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General terms and conditions of sale and delivery

All sales and deliveries of Celluma executed by Taboo Beauty Bulgaria are subject to these terms and conditions, unless modified or supplemented by written agreements.

1. Conclusion of contract

The contract is considered to be concluded when the buyer has completed the order in full and has pressed the button “Order subject to payment”.

2. Scope and delivery

2.1 The order confirmation shall be authoritative for the scope and execution of the delivery. Material or services not listed therein may be invoiced separately.

2.2 Information and illustrations in printed matter, technical documents such as descriptions, drawings, brochures and the like are not binding.

3. Technical documentation / software

3.1 The technical data can be found in the documents. Taboo Beauty Bulgaria reserves the right to deviate from them if this proves to be expedient during execution.

3.2 Taboo Beauty Bulgaria reserves all rights, in particular the property rights and copyrights to all technical documents. These documents may neither be copied nor duplicated, nor brought to the attention of third parties in any way, nor used for the manufacture of the product or components thereof. 

3.3 Taboo Beauty Bulgaria grants the Customer an irrevocable, non-exclusive license for the use of programs for computers, microprocessors and other data processing and control equipment (software) supplied with or after delivery, to which the provisions of the software license agreement apply. These programs remain the property of Taboo Beauty Bulgaria and may only be used for its equipment and may not be copied or otherwise duplicated without written consent.

4. Prices

4.1 Unless otherwise stated, the prices are in Euro, including transport to the recipient’s address, customs costs and VAT are borne by the buyer. These will be collected upon delivery.

4.2 Prices with annual discounts according to current framework agreements are marked by a corresponding reference on the offer or order confirmation and invoice, provided that the discount can be calculated at the time of document creation.

5. Terms of payment

5.1 The Customer’s obligation to pay shall be deemed to be fulfilled only after receipt of the purchase price and any ancillary claims, provided that the amount paid is at LM’s free disposal.

5.2 Taboo Beauty Bulgaria reserves the right to charge default interest in the amount of Euro 20.00 per month in the event of late payment 30 days from the due date. The payment of interest on arrears does not cancel the obligation to pay in accordance with the contract.

5.3 Taboo Beauty Bulgaria reserves the right to conduct a credit check for private customers.

5.4 The payment dates shall also be observed if transport, delivery, assembly, commissioning or acceptance of the delivery is delayed or made impossible for reasons for which Taboo Beauty Bulgaria is not responsible.

6. Retention of title

The delivery remains the property of Taboo Beauty Bulgaria until full payment of all claims. The Customer is obligated to cooperate in measures required to protect Taboo Beauty Bulgaria’s property. Taboo Beauty Bulgaria reserves the right to have the retention of title registered independently.

7. Delivery time

7.1 Delivery deadlines are specified by Taboo Beauty Bulgaria on the basis of the stock and procurement conditions prevailing at the time of their determination. If these conditions change significantly, Taboo Beauty Bulgaria is entitled to set new delivery dates.

7.2 The delivery period shall commence on the day of receipt of the order, however, at the earliest after receipt of definitive information on the execution and clarification of all technical details of the ordered goods and any agreed advance payment. The delivery period shall be deemed to have been met if the delivery has been handed over to the carrier upon its expiry.

7.3 The delivery period shall be extended appropriately

  • in case of subsequent modification of the order,
  • in the event of unforeseen obstacles such as force majeure, official orders, transport or supplier-related delays.
  • in case of non-compliance by the customer with the contractual obligations, in particular with the agreed terms of payment.

7.4 The Customer shall not be entitled to any compensation or termination of the contract due to late delivery, unless otherwise agreed in writing in advance.

8. Export

The deliveries are intended for use in Bulgaria. Exports to other countries may only be made with the written consent of Taboo Beauty Bulgaria. This applies in particular to products which are subject to an export ban by the Bulgarian government.

9. Testing and acceptance of the delivery

9.1 Insofar as is customary, each delivery shall be inspected prior to shipment. If the customer requires further inspections, these must be agreed in writing and paid for by the customer.

9.2 The Customer shall notify Taboo Beauty Bulgaria in writing of any recognizable defects immediately upon receipt of the delivery. 

9.3 The Customer must inspect the delivery within 14 days of receipt or, if the commissioning of the system is carried out by Taboo Beauty Bulgaria, within 14 days of completion of the work and notify Taboo Beauty Bulgaria of any defects in writing without delay. If the Customer fails to do so, the delivery shall be deemed to have been accepted.

