The General Terms and Conditions of Business apply to all sales and deliveries made by Fivex Eco Ltd.
GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY, AND INSTALLATION OF GOODS
FIVEKS ECO Ltd., Bulgaria, Sofia, 91 Pirin St.
Applicability of the General Terms and Conditions
These General Terms and Conditions govern all relationships related to the sale and delivery of goods and/or services provided by “Fivex Eco” Ltd. (hereinafter referred to as the “Seller” or “Fivex”), unless otherwise agreed upon by the parties in an explicit written agreement .
Upon issuance by the Seller of an order, order confirmation, contract, offer to accept, or other written document containing the terms of the specific transaction, the information contained therein shall be deemed accepted and binding on the Client (Buyer/Contracting Party), unless the latter files a reasoned written objection within 3 (three) calendar days of receipt.
All contracts and orders shall be signed by the Client, when required by the parties or by the nature of the specific transaction. When signing is done remotely, it may be done via electronic signature or the document may be sent by email, scanned.
Unless otherwise expressly agreed, the order takes effect upon payment of the agreed-upon or specified advance payment in accordance with the terms of the relevant contract, order, or offer.
In cases where the Seller has issued a pro forma or invoice based on a submitted offer or order, and the Customer has made a payment— whether partial or in full—such payment shall be deemed an unequivocal acceptance of the offer and the conclusion of a contract between the parties; the signing of an explicit written contract or order by the Customer is not required, unless otherwise required by law or by an explicit written agreement between the parties.
Offers, Acceptance, Payments, and Financial Terms
Offers prepared by the Seller are for informational purposes only and do not constitute a binding offer to enter into a contract, unless expressly stated otherwise therein.
The delivery dates, quantities, dimensions, weight, volume, technical specifications, images, samples, and other data are approximate, unless the parties have expressly agreed in writing that they are binding. The samples and specimens provided serve solely as a guide regarding the type, quality, and characteristics of the goods.
When the parties have agreed on the purchase of a specific quantity of goods within a specified period, and the Buyer fails to accept the agreed-upon quantity within that period, the Seller shall have the right, at its discretion:
• to invoice and demand payment for the unaccepted quantity, when provided for in the contract;
• to terminate the contract in whole or in part;
& bull; to claim compensation for all damages suffered and lost profits in accordance with applicable law.
All expenses, damages, bank fees, storage costs, default interest, and other adverse consequences arising from delayed or non-payment by the Buyer shall be borne by the Buyer, to the extent permitted under applicable law.
Upon the occurrence of circumstances that reasonably give rise to doubt regarding the Buyer’s solvency or financial stability, including current or prior delays in fulfilling other obligations to the Seller, the initiation of insolvency or liquidation proceedings, or other objective indications of increased credit risk, the Seller shall have the right, unilaterally:
• to require advance payment or the provision of appropriate security;
•& nbsp; suspend the fulfillment of ongoing deliveries;
• refuse to fulfill or terminate, in whole or in part, unfulfilled orders.
In such cases, the Buyer shall have no grounds or right to claim damages, lost profits, or other compensation, unless such claim arises from a mandatory provision of law.
Title to the delivered goods shall pass to the Buyer only after full payment of all amounts due for the respective delivery, including the price, agreed interest, penalties, expenses, and other payments due.
In the event of a delay in payment, the Buyer shall owe the Supplier a penalty in the amount of 0.08% (zero point zero eight percent) of the overdue amount for each calendar day of delay until final payment; for individual consumers, no more than 30% of the amount due, as well as compensation for all additional damages and expenses incurred, when these exceed the amount of the accrued penalty and are admissible under the law .
In the event of failure to meet the agreed payment deadline, the Seller shall have the right to declare all its non-due receivables under the contracts concluded with the Buyer as due and payable immediately, as well as to revoke all granted trade discounts, bonuses, or other price preferences, unless the parties have agreed otherwise in writing.
Acceleration of Payment, Acceptance of Goods, and Refusal to Accept
All of the Seller’s receivables that have not yet become due under an agreed installment payment plan shall become due and payable in full upon the commencement of insolvency, liquidation, or reorganization proceedings against the Buyer, upon the occurrence of a delay in payment due, including under other orders or relationships, or amounts owed to a third party related to the Seller, as well as upon the occurrence of other circumstances which, under the law, trigger the early maturity of obligations.
Installment payment of the sales price is permitted only when expressly agreed in writing and specified in the contract, purchase order, invoice, or other written document issued/signed by the Seller.
The Buyer is obligated to inspect the delivered goods immediately upon receipt, and when objectively necessary—no later than 3 (three) calendar days of delivery—and must immediately notify the Seller in writing of any apparent discrepancies, kratkoages, defects, or other non-conformities with the contract.
