             Unfounded complaint

Article 51. The complaint is unfounded and will not be honored when:

         (1) is filed after the expiry of the time limits under Article 42;

         (2) any of the conditions in Article 43 is met;

         (3) the customer's materials were used to manufacture the product, which, due to their quality, led to a discrepancy in the finished product obtained from the materials;

         (4) the consumer has not provided the documents under Art. 44, para.5 and either did not return the product, or returned it without the accessories and/or components attached to it;

         (5)  a modification or change to the technical specifications has been made and this has happened without the knowledge and consent of Hot Farm/HotFarm and outside a service center authorized by it and or in contradiction with these General Terms and Conditions;

         (6) there are damages caused by the user or a third party for which Hot Farm/HotFarm is not responsible, as  in cases where the defect is caused by other modules and devices used in conjunction with the warranty product;

         (7) in the event of chemical, electrical and/or other effects unrelated to the normal operation of the product, as well as when the defect is caused by circumstances for which Hot Farm/HotFarm does not respond - electrical network malfunctions, electric shocks, lightning, improper grounding, mechanical deformations,  natural disasters, failure to comply with the specified requirements for electrical power supply, damage caused by water or moisture;

         (8) the complaint concerns a product that was not purchased from Hot Farm/HotFarm (for example, you indicated that the product was purchased from us, but you sent us a different product);

         (9) in the event of a claim and a product returned by the consumer in poor condition, if the type of product indisputably indicates: i) abuse of right; ii) failure of the consumer to exercise due care; iii) improper use and/or maintenance of the product, due to which it can be concluded that the defect was caused by his fault (damage, breakage, crushing of the product and/or its components, traces of force applied to the product, dropping, pressing, etc.); iv) improper installation, assembly or intervention; v) removal or modification by third parties of elements of the product;

         (10) there is no discrepancy;

 

         Article 52 (1) In case of an unfounded complaint Hot Farm/HotFarm informs the consumer of its decision and is released from responsibility to honor the complaint and bring the goods into conformity with the contract. If the consumer is dissatisfied with the decision of Hot Farm/HotFarm he can pursue his claim through legal proceedings. 

         (2) The repair/repair of products outside the warranty period or within this period, but provided that the obligation of Hot Farm/HotFarm to bring the goods into conformity with the sales contract has failed for any reason, is subject to payment by the consumer and is carried out within a period agreed upon between the parties.

 

                                 Extract from the Consumer Protection Act

         Article 53 For an extract from the law on the right to complaint and legal guarantee, see HERE.

 

  1. INTELLECTUAL PROPERTY

 

         Article 54 (1) All content present on the Site, namely -  the logo, together with the figures and text contained therein, inscriptions and images, drawings, diagrams, graphics, design, database, descriptions, methods, processes and other objects of intellectual property and copyright,  the contents of the General Terms and Conditions are the property of  "HOT FARM LTD. or to third parties, of whom  "HOT FARM LTD. has received consent for reproduction and or has a contract for the use of the intellectual property object and or copyright.

         (2) HotFarm are a trade name, brand and domain used by  "HOT FARM LTD.

        

Art. 55 Hot Farm/HotFarm reserves all its rights to the intellectual property related in any way to the Site.

 

         Article 56 Certain products displayed on the Site have their own, specific and unique design, owned by ILuta Ferma/HotFarm, which is the subject of copyright and intellectual property.

 

         Article 57 Visitors to the Site may use the content solely for the purposes of buying and selling. Use of the content for purposes other than those set forth in the Terms and Conditions is considered a violation of these Terms and Conditions.  on the Site, as well as for infringement of intellectual property owned by  "HOT FARM LTD..

 

         Article 58 Each product and each service displayed and offered on the Site meets the European and national requirements regarding the specific product/service.

 

         Article 59 (1) Visitors to the Site may copy, share, transfer and/or use the content only for personal, non-commercial purposes and only in cases where this does not contradict the provisions of this chapter of this document and express written consent has been obtained from the  "HOT FARM " Ltd. or third parties, holders of copyright and other intellectual property rights, who have given their consent to the use of their works and other intellectual property objects.

         (2) Hot Farm/HotFarm gives the right to owners of other sites and other persons to publish links to the online store only when the reference is clear and unambiguous.

         (3) It is prohibited to copy texts from the Site, place them on other websites and online stores without the written consent of Hot Farm/HotFarm or without citing the source, by inserting the following text: "Source: online store /specify the domain of our Site/", and the link must necessarily lead to the online store Hot Farm/HotFarm .

