Terms and Conditions

I. General provisions:

Please read carefully these GENERAL CONDITIONS for the sale of products by using the website www.espressivoclub.com before making a purchase.

The site (e-shop) is the property of Red Pro Ltd. and hereinafter referred to as the SITE.

Red Pro Ltd. is a limited liability company, registered under the Commercial Law of the Republic of Bulgaria under UIC (BG)205434771, having its seat in the city of Elhovo, Republic of Bulgaria and administrative address: Yambol Province, city of Elhovo, Rila str., 17.

These General Terms and Conditions define the relationship between the supplier – Red Pro Ltd. and the consumers – buyers of products offered on the SITE, when purchased through a means of distance communication, without physical contact between the parties.

The SITE provides an opportunity to buy – quickly and conveniently, the products selected by the user, which will be delivered to the address specified by the user in the respective country.

In case that you do not agree with the TERMS, please do not use the SITE to make purchases.

The Provider reserves the right at any time to change these GENERAL TERMS at his own discretion. The modified GENERAL TERMS shall enter into force immediately and become binding on the USER from the moment of their publication on the SITE.

Use of the SITE services may be for personal / non-commercial purposes only. The use of the Services for any other purpose will not be binding on the provider nor the consequences thereof.

With these GENERAL TERMS, you agree to receive emails with important information about your order or your profile in the site and to receive information about future changes, promotions and commercial activities.

II. Dispute resolution, applicable law and competent court:

In case of a dispute between a consumer and Red Pro Ltd., arising out of or related to these Terms and Conditions, their implementation, validity or termination, the parties will make all reasonable effort to resolve it amicably, through negotiations and mutual concessions. Failing to reach an agreement within one 6 weeks of the occurrence of the dispute, the dispute may be referred for settlement to the competent Bulgarian court in Sofia.

If any provision of these Terms and Conditions is declared by the authority competent to decide disputes, void, invalid or unenforceable, the other provisions of these Terms and Conditions and the rights and obligations of the parties, arising therefrom, shall remain in full force and effect. The provisions, either null and unenforceable ab initio, or later cancelled owing to their voidability, will be considered to have never formed a part of these Terms and Conditions and, will be replaced by mandatory rules of law or practice and custom.

These Terms and Conditions have been drawn up and will be interpreted in accordance with the Bulgarian legislation which is considered as applicable to all the relations originating from.

III. Copyright:

The content on the SITE – information, data, resources, services, text, pictures, graphics – is the property of Red Pro Ltd. and / or its partners and suppliers, and is copyrighted right. No part of this SITE may be reproduced in any form whatsoever, for any purpose whatsoever and in any media or computer media without the express written consent of Red Pro Ltd. and / or its supplier partners. Any unauthorized use of the content will be interpreted as a violation of the Copyright and Related Rights Act, the Trademarks and Geographical Indications Act and other applicable laws of the Republic of Bulgaria. The news on this SITE, as well as the published image material, are for your personal information only. Their use beyond this meaning as publication, reproduction, any form of commercial use, as well as retransmission to third parties in full, partial or revised form without the knowledge and approval of Red Pro Ltd. is prohibited.

IV. Products:

The SITE offers the USER the opportunity to buy products online / to enter into distance contracts for the products specified therein. The site provides a wide selection of products with detailed descriptions and pictures.

The products offered for sale through the SITE are the original product of the trade mark indicated on them.

The products have the ordinary characteristics of the type of goods to which they belong, according to their intended purpose. If a particular item has a specific or specific characteristic, this is explicitly stated when presented.

There may be some differences (shades) in the colors of the photo of the products presented on the site and the actual (real) colors of the product. If there is such a difference, it is not deliberately created, but is entirely the result of imperfections in the reproduction process. For the same reason, there may be details that cannot be found or difficult to identify in the photo.

The price of the products is stated at the time of presentation and includes all taxes and fees without shipping cost. For more information on shipping please refer to our shipping policy Shipping.

V. Privacy and privacy statement:

1.      Principles and types of processed personal data:

Red Pro Ltd. is an administrator of personal data within the meaning of Regulation (EU) 2016/679 (the “Regulation”). In the processing of personal data, the company complies with all the principles relating to the processing pursuant to Article 5 (1) of the Regulation, as well as all applicable data protection regulations, including in such a way as to ensure an adequate level of security of data protection, personal data as well as protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, by applying appropriate technical and organizational measures.