If no written objection is filed within the specified period, the goods shall be deemed accepted without objection as to their type, quantity, completeness, and obvious defects, and the Buyer shall lose the right to subsequently invoke such nonconformities, except in the cases provided for by applicable law.
In the event of an unjustified refusal by the Buyer to accept the agreed-upon goods, the Seller shall have the right, at its discretion, to:
• demand performance of the contract;
• terminate the contract unilaterally by written notice;
• claim a contractual penalty in the amount of 50% (fifty percent) of the total agreed-upon price of the refused goods, without this limiting the Seller’s right to seek compensation for damages suffered, where such damages exceed the amount of the penalty and this is permitted by law.
The Seller has the right to set off the penalty due against any advance payments, deposits, guarantees, or other security provided by the Buyer, without prejudice to its right to claim payment of the remaining amount due.
Prices and Special Orders
Prices confirmed by the Seller are valid only for the purchase of the quantities specified in the relevant offer, contract, or order confirmation.
Sales prices are considered definitively agreed upon and binding only when expressly confirmed in writing by the Seller. In the absence of written confirmation, the prices listed in the Seller’s current price list, valid as of the date of delivery.
For goods manufactured or delivered to order for the Buyer, including products made to individual specifications, non-standard items, promotional products, or other goods not included in the current price lists of the Seller or its suppliers (including OSMO, Bauwerk, Weitzer, and Timberwise), the Seller is entitled to deliver a quantity that differs by up to ±10% (plus or minus ten percent) from the originally ordered quantity, when this is necessitated by the manufacturing process, technical requirements, or the manufacturer’s conditions.
In such cases, the Buyer is obligated to accept and pay for the quantity actually delivered at the agreed unit price; such a difference shall not be considered a breach of contract and shall not give rise to a right of withdrawal, termination of the contract, a price reduction, or a claim for compensation.
Complaints, Acceptance of Goods, and Place of Performance
The filing of a complaint, objection, or other claim by the Buyer does not relieve the Buyer of the obligation to accept the delivered goods when there are no grounds for refusal under the law, nor of the obligation to make the agreed-upon payments within the agreed-upon , unless the parties have expressly agreed otherwise in writing or applicable law provides otherwise.
Until the complaint has been fully reviewed and resolved, the Buyer is obligated to store the goods with the care of a prudent merchant, under conditions appropriate to their type, intended use, and the manufacturer’s instructions, and to prevent their damage, alteration, or use beyond what is necessary to establish the alleged lack of nonconformity.
Claims regarding obvious defects and flaws, missing items, quantity, completeness, shipping damage, or other nonconformities of the delivered goods shall be accepted only if made in writing within 8 (eight) calendar days of receipt and before the goods are processed, assembled, installed, used, or otherwise utilized.
Objections regarding the content of an issued invoice are accepted only if made in writing within 8 (eight) calendar days of its receipt.
Upon expiration of the specified time limits, in the absence of a duly filed written complaint, the delivered goods and the issued accounting documents shall be deemed to have been finally accepted and approved by the Buyer, except in cases where applicable law provides otherwise.
The place of performance of all obligations under the contracts concluded between the parties is the Seller’s registered office, unless the parties have expressly agreed otherwise in writing.
The risk of accidental loss or damage to ordered/purchased goods passes to the Buyer upon their handover, as evidenced by a handover protocol or other document to that effect, or, respectively, from the day following the Seller’s notification or invitation that the goods are available in its warehouse and ready for delivery.
QUALITY OF MATERIALS – SOLID AND MULTILAYER ENGINEERED HARDWOOD FLOORING, FLOORING, DECKING, AND FACADE CLADDING
The solid and multilayer engineered hardwood flooring, flooring, decking, and facade cladding (hereinafter collectively referred to as “wood products”) offered by the Seller are manufactured from natural wood sourced from sustainably managed forests. If necessary, the Seller may provide information regarding the certificates of origin and sustainable forest management held by the respective manufacturers.
The quality of the wood products complies with the applicable European standards, the technical specifications and product documentation of the respective manufacturer, as well as the regulatory requirements in effect in the country of manufacture.
Natural wood is a natural material whose physical and aesthetic characteristics are distinguished by their individuality and uniqueness. Therefore, it is normal for individual pieces to vary in structure, texture, grain, knots, density, shade, color, and other natural characteristics.
When exposed to natural or artificial light, ultraviolet (UV) radiation, temperature, humidity, and other environmental factors, wood naturally changes its color and shade over time. Such changes may occur either across the entire surface of the product or unevenly, including in areas that have been covered for a long time by rugs, furniture, or other objects.
The use of high-quality varnishes, oils, and other protective coatings can only limit or slow down the process of color change, but cannot prevent it entirely.
All natural variations in color, structure, texture, grain, knots, as well as subsequent color changes resulting from the natural properties of the wood or from normal environmental exposure, are characteristic features of the natural material and are not considered a manufacturing defect, a nonconformity of the goods, or grounds for a claim, unless otherwise provided by applicable law.