10. transfer of benefit and risk

Benefit and risk shall pass to the Customer – subject to express written agreements to the contrary – at the latest upon dispatch of the delivery ex works, even if the delivery is made carriage paid, CIF, FOB, under a similar clause or including assembly. If the shipment is delayed or made impossible for reasons for which Taboo Beauty Bulgaria is not responsible, the delivery will be stored at the Customer’s expense and risk upon notification of the Customer.

11. Return

The customer has the right to return the undamaged and unused goods in their original packaging free of charge (postage to be paid by the customer) for a period of 14 days. The return is to be made the town of Dobrich, 9300, “Khan Kardam” Street, No. 3. In case of return of a product by Taboo Beauty Bulgaria, the Buyer must confirm in writing that the products have been stored correctly and faultlessly according to the manufacturer’s instructions.

12. transportation and insurance

12.1 Unless otherwise agreed, shipping shall be at the expense and risk of the Customer. In the absence of special instructions, the shipment deemed most advantageous to Taboo Beauty Bulgaria will be chosen. 

12.2 Taboo Beauty Bulgaria must be notified in good time of any special requests regarding shipping and transport.

12.3 Consignments with any transport damage shall be accepted with reservation and the carrier concerned shall be notified immediately.

12.4 Additional insurance against damages of any kind shall be requested by the Customer and shall be at the Customer’s expense.

13. Installation 

Unless expressly included in the price, installation shall be at the customer’s expense. The charging rates valid at the time of delivery shall apply in each case. 

14. Warranty

14.1 LM undertakes to repair or replace as quickly as possible, at its option, all parts which demonstrably become defective or unusable as a result of poor material, faulty design or poor workmanship.

14.2 Replaced parts shall become the property of Taboo Beauty Bulgaria.

14.3 During 12 months, the warranty shall cover, on the one hand, the replacement of the defective parts free of charge, including transport there and back, packaging and insurance and, on the other hand, labor and expenses of the service personnel (including travel time, travel expenses, accommodation and meals, etc.). After the expiration of 12 months, the warranty covers only the replacement of the defective parts, labor and expenses of the service personnel will be invoiced.

14.4 The warranty period shall commence on the day of delivery to the End Customer or after commissioning by Taboo Beauty Bulgaria, but no later than 60 (sixty) days after delivery by Taboo Beauty Bulgaria to the End Customer. A shortening of the warranty period is usually stated in the offer. The reference in the offer or order confirmation to the purchase of a used item shall be deemed to be a reduction to the statutory minimum period.

14.5 Taboo Beauty Bulgaria shall not be liable for damage caused by normal wear and tear, improper handling, inadequate maintenance, disregard of operating instructions, excessive use or other reasons for which Taboo Beauty Bulgaria is not responsible. Furthermore, Taboo Beauty Bulgaria rejects any warranty and liability if the Buyer himself or through unauthorized third parties and without the written consent of Taboo Beauty Bulgaria carries out repairs or modifications to the Object or uses spare parts not specified by Taboo Beauty Bulgaria.

14.6 Transport damages as well as consumables such as batteries, accumulators, light bulbs and fuses as well as the execution of readjustments according to the instructions for use are not covered by the warranty.

14.7 Any further claim of the Buyer due to defective delivery or subsequent delivery or rectification pursuant to Article 14.1, in particular for damages and termination of the contract, shall be excluded. The warranty for the delivery shall in particular not include any assurance for its commercial usability or for its suitability for a specific purpose. Subsequent costs, such as work to be repeated by the customer, are not covered by the warranty.

14.8 Taboo Beauty Bulgaria shall assume a warranty for third-party deliveries only within the scope of the warranty provisions of the sub-supplier (or manufacturer).

14.9 Taboo Beauty Bulgaria is not obliged to provide warranty as long as the Buyer is in default with the performance of its contractual obligations.

15. Liability

Taboo Beauty Bulgaria is liable for the delivery in accordance with the contract within the scope of the warranty. Any liability for direct or indirect damage (in particular loss of profit and claims of third parties) resulting from the non-fulfillment of contractual obligations of Taboo Beauty Bulgaria or from the operation or operational standstill of the products and parts delivered by Taboo Beauty Bulgaria is expressly excluded.

16 Applicable law and place of jurisdiction

16.1 Bulgarian law shall apply.

16.2 The place of performance and jurisdiction for the Customer is the town of Dobrich, 3 Khan Kardam str, 9300, Bulgaria. However, our company also has the right to sue the Customer at the Customer’s domicile.

Dobrich, October 16, 2023

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