Personal data should be understood to mean any information that relates to a consumer – a physical entity and through which he or she can be identified. Processing of personal data is any action or set of actions that can be performed in relation to personal data by automatic or other means.

Red Pro Ltd. uses cookies on the site for which the company does not collect or process personally-identifiable information.

In order to fulfill Section VII of these General Terms and Conditions, as well as enter into or perform bond relations with Red Pro Ltd., the Company may process and store the following personal data of consumers – individuals, namely: Name, Last name, Password, Address, Email, Phone number

The above list is comprehensive and the volume of personal data processed can be reduced according to the specificity of the different cases. Red Pro Ltd. will process the data specified by the user in order to fulfill its own contractual obligations, and in this regard may also store the payment or delivery methods. For more information on your privacy please refer to our privacy and cookies policy Privacy.

2.     Purpose and time of processing:

Red Pro Ltd. processes the personal data of physical entities – users under the previous point or part of this data solely for the purpose of fulfilling its contractual obligations and more precisely processing the user’s request, performing the relevant delivery as well as for the following purposes:

·        Pre-contractual relations on a legal basis Art. 6 (1) (b) of the Regulation. Processing is used for pre-contractual relations.

·        Performance of bond (contractual) obligations on a legal basis Art. 6 (1) (b) of the Regulation. Processing serves to fulfill obligations under existing contractual relationships.

·        Non-personalized advertising on legal grounds Art. 6, para. 1, letter “a” and art. 7 of the Regulation. The processing is for the USER to receive non-personalized advertising.

·        Personalized advertising on a legal basis Art. 6, para. 1, letter “a” and art. 7 of the Regulation. Processing is for the USER to receive personalized advertising.

·        Personalized evaluation of information on a legal basis Art. 22, para. 2, letter “c”, art. 6, para. 1, letter “a” and art. 7 of the Regulation. The processing serves for a custom evaluation of the consumer;

·        Marketing on the legal basis of Art. 6, para. 1, the letter “e”. The processing serves to achieve the legitimate interests of Red Pro Ltd. in regarding the development of its commercial activity.

·        Retargeting on a legal basis Art. 6, para. 1, the letter “e”. Processing serves to achieve the legitimate interests of Red Pro Ltd. regarding marketing or optimization purposes.

Consumer information about the purchasing behavior, as well as the personal data mentioned in the previous point, will be processed by Red Pro Ltd. for the period during which the account of the individual – consumer on the site is active, as well as in the one year after its deactivation, regardless of the method of deactivation.

In order to effect any delivery of Red Pro Ltd. reserves the right to transmit or transfer the personal data described above or part of it thereof to licensed postal operators – couriers. In this case, the user may receive SMS or email notifications or calls directly from the licensed postal operator.

3.     Rights of the user – a subject of personal data, as well as the ways of their realization:

·        Right of access to information – The user has the right to request from Red Pro Ltd. information about the processed and stored personal data, as well as their origin, recipients or categories of recipients to whom they are transmitted, and the purpose of the processing. This right shall be exercised in accordance with this paragraph by a request in free text, submitted personally by the personal data subject or in a manner allowing Red Pro Ltd. to identify clearly and accurately the identity of the applicant.

·        Right to withdraw consent – The user who has consented to the processing of his or her personal data may at any time withdraw it in full or for a specific purpose for the forward processing without giving any reasons. This right shall be exercised in accordance with the procedure provided for in this point or through the appropriate technical possibilities when using the site and the user account.

·        Right of rectification – In case the personal data or part of it processed by Red Pro Ltd. is incorrect, each user can correct it in his user account or ask the company to correct it. This right shall be exercised in accordance with the procedure provided for in this point or through the appropriate technical possibilities when using the site and the user account.

·        Right to “be forgotten” – The consumer has the right to request from Red Pro Ltd. under the hypotheses of Art. 17 (1) of the Regulation deletion of personal data processed by the company. Deletion can be done at any time in the order provided for in this point or through the appropriate technical capabilities when using the site and user account. This right excludes the data necessary for the fulfillment by Red Pro Ltd. of its legal obligation, including such data required for accounting purposes.

·        Right to portability of personal data – In case the user requests from Red Pro Ltd. transfer of his personal data to him or to another data administrator and if technically possible , the company will transmit or transfer this personal information to the user or other administrator in a structured, widely used and automated reading format. This right shall be exercised in accordance with this paragraph by a request in free text, stated personally by the data subject or in a way allowing Red Pro Ltd. to identify unequivocally and accurately the identity of of the applicant.