DECKING/FACADE CLADDING
Decking and facade cladding are manufactured from natural wood and therefore possess all the characteristic properties of this natural material. Differences in structure, texture, color, grain, density, knots, and other natural characteristics are inherent to wood; they lend individuality to each element and do not constitute a manufacturing defect or nonconformity of the product.
Despite the high quality of the manufacturing process, it is possible that certain sections of the profiles may exhibit a rougher surface , traces of machining, less thorough sanding, or local rough spots, due to the natural structure of the wood. These characteristics are inherent to the manufacturing process and do not constitute grounds for a complaint.
In coniferous wood species, including larch, pine, spruce, and Douglas fir, natural resin seepage may occur on the surface. This is a characteristic property of the wood and does not constitute a manufacturing defect.
Wood treated by pressure impregnation may temporarily take on a greenish tint and a specific odor due to the protective impregnating agent used. Over time, under the influence of atmospheric conditions, these characteristics gradually diminish or disappear.
In thermally modified wood, the manufacturing process causes changes in its physical and mechanical properties, including a decrease in elasticity and an increase in brittleness. Consequently, surface or end cracks may form both before and after installation. Such cracks are a natural characteristic of the material and, in and of themselves, do not significantly affect its strength, load-bearing capacity, performance, or durability.
Depending on the wood species, the material’s origin, and the manufacturing technology, not all profiles allow for the use of hidden installation systems. For certain wood species, including Cumaru, only visible installation systems may be applicable, in accordance with the manufacturer’s technical instructions.
Different wood species vary in their natural color range and intensity of coloration. Significant differences in color and shades between individual elements are permissible, which emphasize the natural character of the material and do not constitute a defect or grounds for a claim.
Under the influence of sunlight, ultraviolet (UV) radiation, precipitation, temperature changes, humidity, and other atmospheric factors, wood naturally changes its color, structure, and surface appearance. Even with factory treatment or subsequent treatment with oils and other protective coatings, these processes cannot be completely prevented, but only limited or delayed.
The number, size, location, and shape of knots are determined entirely by the natural growth of the tree. Sound knots are a characteristic feature of natural wood and are not subject to restriction, unless the manufacturer has specified a particular grading class.
Wood is a hygroscopic material that constantly exchanges moisture with the environment. As a result, natural variations in linear dimensions—including thickness and width—may occur due to shrinkage and expansion caused by changes in temperature and relative humidity. Dimensional deviations of up to 10% are permissible when they are due to the natural properties of the material and operating conditions.
All characteristics described above represent natural properties of the wood or production-related features and are not considered manufacturing defects, nonconformities of the goods, or grounds for a claim, unless otherwise provided by applicable law.
WARRANTIES
The Seller warrants that the delivered parquet flooring, engineered hardwood flooring, floorboards, decking, facade cladding, and other natural wood products comply with the technical specifications, the quality standards of the respective manufacturer, and the applicable European standards as of the date of delivery.
When installation is performed by the Seller or by a contractor approved by the Seller, the Seller guarantees the high-quality performance of the installation work in compliance with regulatory requirements and the manufacturer’s instructions.
For natural wood products, manufacturing or visual deviations of up to 5% of the total quantity delivered, which constitutes a generally accepted manufacturing tolerance. If a recognized manufacturing defect exceeding this percentage is identified, the Seller, at its discretion, shall replace the defective items, deliver equivalent products, reduce the price, or reimburse the value of the defective products.
The warranty covers only manufacturing defects in the product that existed at the time of delivery or that became apparent during the warranty period under normal use and in compliance with all instructions from the manufacturer and the Seller.
The warranty does not apply to defects or damage caused by:
• failure to follow the instructions for transportation, storage, acclimatization, installation, operation, cleaning, and maintenance;
• an unsuitable, damp, unstable, or poorly constructed subfloor or screed, including residual construction moisture, delamination, cracking, or deterioration of the screed;
• improper operation of the floor heating or cooling system, failure to comply with technical requirements, including the mandatory preheating cycle, permissible temperatures, and the manufacturer’s instructions;
• improper storage, transportation, or acclimatization of the product;
• mechanical impacts, blows, scratches, abrasive particles, dragging furniture, lack of protective pads, high-heeled shoes, pets, construction activities, or other external influences;
•
water, leaks, condensation, flooding, construction moisture, atmospheric conditions, steam cleaners, wet cleaning, or other sources of excessive moisture;
• use of chemicals, chemicals, or cleaning agents not recommended by the manufacturer;
• failure to maintain the necessary operating conditions, including relative humidity outside the recommended range, lack of heating, insufficient ventilation, or an unsuitable indoor microclimate;
• natural aging of the wood, normal wear and tear of the finish, as well as natural changes in color, structure, texture, luster, dimensions, geometry, the formation of gaps, cracks, knots, mineral streaks, and other natural characteristics of the wood;
• covering the flooring with non-vapor-permeable materials, using tape, self-adhesive strips, protective films, or other materials that may damage the surface;
• sanding, polishing, repairing, restoring, or otherwise mechanically treating the flooring without the Seller’s prior written consent;
• installation of components with visible defects, as such installation shall be deemed final acceptance by the Buyer;
• use of products for purposes other than their intended use, as well as for “second-choice,” “Best Value,” sample, clearance, or other products, which are expressly stated to be sold without a standard warranty.