 

                                                         XII. ADVERTISING

        

         Article 60 (1) At the moment when a natural person user creates a profile (account) registration on the Site and or places an order, he has the opportunity to express his consent to receive advertising messages. He can also express this desire by filling out the subscription form available on the Site.

(2) Any person can consent to receiving such messages by filling out the subscription form on the Site, sending a message/letter to the addresses specified on the website, or by marking a specially designated consent to receive advertising.

(3) For providing advertising messages to legal entities that have registered a profile on the Site and or to legal entity customers who have ordered goods or services from the Site, Hot Farm/HotFarm is not obliged to require consent to send advertising messages.

(4) In accordance with applicable legislation on electronic communications and personal data protection, Hot Farm/HotFarm may send commercial messages via SMS to customers who have made a purchase from the online store without the need for prior explicit consent, when the following conditions are met:

1. The customer has provided a phone number when creating an order or registering for the purpose of fulfilling the contractual relationship;

2. The messages relate to the company's own or similar products and services. Hot Farm/HotFarm;

3. The customer is provided with a clear and easy opt-out option with 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 at the contact details provided in the privacy policy.

 

         Art.61 (1) The user may opt out of receiving advertising messages at any time by using the special link found in each advertising message, by changing the settings in their account or by contacting Hot Farm/HotFarm in any other way than specified in these General Terms and Conditions and on the Site.

(2) Refusal to receive advertising messages does not mean automatic refusal of the consent to conclude this contract.

                   XIII. PUBLICATION OF OPINIONS, QUESTIONS AND ANSWERS

Article 62 (1) The publication of opinions, questions and answers in the sections provided for this purpose is possible for any visitor to the Site. The shared content can be both positive and critical, as long as it is objective and related to the characteristics and use of the relevant products or services.

(2) Each visitor agrees that the reviews and visual materials provided by him may be used for advertising purposes by the company for an unlimited period of time. Personal information will be processed in accordance with the current requirements of the General Data Protection Regulation (GDPR).

Article 63 When posting an opinion, question or answer, visitors are required to comply with the following requirements:

  1. Focus on the features and how to use a specific product or service, avoiding information that may change, such as temporary discounts or promotional campaigns.
  2. To use only the Bulgarian language and Cyrillic script. Terms and expressions that are established in the relevant field and are often used by the media are permissible.
  3. Avoid using obscene or offensive language, as well as statements that violate the rights of third parties.
  4. To ensure that the information provided is accurate, reliable and complies with applicable laws, respecting intellectual property rights, personal data and other applicable regulations.
  5. To use the platform solely for communication or to obtain additional information about products or services, without including references to competing companies.
  6. Do not provide or request personal information (such as addresses, phone numbers, emails, and other identifying information) in comments, questions, or responses.
  7. Not to post links to other websites that offer similar products or services to those of Luta Ferma/HotFarm.
  8. Do not include comments or questions of an advertising nature.

Article 64 If a report is submitted for content that is inappropriate or contrary to these Terms and Conditions, HotFarm will conduct a review to determine whether the posted content violates the rules. All texts, photos or videos will be removed only after confirmation by HotFarm.

 


Article 65 In case of systematic violations of these terms and conditions, HotFarm reserves the right to restrict the specific user's access to posting opinions, questions and answers, without being obliged to provide an explanation for this decision.

 

                                                         XIV.RESPONSIBILITY

 

         Art. 66 (1) Hot Farm/HotFarm and the client are liable for any action or omission that has caused any of the parties damages, including lost profits, in accordance with these General Terms and Conditions and Bulgarian law.

(2) Luta Ferma/HotFarm / The client is not liable for any damages suffered by the client as a result of force majeure circumstances or those that are beyond the control of the party..

 

                                             XV. PROCESSING OF PERSONAL DATA

 

         Article 67 (1) According to the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian legislation Hot Farm/HotFarm and more specifically  "HOT FARM Ltd. is the administrator of personal data.

         (2) HotFarm accepts the Personal Data Security Policy and Cookie Policy, which every visitor whose personal data is processed Hot Farm/HotFarm or to whom cookies are applied, should accept after becoming familiar with them.

Article 68 The visitor's personal data may be provided to the prosecutor's office, the police, judicial institutions or other state authorities, on the basis and within the framework of legal provisions and following an explicit request from them.


                                  XVI. APPLICABLE LAW AND JURISDICTION

Article 69

(1) All disputes that may arise between Lyuta Ferma/HotFarm and users or clients, legal entities, will be resolved through negotiations. In case no agreement is reached, the dispute will be resolved in accordance with the current Bulgarian legislation, unless the parties have agreed otherwise.

