Please read these terms carefully before accessing or using this web site.
BY ACCESSING OR USING THIS SITE, IT IS PRESUMED THAT YOU HAVE ACKNOWLEDGED AND ACCEPT THESE TERMS on which we supply any of the products (Products) listed on this website http://store.elmarkholding.eu (the Site) to you. Please read these terms and conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
THESE TERMS APPLY EXCLUSIVELY TO YOUR ACCESS TO AND USE OF THIS WEB SITE, AND THE SERVICES AND INFORMATION OBTAINED THROUGH THIS SITE.
These terms may be changed from time to time at ELMARK‘ s discretion and posted in current form at this site; it is your responsibility to periodically check this site to be aware of the most current changes. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new terms. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE THE SITE OR DOWNLOAD ANY INFORMATION FROM IT.
ELMARK may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. ELMARK may remove, modify or otherwise change any content or impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. ELMARK may terminate your use of the Site at any time in its sole discretion.
General Terms of Sale
- These General Terms of Sale (“Terms”) shall govern any offer made by ELMARK TRADE LTD (THE SELLER) or any other company from ELMARK structure and all resulting contracts entered into by the Seller with any buyer (the “Buyer”).
- The Buyer hereby warrants and represents to the Seller, that it is a business customer acting in the course of a business and is not a consumer.
- Upon application approval, each Buyer will be provided personalized access and individual discounts.
- The Seller provides by e-mail a specific quote in writing/proforma invoice/ for each placed order through the online portal. The prices and terms of that quote relate exclusively to the products (specifications and quantities) which are specified therein.
- Prices - The prices are expressed exclusive of taxes (in particular VAT).
- Payment terms - The conditions and terms of payment are specified each Proforma Invoice.
- Delivery Terms – All deliveries are EXW ELMARK warehouse, INCOTERMS 2010. The Buyer is responsible for carriage, insurance and/or import customs’ clearance, if any. Delivery terms shall be specified in each Proforma Invoice. The Seller shall provide most advantageous transport cost for Buyer’s reference if he would like the Seller to organize the transport on Buyer’s behalf.
- The Seller will be entitled, at its discretion, to deliver the products by separate instalments in case of different production lead times. The Seller shall prepare separate Proforma Invoice for each instalment. Each instalment can be deemed to be a separate contract or upon Buyer’s request to combine all in one Proforma Invoice with delivery time of the installment whichever period is longer.
- Delivery periods are provided as an indication. The Seller will use reasonable efforts to make the goods available for collection on the estimated delivery date notified to the Buyer but time for delivery of the goods depends on the choice of logistic provider.
- The Seller retains legal and beneficial ownership of the products until receipt of full payment of the whole price (principal amounts and incidentals) of said products and all other sums which are or which become due to the Seller from the Buyer on any account whatsoever.
- Packaging. The prices set forth in the Proforma Invoice are understood as being for Seller’s standard packaging. Any request from the Buyer for packing modification other than that which the Seller usually uses shall be charged to the Buyer. Under no circumstances shall the Seller take back packaging.
- Concluding sales –The Seller’s obligations under each Proforma Invoice shall not commence until that conditions have been satisfied:
- The Buyer signs and stamps each Proforma Invoice received and send back to the Seller
- The Buyer transfer the payment due according to the Proforma Invoice received for each order.
- Contract cancellation. To cancel a Contract, you must inform us in writing at least 3 days before shipment.
- Warranty. The Seller undertakes to remedy any defective operation of the products which originates from a defect in materials or workmanship, provided however that Seller’s obligation shall not apply if :
- the products have not been maintained according to Seller’s instructions, or absent said instructions, according to the most common practice in the relevant field,
- defective operation results from improper storage conditions
- defective operation results from non compliance with Seller’s instructions for installation or energizing
- All warranties are also excluded for normal wear-and-tear of the products, damage or accidents owing to insufficient monitoring of the products or use thereof which is non-compliant with their purpose and/or the Seller’s instructions and, more generally, for any incident for which the Seller is not liable.
- The warranty may not apply if changes or additions are made to the products by the Buyer without the Seller’s express agreement.
- Returning Products. Authorization and shipping instructions for the return of any Products must be obtained from Seller before returning the Products. When return is occasioned due to Seller error, full credit including all transportation charges will be allowed.
- Environmental regulations. The Buyer undertakes to assume responsibility, on the one hand, for the collection and removal of waste originating from the EEE subject to the sale and, on the other hand, for their processing and recycling. The Buyer’s failure to comply with these obligations may lead to the application, among other sanctions, of the criminal sanctions provided for by each member state of the European Union
- The Seller reserves the right to make any changes at any time, in particular in respect of the format, shape, colour, dimensions or materials, to the products, representations, descriptions and specifications of which are set forth in its catalogues and prospectuses.
- Force Majeure Event
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Content property. All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files are property of ELMARK. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to ELMARK, provided that you keep all copyright or other proprietary notices intact.
In using this Site, you agree:
- not to use or attempt to use another's account, service or system without authorization from ELMARK, or create or use a false identity on this Site;
- not to divulge your username and password to others either on or off the Site;
- not to attempt to obtain unauthorized access to the Site
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
Limitation of Liability
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ELMARK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT OR SERVICES CONTAINED ON THE SITE, OR ACCESSIBLE THROUGH THE SITE RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Applicable Law & Jurisdiction
All contractual agreements between the Seller and the Buyer shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.
The legal language is Bulgarian. Although the Sller offers an English language version of the website content and Terms & Conditions, these translations are provided for the Buyer's convenience only.