The warranty is valid only for the original Buyer and is not transferable. For installed products, the warranty applies only when the installation has been performed by the Seller or by a contractor approved by the Seller, and all technical and documentary for the acceptance of the base and the performance of the installation have been met. In the case of installation by a third party, no claims will be accepted for visible defects in already installed components.
When reviewing complaints, the quality assessment is conducted in accordance with applicable European standards and technical specifications, including CEN/TS 15717, as well as the manufacturer’s instructions.
If a complaint is upheld, the Seller determines the method of resolution, including repair, replacement with an identical or equivalent product, a price reduction, or a refund of the value of the defective product.
The provision of warranty service does not result in the commencement of a new warranty period and does not extend the original warranty period.
The Seller’s liability is limited to the value of the delivered product and does not cover costs for disassembly, reinstallation, transportation, lost profits, consequential damages, or other resulting damages, unless otherwise provided by applicable law.
These General Terms and Conditions do not limit the Buyer’s statutory rights, which are granted to them by mandatory provisions of applicable law.
The Buyer is obligated to allow the Seller to inspect the goods before any repair, processing, disassembly, or replacement is performed. If this obligation is not fulfilled, the Seller has the right to refuse to honor the warranty claim.
Wood is a natural material that changes in size depending on temperature and humidity. The appearance of gaps, shrinkage, expansion, microcracks, changes in structure, knots, or color—when resulting from the natural properties of the wood—does not constitute a manufacturing defect and is not grounds for a claim.
Changes in the color, shade, structure, or luster of the wood resulting from its natural aging, use, exposure to light, UV rays, or technologies based on tannin reactions (including smoking, reactive staining, etc.) do not constitute a manufacturing defect and are not grounds for a claim, regardless of the extent of the change. Stains, discoloration, and other damage caused by chemicals, mechanical impact, or improper maintenance are not covered by the warranty.
The warranty for installed hardwood flooring is valid only when the installation is performed by the Seller or by a contractor approved by the Seller, in accordance with the manufacturer’s instructions and provided that the required technical and acceptance . In the absence of such documentation, warranty claims will not be considered.
Defects or damage caused by improper transportation, storage, acclimatization, installation, operation, cleaning, or maintenance; unusual or excessive loading; damage caused by dropped objects (cracks, chips, flaking, or scratches) that are clearly visible from a normal upright position at a minimum distance of 1.50 m without direct light; micro-scratches and signs of normal wear and tear; damage caused by objects with sharp edges or points, furniture, chairs with wheels, vacuum cleaners, cleaning machines, pets, toys, or other mechanical impacts; changes in the color, texture, or luster of the wood due to its natural aging or exposure to light and UV rays; water, condensation, leaks, flooding, high humidity, or hydrostatic pressure; an unsuitable, damp, or improperly prepared subfloor; the use of cleaning agents, chemicals, waxes, soaps, abrasives, or other products not recommended by the manufacturer; excessive moisture or improper cleaning; failure to promptly remove spilled liquids or dirt; direct exposure to sun light, high temperatures, or staining substances; “second-grade,” special, or promotional products; hidden defects in the plywood substrate that cannot be detected during manufacturing; as well as sanding, polishing, or other mechanical processing of products with a factory-applied finish, or improper or untimely maintenance of oiled flooring.
REQUIREMENTS FOR PARQUET INSTALLATION
Parquet installation must be performed only on a dry, sound, level, and suitable subfloor. The permissible residual moisture content of the subfloor is up to 2.3% CM for cement-based screed (1.5% CM with underfloor heating), up to 0.5% CM for anhydrite screed (0.3% CM with underfloor heating), or as specified by the manufacturer.
Before installation, all wet construction processes must be fully completed, heating and HVAC systems must be operating under normal operating conditions, pipes should be thermally insulated, and the risk of condensation should be eliminated. If there are installations in the floor, their routes should be marked in advance.
At least 48 hours prior to installation and throughout the entire installation period, the temperature in the rooms should be maintained between 18–25°C and the relative humidity at 50%; delivery should be arranged under conditions that do not adversely affect the moisture content of the parquet.
Before installation, the parquet must be acclimated according to the manufacturer’s instructions; for solid parquet, this period must be no less than 14 days, unless the manufacturer specifies a different timeframe.