(2) In the event of a dispute, the parties have the opportunity to use alternative methods for out-of-court dispute resolution (ADR) between consumers and traders. This includes voluntary conciliation proceedings with the mediation of the General Conciliation Commissions, which are territorially separate. The competent authority for disputes between "HOT FARM" Ltd. and individual consumers is the Conciliation Commission of the respective territory. A consolidated list of recognized ADR bodies in the countries of the European Union can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.

Art.70

Individual consumers have the right to use the European Online Dispute Resolution (ODR) platform, which is available at http://ec.europa.eu/odr. This platform is a central portal for resolving disputes between consumers and traders in the European Union.

XVII. COMMUNICATION BETWEEN THE PARTIES


Article 71

Hot Farm/HotFarm and all customers (individuals and legal entities), as well as visitors to the Site, accept the following contact channels:

(1) For the seller:

  • "HOT FARM" Ltd.
  • email: info@hotfarm.eu;
  • Correspondence address: Sofia, 10 Milcho Leviev Str.;
  • contact form on the Site.

(2) For the customer or visitor to the Site:

  • telephone number specified in the order or correspondence;
  • email address provided during the order or correspondence;
  • postal address specified as the delivery address.

Article 72

All notifications and communications exchanged between the parties via e-mail shall be deemed to be in writing and shall have legal value without the need for an electronic signature.

XVIII. BODIES REGULATING THE ACTIVITY

Article 73

HotFarm is regulated by the following authorities:

  1. Consumer Protection Commission (CPC):
  • Website: www.kzp.bg
  • Phone: 0700 111 22
  • Email: info@kzp.bg
  • Address: Sofia, Slaveykov Square, No. 4A, floors 3, 4 and 6
  1. Commission for Personal Data Protection (CPDP):
  • Website: www.cpdp.bg
  • Phone: 02/91-53-518
  • Email: kzld@cpdp.bg
  • Address: Sofia, 2 Prof. Tsvetan Lazarov Blvd.
  1. National Revenue Agency (NRA):
  • Website: www.nap.bg
  • Phone: 02/9859 3821; 02/9179124
  • Email: nap@nra.bg
  • Address: Sofia, Tsar Boris III Blvd. No. 215 or Aksakov St. No. 21
  1. Commission for Protection of Competition:
  • Website: www.cpc.bg
  • Phone: 02/9356 113
  • Email: cpcadmin@cpc.bg
  • Address: Sofia, 18 Vitosha Blvd. 

Final provisions

Article 74

(1) These General Terms and Conditions are an integral part of the distance purchase and sale contract concluded between Lyuta Ferma/HotFarm and the customer.

(2) If any provision of these General Terms and Conditions is declared invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.

(3) Issues not covered by these General Terms and Conditions shall be governed by the current legislation of the Republic of Bulgaria.

(4) All disputes related to these General Terms and Conditions, the distance sales contract or the use of the Site, which cannot be resolved by mutual agreement, will be referred to the competent court in accordance with Bulgarian law.

Article 75

(1) By placing an order, registering or using the Site, the client declares that he is familiar with these General Terms and Conditions, accepts them voluntarily and undertakes to comply with them.

(2) The Merchant reserves the right to make amendments and supplements to the General Terms and Conditions by notifying the customers by publishing them on the Site.

(3) These General Terms and Conditions shall enter into force from the date of their publication on the Site and shall be valid until their cancellation or update.

Article 76

These General Terms and Conditions have been accepted by "HOT FARM" Ltd. and are published on the Site for information and acceptance by all users and clients.

Thank you for choosing HotFarm!

We value your trust and are committed to providing quality products and service!


DISCLAIMER

Some of the products offered by HotFarm contain ingredients with an extremely high degree of spiciness. By purchasing these products, you declare that you fully understand and accept the risks associated with their consumption, and assume full responsibility for possible consequences arising from their use.

Please note the following:

  1. Be careful when handling spicy products.
    Avoid contact with eyes, face or other sensitive parts of the body.
  2. Keep products away from children and animals.
    Do not leave products purchased from us unattended in the presence of children or pets.
  3. Avoid excessive use
    Some products are not intended for consumption in large quantities. Always follow the instructions and recommendations for use stated on the label or product description.
  4. Be responsible.
    High-spicy products are intended for individuals who are familiar with the effects of consuming them and are confident in their tolerance to spicy foods.

The use of our products should be done with caution and in accordance with individual tolerance. HotFarm is not responsible for any adverse consequences related to improper use or excessive consumption.