·        Right of objection – The consumer has the right at any time and without giving any reason to object to the processing of data for direct marketing purposes. It should be borne in mind that the objection to all or some of the processes or purposes of processing may be limited or no longer possible to fulfill the contractual relationship. This right shall be exercised in accordance with the procedure provided for in this point or through the appropriate technical possibilities when using the site and the user account.

·        Right of complaint – If the user has complaints about the processing of personal data, he or she can contact Red Pro Ltd. in the order provided for in this point in order to eliminate irregularities. In case the user considers that his / her legal rights in relation to the processing of personal data have been violated, he / she may refer the Data Protection Commission / CPDP / of the Republic of Bulgaria.

·        Extended rights in relation to automated processing of personal data and profiling – As for automated processing including profiling, the user has, in addition to the above rights, the additional right to request human intervention from Red Pro Ltd. and appeal the automated solution. This right shall be exercised in accordance with the procedure provided for in this point or through the appropriate technical possibilities when using the site and the user account.

Unless otherwise provided for the specifics of each of the above rights, the consumers in the exercise of their rights should send to Red Pro Ltd. all their applications, requests, complaints, notifications or correspondence by e-mail sale@espressivoclub.com or by post to the following address: Republic of Bulgaria, Yambol Province, city of Elhovo, Rila str., 17. If the site allows part of the above rights may also be exercised technically by pressing the corresponding electronic button, such as. “unsubscribe”.

The data regarding the exercise of the above rights will be kept by Red Pro Ltd. to resolve this case. The Company will delete the data retained in this regard after the storage is no longer necessary or will limit the processing if there are legal obligations for storage or processing.

In the lawful exercise of the rights under this item by the consumer Red Pro Ltd. will take an opinion or take appropriate actions in connection with the exercise of these rights immediately, but not later than 30 (thirty) days from the exercise of the specific right.

4.    Personal data without which the company cannot operate:

For the purposes of the fulfillment of the contract and the creation of a client account, when completing an application for initial registration, it is absolutely necessary that Red Pro Ltd. receive from the user the following personal data: name, last name, email, address, telephone number.

5.     Security of personal data:

Red Pro Ltd. undertakes adequate technical and organizational security measures and the most comprehensive protection of the personal data of each user against unwanted access. Red Pro Ltd. also uses SSL protocol to process or provide information provided by the user to prevent or at least limit the possibility of misuse of the data by third parties. This is proven by the status of the user’s browser and more of that symbol padlock is locked and address bar starts with “https”.

Red Pro Ltd. does not transfer the processed personal data to third parties except for the purpose of processing the requests and rather delivering the ordered products.

6.     Persons processing and processing personal data outside the EU:

Red Pro Ltd. may use third parties (external) legal or physical entities processing personal data for the above purposes of processing personal data. Personal data administrators process personal data on the assignment of Red Pro Ltd. and are obliged to the company to comply with the current provisions for the protection of personal data. All data administrators are carefully selected and have access only to data required for the provision of the services, to the extent and time period required or to the extent that the user has consented to the processing and use of the data. In case of Red Pro Ltd. selects personal data administrator in non-EU countries that do not have a recognized high level of personal data protection the company will guarantee adequate protection of personal data through contractual provisions or other appropriate legal instruments.

Personal data may be made available to state or municipal authorities, such as administrative control authorities or prosecutions only to the extent permitted by law.

7.     Consent to the processing of personal data:

By the act of registering a user account, confirming such an existing registration or by clicking on the “I agree with your website terms and conditions” button located on the website https://espressivoclub.net/cart/ it will be considered that the user has given his express written consent to the processing and transfer of his personal data for the following specific purposes:

·        Receive non-personalized advertising by regularly receiving information and advertising about current products, services, prize games, promotions and customer surveys by email, mail or other technical way;

·        Receive electronic notifications by regularly receiving information and advertising about current products, services, prize games, promotions and customer surveys by email or other appropriate electronic means;

·        Receive personalized advertising by regularly receiving user-friendly information and advertising on current products, services, prize games, promotions and customer surveys via email, mail or electronic programs. The personalization is done by evaluating the consumer’s consumption data based on his purchasing behavior, his participation in the promotions, and the use of the site. For this purpose, Red Pro Ltd. can process all user data without combining it with other user information.

·        Receive user-relevant and personalized business offers via email, mail or other technical way. For this purpose, consumers’ consumption, data based on their purchasing behavior, their participation in advertising campaigns, as well as the use of the site may be subject to analysis and forecast of the consumer’s interests. Participation in marketing surveys by email, mail or other technical ways.