When installing on plywood or OSB, the moisture content of the subfloor must not differ by more than 4% from the moisture content of the parquet.
Installation must be performed in strict accordance with the manufacturer’s technical instructions and recommendations.
Failure to comply with these requirements will void the warranty.
MAINTENANCE (HARDWOOD FLOORING)
For optimal performance of hardwood and plank flooring, the room temperature should be maintained between 18–25°C and the relative humidity at 50%. Wood is a natural material, and even when these conditions are maintained, minimal seasonal shrinkage and expansion . The appearance of gaps within generally accepted technical standards does not constitute a manufacturing defect or grounds for a claim. To maintain the recommended humidity, humidifiers may be used during the heating season, a dehumidification function during periods of high humidity, and monitoring with a hygrometer. Do not place humidifiers directly on the hardwood floor!
For cleaning and maintenance, use only products recommended by the manufacturer. The use of unsuitable cleaning agents, abrasive products, or excessively wet cleaning can damage the finish and void the warranty.
Spilled water or other liquids should be removed immediately. It is recommended to use doormats at entrances and near wet areas, to vacuum regularly with a soft brush attachment, to place protective felt pads under furniture, using protective pads on office chairs with wheels, and avoiding shoes with thin, hard heels, as well as dragging heavy objects without proper protection.
The manufacturer’s instructions regarding the method, means, and frequency of maintenance must be strictly followed, especially in public and high-traffic areas.
OTHER TERMS
The seller shall not be liable for any failure to perform or delay in performing its obligations due to force majeure, including, but not limited to: strikes, lockouts, war, blockades, restrictions on transportation or shipping, fires, natural disasters, accidents, kratkoages of raw materials, actions by government authorities, import or export bans, and other circumstances beyond its reasonable control or that of its suppliers. In such cases, the Seller has the right to suspend performance, extend the performance deadline, or terminate the contract in whole or in part, without being liable for compensation.
Upon prior agreement, the Seller shall store the purchased goods free of charge for up to 30 (thirty) calendar days.
Upon expiration of this period, a storage fee of 0.50 EUR/m² (including VAT) will be charged for each month or portion thereof, as well as all additional storage costs.
If the agreed-upon start date for installation is postponed for reasons beyond the Seller’s control, installation shall be completed within 40 (forty) business days after written notification of the site’s readiness, in accordance with the Seller’s organizational schedule.
At the customer’s request, prior to the conclusion of a contract, the Seller may conduct an on-site inspection for a fee of 100 EUR, including VAT, which serves as a deposit and is fully deducted from the value of a subsequent order placed within 30 (thirty) calendar days of the inspection.
The Buyer may not unilaterally cancel a confirmed order or return delivered goods, except in cases of an upheld complaint or where provided for by applicable law. Advance payments are non-refundable, except in cases where this is expressly provided for by applicable law. Title to the goods passes to the Buyer upon full payment of all amounts due.
All prices are ex-warehouse at the Seller’s facility in Sofia, located at 1A Prof. Ivan Georgov St., unless the parties have agreed otherwise. The costs of transportation, loading and unloading, and other related services are borne by the Buyer, unless otherwise agreed. Delivery to the specified address does not include unloading and is carried out provided that access for a cargo vehicle is ensured. The Buyer shall provide the necessary personnel for unloading. Any delay of the vehicle due to due to reasons attributable to the Buyer shall be charged according to the current price list.
Installation prices are valid for sites within the city of Sofia. For sites located more than 15 km from the city’s administrative boundaries, additional transportation costs will be charged, and, if necessary, daily allowances, lodging, and other travel expenses.
The Seller has the right to update its price lists and delivery terms. Such changes do not affect goods already delivered or deliveries already completed. If, after the conclusion of the contract, objective circumstances arise that lead to an increase in performance costs—including changes in taxes, fees, customs regulations, transportation costs, exchange rates, manufacturer prices, or other factors beyond the Seller’s control, the Seller shall have the right to adjust the agreed-upon price. Installation prices may also be adjusted in the event of a change to the current price list, a modification of the terms of performance, or a failure by the Buyer to provide a work site.
Upon completion and acceptance of the installation work, the Seller’s obligation regarding the protection of the installed flooring shall be deemed fulfilled. The Seller assumes no obligation to cover, protect, or provide subsequent protection for the parquet flooring from construction and installation work, finishing work, or other impacts occurring after the completion of installation. All risks and responsibility for the protection of the flooring after its acceptance shall be borne by the Buyer.
