Terms of Service

TERMS OF SERVICE

Last update: 01 March 2021

This website is operated by IVENTIS LTD with head office located at 75A, Dimitar Talev Str., 4000 Plovdiv, Bulgaria. Email: info@coldfire.net, phone: ‎+359 32 398 870, VAT ID: BG202251989.

These Terms of Service are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Service from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Service shall be made available on COLDFIRE’s online store. If such a facility is provided, you may determine when these Terms of Service were last modified by referring to the "Last update" legend provided above.

You are requested to regularly visit COLDFIRE’s online store to view the most current Terms of Service. It shall be Your responsibility to check these Terms of Service periodically for changes and Buyer should also check Additional Terms of Service of the Seller on the Product listing. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the COLDFIRE’s online store and related services. If no separate consent is sought, Your continued use of the online store following such changes and modifications to the online store or these Terms of Service will constitute Your acceptance of such changes or modifications.

1. Offer and Acceptance of the Product.

COLDFIRE as a seller (this term is used in the text below for the COLDFIRE online store in his capacity as a seller) hereby makes an offer to sell the Products listed by Seller on the COLDFIRE’s online store and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is a bipartite contract between the Buyer and the Seller. Shopify is not a third party beneficiary under such bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that Shopify has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Service, Website Terms of Use, Privacy Policy or under any contract or policy between Shopify on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.

2. Product(s).

The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, the Seller may cancel or instruct Shopify to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Shopify. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. COLDFIRE shall have the sole discretion to determine the mode of reversal from the above options.

With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:

Seller has the right to sell the Products to the Buyer on or through the COLDFIRE’s online store;

Buyer shall have and enjoy quiet possession of the Products;

Products shall be free from any charge or encumbrance in favor of third party excepting delivery fees;

Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;

Product shall meet the description and specifications as provided on the COLDFIRE’s online store.

3. Pricing Information.

The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the COLDFIRE’s online store on 'as is' basis as provided by the Seller. Due to technical reasons, there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
All prices are inclusive of VAT unless stated otherwise.

4. Delivery of the Product.

There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by the Seller on the COLDFIRE’s online store and purchased by the Buyer and meet all descriptions and specifications as provided on the online store. All orders will be shipped from the warehouse within 24h (during business days / Monday-Friday) after successful payment.
Buyer's shipping address and PO code will be verified with the database of COLDFIRE’s online store before the Buyer proceeds to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller. The specific delivery terms are as follows:

 

PAID EXPRESS SHIPPING 

Paid International Express shipping provided by DHL or TNT Express (usually 1–5 days, with tracking) or other traceable Express service for all small leather goods: 19 EUR

Except some remote regions where an additional charge will be applied.

Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. For deliveries Outside EU some duties and taxes may be due upon delivery. Therefore, time is not the essence of the bipartite contract between the Buyer and the Seller for purchase and sale of Product on or through the COLDFIRE’s online store. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.

Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Shopify for any loss of any fee or charges that Shopify and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Shopify and its third parties are not consequential or indirect.

The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.

These Terms of Service shall be governed in accordance with the laws of BG without reference to conflict of laws principles. You acknowledge that these Terms of Service are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.

The European commission provides a platform for online dispute resolution (OS).
This platform is available at http://ec.europa.eu/consumers/odr/.