VI. Limitation of Liability:

Red Pro Ltd. does its best to maintain accurate and up-to-date information on the SITE, without excluding the possibility of incidental inconsistencies or omissions. In this regard, the company is not responsible for any discrepancies in the colors or photos caused by the technical characteristics of your device. It is not responsible for the consequences, including any damages, caused by or related in any way to the access, use or inability to use this SITE. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Red Pro Ltd. is not responsible for the information (including its completeness and authenticity) contained in other sites to which this SITE contains links.

In particular:

1.      Red Pro Ltd. is not responsible for damages, lost profits or other expenses, resulting from a consumer’s breach of a Distance contract or consumers’s breach of these Terms and Conditions.

2.     Red Pro Ltd. is not responsible for any errors that may appear on the Website for any reason, including those caused by changes, adjustments, etc., which are not carried out by the administrator of the Website and are beyond the will and control of the company.

3.     Red Pro Ltd. is not responsible for the actions of any person using the content in a way other than that provided for through the Website.

4.    Red Pro Ltd. is not responsible for any damages (direct, indirect, incidental or not) occurred as a result of the use or inability to use the information relating to the type of content accessible on the Website or for any errors, inaccuracies or non-conformities in the Content, which can lead to damage.

5.     If consumers find that the Content sent to them in any manner by Red Pro Ltd., infringes upon their copyright or that of a third party, or upon any other intellectual property right, they shall immediately notify the company.

6.     Red Pro Ltd. does not warrant that the customer will have access to the Website, the Content, their Profiles or the Online store and shall not grant the customer with a right to download, to modify (in whole or in part) or to reproduce the Content (in whole or in part), to copy or to use the Content in any other way, or to transfer any rights to third parties, relating to Content to which they have or have acquired access under the terms of these Terms and Conditions.

7.     Red Pro Ltd. shall not be responsible for the Content, for the quality or nature of other websites accessed through Internet hyperlinks from the Content of the Website, no matter the type of hyperlinks. The Content of these websites is borne fully by their owners.

8.     By using the Website, the Content or the Services, the customer is personally responsible for all the consequences that may occur from his/her behaviour and the interaction with the Website, except when in accordance with these Terms and Conditions or the applicable Law for consumer protection such liability is carried by Red Pro Ltd. Furthermore, the consumers are responsible for any damage and moral prejudice caused by their acts or omissions to any element of the Website, the Content or the use of the Services, including the Purchase, when such damage or moral prejudice is caused on objects of intellectual property of Red Pro Ltd.

VII. Conditions for concluding a contract – registration:

You can register (initial registration) in order to buy from the SITE or shop as a guest without registration. Once registered, you can change your details in the Profile section. You can change your shipping address from there or at the time of order in your cart panel.

The company is an administrator of personal data in the meaning of Regulation (EU) 2016/679, which guarantees that the personal data provided at the conclusion of the contract will not be used for purposes other than the purpose of their provision.

In order to be eligible to execute valid purchase orders for the products offered on the SITE, the User must:

To fill in the correct on-line form, located on the SITE. When filling in the form, the USER is obliged to provide complete and correct data about his / her identity and other data required by the electronic form, as well as to update them within 7 days after their change.

The user guarantees that the information provided during the registration process is correct, complete and accurate and, when the latter is changed, will update them in a timely manner. In the event that the user provides incorrect, incomplete or inaccurate data, or the subsequent changes in the specified terms have not been reflected therein, the company is not responsible for the incorrect execution of the contract and also has the right to suspend the registration without delay and without notice as well as user account access.

Prior to placing an order, the user is free to correct the information entered by him in the registration form.

VIII. Conclusion and execution of the contract:

By clicking on a button that explicitly states “I agree with your website terms and conditions” located on the website www.espressivoclub.com it is deemed that you accept and agree to these Terms and Conditions.

The ordering of the products cannot be done without a prior acceptance of these General Terms and Conditions, which is carried out as indicated above – by pressing the button “I agree with your website terms and conditions”.

You can order the selected goods by adding them to your cart and clicking the “Check Out” button. On the order page, fill in your details:

Names, shipping address, telephone number, email address;

Choose a payment method;

When providing incorrect data, the customer loses the right to receive the order.