TERMS FOR RETURNING GOODS
Returns of goods are permitted only with the prior written consent of the Seller and provided that all of the following conditions are met:
• the request is made within 8 (eight) calendar days of the delivery date;
• the goods are in their original, undamaged, and unopened packaging;
•&
nbsp; the minimum quantity for a return is 10 packages of a single item;
• the item is part of the current price list and is not a special-order, promotional, or custom-made product;
• no full or partial advance payment has been made for the goods under a special order;
•& nbsp; the goods have been delivered at the Buyer’s expense to the Seller’s warehouse in Sofia, and all transportation, customs, and other costs associated with returning the goods to the manufacturer shall be borne by the Buyer.
Upon approval of the return, the Seller shall issue a credit memo in the amount of the sales price, reduced by 30%, as well as all transportation, customs, and other actual expenses incurred in returning the goods to the manufacturer, when such expenses exceed 30% of the sales price.
These terms and conditions do not limit the rights of consumers under the Consumer Protection Act, which take precedence in the event of a conflict.
By submitting a purchase order, the Buyer confirms that they have read, understood, and accepted the general terms and conditions for the sale, delivery, and installation of goods, the data sheets, and the installation instructions published at the following web address: www.phivex.com, which constitute an integral part of all contracts for purchase, delivery, and/or installation.
BUYER: FIRST ime , BULSTAT, LAST ime, AND SIGNATURE:
This policy aims to ensure the protection of individuals’ data by Fivex ECO Ltd., hereinafter referred to as the “Controller.” All terms used in this document have the meanings assigned to them in Regulation (EU) 2016/679 of the European Parliament (General Data Protection Regulation—GDPR/ GDPR).
Personal Data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a ime, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Data Subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
Processing
Processing means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction. Restriction of processing means marking stored personal data to limit its future processing.
Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to the natural person’s performance at work, economic situation, health, interests, reliability, behavior, location, or movements.
Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific natural person without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
Recipient
A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, whether or not that body is a third party. However, public authorities that may receive personal data in the context of a specific investigation in Union or Member State law, are not considered recipients; the processing of such data by these public authorities is in accordance with applicable data protection rules and in line with the purposes of the processing.
Third Party
A third party is a natural or legal person, public authority, agency, or body other than the data subject, the controller, and persons who, under the direct authority of the controller or the processor, are authorized to process personal data.
Consent of the Data Subject
Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, by which the data subject, through a statement or clear affirmative action, indicates consent to the processing of personal data relating to him or her.
Purposes of Data Processing
We collect and process personal data provided to us in connection with the use of our website and online store, including for the following purposes:
is the conclusion and performance of a contract with a business partner or customer and its administration. In certain cases, the purpose of the operation may also be to protect the company’s legitimate interests in the performance of the transaction. Given the limited scope of the personal data collected and the fact that some of it is collected from publicly available , it is not necessary to conduct a data protection impact assessment for this processing activity.
store to purchase goods and receive newsletters upon request. Provision of contact information for the delivery of purchased goods. Given the limited scope of the personal data collected, it is not necessary to conduct an impact assessment for this processing activity.
the process of sending newsletters to customers who have indicated that they wish to receive them. Given the limited scope of the personal data collected, it is not necessary to conduct a data protection impact assessment for this processing activity.
to manage the process of shipping purchased goods to customers. Given the limited scope of the personal data collected, it is not necessary to conduct a data protection impact assessment for this operation.
events and games, and to send prizes from completed games. Given the limited scope of the personal data collected, it is not necessary to conduct a data protection impact assessment for this processing operation.
to contact the individual for the purpose of a request for delivery of a product that is currently out of stock. Given the limited scope of the personal data collected, it is not necessary to conduct a data protection impact assessment for this operation.
accounting and statistical purposes,
services, registration in mobile apps or on websites, warranty period, service notifications. Fostering contact with consumers and/or business customers, email marketing, market research, personalizing the experience by presenting products and offers.
and store personal data for the purpose of protecting its legitimate interests, as well as to fulfill its obligations to the National Revenue Agency (NRA), the National Social Security Institute (NSSI), the Ministry of the Interior (MoI), and other state and municipal authorities.
The Controller does not collect or process sensitive personal data, except in cases provided for by law: for example, to determine fitness for work, in certain cases we are required to request a medical certificate and a criminal record check. Such personal data may also be collected and processed for the payment cash benefits in the event of illness, job placement, and maternity leave. The Data Controller does not collect sensitive personal data other than those for which I have a legal obligation.
The Data Controller does not collect or process personal data revealing racial or ethnic origin; reveal political, religious, or philosophical beliefs, or membership in labor unions; genetic and biometric data, data concerning health, or data concerning a person’s sex life or sexual orientation.
Personal data is collected by the Controller directly from the individuals to whom it relates. The Controller does not engage in automated decision-making based on data. The Controller does not collect or process data regarding individuals under the age of 16, except with the explicit consent of their parents or legal guardians.
Categories of Data Subjects and Legal Bases for Data Processing
In the course of its activities, the Controller interacts with the following categories of data subjects:
the registers of the Registry Agency
potential users
relationships with the Controller.
In accordance with the needs of its operations, the Controller collects and processes the following categories of personal data:
password for logging into our website (if required), user’s IBAN – for refunding applicable amounts in the event of complaints and/or contract termination.
on our websites.
The Data Controller processes general personal data and information for the following purposes and on the following grounds:
The data is processed for the purpose of and on the basis of the conclusion and performance of a distance contract concluded between the Company and the user, and on the basis of the Accounting Act, the Consumer Protection Act, and others, including when exercising the right of return, exchange, or cancellation of a purchased item. Personal data is collected directly from consumers via specially developed order management software and is stored electronically for a period of 10 years, effective January 1 of the year following the year in which the relevant legal relationship arose, pursuant to Article 12, paragraph 1, item 2 of the Accounting Act. Upon expiration of the retention period, and provided there are no documents subject to transfer to the State Archives, all data storage media from the registry are destroyed using an appropriate method, including the deletion of backup electronic copies. Data from Social Media Profiles (publicly available information from your profiles on Google+, Facebook, and Instagram). The data is collected for the purpose of contacting the user and sending information to them, for the purposes of registering for participation in a game, a raffle, a campaign, etc., as well as for marketing activities, based on the Controller’s legitimate interest. Legal basis for processing your personal data — Your data for registering for our events, games, campaigns, etc., is processed based on your explicit consent.
The Controller entrusts the processing of personal data to individuals employed under an employment contract. The rights and obligations of the individual data processors are specified in the relevant job opisanie.
For security reasons, when you visit our offices or stores, data may be recorded via video or other electronic, digital, or wireless surveillance devices or systems (e.g., a video surveillance system).
Consent:
The controller maintains records of data collected based on the data subject’s consent and, for each instance, can demonstrate that the consent given was:
By accepting the terms and conditions and registering with the online store, placing an order without registration, or entering into a a written contract, a contractual relationship is established between the Administrator and you, on the basis of which we process your personal data. Your data for the purpose of sending a newsletter is processed on the basis of your explicit consent.
The Administrator maintains documentation (in paper or electronic form) regarding the consent given for the purpose of providing evidence to the competent authorities. The Administrator ensures that consent can be withdrawn at any time as easily as it was given.
Provision of Personal Data
The controller ensures that personal data is not disclosed to unauthorized third parties, including family members, friends, government agencies, or even investigative authorities, if there is reasonable doubt that such disclosure is not required by established procedures. All employees/ staff members must exercise caution when asked to disclose stored personal data about another individual to a third party. It is important to consider whether or not the disclosure of the information is related to the needs of the organization’s operations. All requests from third parties for the provision of data must be supported by appropriate documentation, and all such disclosures of data must be specifically authorized by the Data Protection Officer.
Outside the organization, the Controller provides data to the following counterparties: Public authorities—the National Revenue Agency (NRA) and the National Social Security Institute (NSSI). Other entities that process personal data as required by business operations, such as: courier or freight forwarding companies; accounting firms; and IT companies that maintain the Controller’s websites, email platform, and information system.
The transfer of personal data may also take place when: the transfer is necessary for the conclusion or performance of a contract, concluded in the interest of the data subject between the Controller and another natural or legal person; the transfer is necessary for important reasons of public interest; the transfer is necessary for the establishment, exercise, or defense of legal claims; the transfer is necessary to protect the vital interests of the data subject or of other persons where the data subject is physically or legally incapable of giving consent; the transfer is made from a register which, under EU law or the law of the Member States, is intended to provide information to the public and is accessible to the public in general or to any person who can demonstrate a legitimate interest, but only to the extent that the conditions for access established by Union law or the law of the Member States are met in the specific case.
Data Retention and Destruction
The controller shall not retain personal data in a form that allows for the identification of data subjects for longer than is necessary in relation to the purposes for which the data were collected.
The controller may store data for longer periods only if the personal data will be processed for archiving purposes, for purposes in the public interest, and for statistical purposes, and only if appropriate technical and organizational measures are implemented to safeguard the rights and freedoms of the data subject.
Personal data will be securely destroyed in accordance with the principle of ensuring an appropriate level of security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, by applying appropriate technical or organizational measures.
Security Measures
The Controller ensures appropriate technical and organizational security measures for the data being processed. All employees/staff of the Controller are responsible for ensuring the security of the data for which they are responsible and which they collect, as well as for ensuring that the data is stored securely and is not disclosed under any circumstances to third parties, unless the Controller has granted such rights to that third party through a contract that includes a confidentiality clause. All personal data must be accessible only to those who need it, and access may be granted only in accordance with established access control rules.