After you fill in your details and choose a payment method place the order. When you place an order in online store – www.espressivoclub.com the company may refuse the order in case of lack of certain material and the differences of the colors or other technical obstacles. In this case the company notifies the consumer. In case the order is accepted by the company you will receive a confirmation of the order at the e-mail address specified by you, informing you of the successfully accepted order. The order shall be implemented and shipped to the consumer not longer than 7 business days within the confirmation of the order, unless is specified otherwise for certain product, customization, etc.

By confirming the order from the company, it is considered that the order has been made and the contract for the purchase of the selected goods has been concluded.

IX. Consumer protection:

The consumer can cancel their order before it is ready for delivery, by call or email. The consumer has the right, without owing compensation and without giving a reason, to withdraw from the contract and return the received goods within 14 days from the day of receipt. The right of withdrawal may be exercised by the consumer against us by unilateral unambiguous written will or by the model of Appendix 6 to the Consumer Protection Act presented below. The document should be duly completed, signed by the user and brought to our knowledge by sending the document to the following address: Republic of Bulgaria,Yambol Province, city of Elhovo, Rila str., 17.

In case that you cancel your order, we will refund to you all payments received from you in connection with the order without shipping cost and without undue delay and in all cases, but not later than 14 days from the date of receipt of the cancellation notice under the condition that the provided goods have been sent and received by us within the same time limit. We may withhold payment to the consumer on cancellation of the transaction, solely until we have received the goods or until you have duly provided evidence that the goods were sent back to us, whichever is the earlier. . You must bear the direct freight costs of returning the goods to the following address: Republic of Bulgaria,Yambol Province, city of Elhovo, Rila str., 17. In case of refusal, the goods must be returned in their original and unbroken original packaging. and unused. If these conditions are not met, we reserve the right to refuse to accept the returned goods and not to refund the amount paid by you.

Appendix No. 6 to the CPA:

Standard form for exercising the right of withdrawal:

(fill out and submit this form only if you wish to cancel the contract)

– To: Red Pro Ltd., with seat in the city of Elhovo, Yambol Province, Republic of Bulgaria and administrative address: city of Elhovo, Rila str., 17.

– I hereby inform / notify you that I am waiving / waiving the contract concluded by me / us for the purchase of the following goods: ………………………………………………………………

– Ordered to / received on: ………………………………………………………………………………………………….

– User name (s): ……………………………………………………………………………………

– User / s address: ………………………………………………………………………………….

– Date: …………………………..

– User / s signature: …………………………………….

X. Legal guarantee:

With respect to each consumer within the meaning of § 13, item 1 of the Consumer Protection Act, there is a legal guarantee for compliance of the goods with the sales contract for a period of two years. In case of non-compliance of the consumer goods with the sales contract, the consumer has the right to file a claim within the period referred to in the previous sentence, asking the seller to bring the goods in compliance with the sales contract.

XI. Prices and payment methods:

The final price of the order is the total amount of the prices of all the ordered products, with the. All prices are in the respective currency including all taxes and are not subject to change from the time of ordering until the time of payment.  For more information on payment methods please refer to our shipping policy Payment.

XII. Shipping and delivery:

In case that Red Pro Ltd. cannot fulfill the placed order because of the reason that the goods are not available at the moment of the order the company is obliged to notify the consumer for the eventual delay via phone or email. In case that Red Pro Ltd. cannot fulfill the placed order because of the reason that the goods are not available at all, the company is obliged to notify the consumer for the impossibility to implement the order via phone or email and to refund within 14 days in case payment has been made.

Order execution may be delayed for any of the following reasons:

·        Lack of availability of the ordered goods or the materials that they are produced of;

·        Wrong or incomplete delivery address or telephone number for contacting the User.

In rare cases, the insufficient availability of the requested products may result in delayed or delayed delivery, with the consumer being notified by a company employee of the delay by telephone, SMS or email. Red Pro Ltd. does not explicitly guarantee the availability of the goods at the time of order completion.

Red Pro Ltd. uses only licensed postal operators – couriers for all its deliveries. By agreeing to the terms of service, the customer also agrees to the terms of delivery.

XIII. Final provisions:

Red Pro Ltd. reserves the right to make changes to the Website, its structure, the Content and the Services without prior notice to the Clients.

Red Pro Ltd. has the right at any time in its sole discretion to unilaterally amend these Terms and Conditions. Red Pro Ltd. may, but shall not be obliged to inform the Clients about upcoming amendments to these Terms and Conditions in other ways, for example by sending e-mail messages.

 

 

 

 

 

These Terms and Conditions were adopted 01.08.2022.