Data Protection Principles
The Controller carries out all processing of personal data in accordance with the data protection principles set forth in Article 5 of Regulation (EU) 2016/679. The Controller’s policies and procedures are designed to ensure compliance with these principles. Personal data is processed lawfully, fairly, and transparently. Lawfully—with an identified legal basis. Fairly— The Controller provides the necessary information to data subjects to the extent practicable. This applies regardless of whether the personal data is obtained directly from the data subjects or from other sources. All data collection forms (electronic or paper-based) , including data collection requirements in new information systems, must include a statement regarding processing in good faith.
Transparent – At any time, the Controller may provide summarized, concise, and understandable information via its website or by other means accessible to data subjects regarding:
Purpose Limitation
Personal data shall be collected only for specific, explicitly stated, and legitimate purposes and shall not be further processed in a manner incompatible with those purposes. Further processing for the purposes of archiving in the public interest, for scientific or historical research or for statistical purposes is not considered, pursuant to Article 89(1), to be incompatible with the original purposes (“purpose limitation”)
Data Minimization
Personal data must be adequate, relevant, and limited to what is necessary for the purposes for which they are processed, in accordance with the principle of data minimization.
The controller does not collect information that is not strictly necessary for the purpose for which it was obtained.
Accuracy: Personal data must be accurate and kept up to date at all times, and reasonable efforts must be made to ensure that it can be promptly (within the limits of available technical solutions) to delete or correct it.
The data stored by the controller must be reviewed and updated as necessary. Data is not stored if there is a likelihood that it is inaccurate. The Data Protection Officer is responsible for ensure that all staff are trained on the importance of collecting accurate data and maintaining it. The Data Protection Officer is responsible for ensuring that appropriate procedures and policies are in place to maintain the accuracy and currency of personal data, taking into account the volume of data collected, the rate at which it may change, and other relevant factors.
At least on an annual basis, the Data Protection Officer will review the retention periods for all personal data processed by the controller, based on the data inventory, and will identify any data that is no longer required for the purposes of the registered . This data will be securely destroyed in accordance with the controller’s procedures and rules.
The Data Protection Officer/Data Protection Manager is responsible for complying with requests for data rectification within one month. This period may be extended by an additional two months for complex requests. If the controller decides not to comply with the request, the Data Protection Officer must respond to the data subject to explain the reasons and inform them of their right to file a complaint with the supervisory authority, and to seek legal redress.
The Data Protection Officer is responsible for taking appropriate measures in cases where third-party organizations hold inaccurate or outdated personal data, to inform them that the information is inaccurate or outdated and must not be used for decision-making regarding individuals, to inform the relevant parties, and to forward any corrections to personal data to third parties where necessary.
Storage Limitation: Personal data must be stored in a form that the data subject can be identified only for as long as is necessary for the processing.
When personal data is retained beyond the date of processing, it will be stored in an appropriate manner (minimized) to protect the data subject’s identity in the event of a data breach.
Personal data will be retained in accordance with the Data Retention and Destruction Procedure, and once their retention period has expired, they must be securely destroyed in the manner specified in that procedure.
The Data Protection Officer must specifically approve any retention of data that exceeds the retention period defined in the Data Retention and Destruction Procedure and must ensure that the justification is clearly defined and complies with the requirements of data protection legislation . This approval must be in writing.
Rights of Data Subjects
The controller shall ensure that data subjects have a practical means of exercising the rights granted to them by Regulation 2016/679:
The controller has internal procedures for receiving, review, and respond within one month to requests from individuals to exercise their rights as data subjects and to establish an organization for their practical implementation.
Data Breach Notification: In the event of a personal data breach, the Controller shall, without undue delay and, where feasible, & mdash; no later than 72 hours after becoming aware of it—shall notify the Commission for Personal Data Protection (CPDP), as the supervisory authority for the Republic of Bulgaria competent pursuant to Article 55, of the personal data breach, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. The notification to the supervisory authority shall include the reasons for the delay if it is not submitted within 72 hours.
The notification shall contain at least the following:
Where and to the extent that it is not possible to provide the information at once, the information may be provided in phases without further undue delay.
The Controller shall document any personal data breach, including the facts relating to the personal data breach, its consequences, and the actions taken to address it.
Privacy Policy Statement
The Controller’s management is committed to ensuring compliance with EU and Member State legislation regarding the processing of personal data and the protection of the “rights and freedoms” of individuals whose personal data the Controller collects and processes in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679).
Regulation (EU) 2016/679 and this policy apply to all personal data processing activities, including those involving the personal data of customers, employees, suppliers, and partners, as well as any other personal data that the organization processes from various sources.
This policy applies to all employees and partners of the Data Controller, including external suppliers. Any violation of the General Data Protection Regulation will be treated as a breach of employment discipline, and in the event of a suspected criminal offense, the matter will be referred to the relevant state authorities for review as soon as possible.
Partners and third parties who work with or for the Administrator, as well as those who have or may have access to personal data, will be expected to familiarize themselves with, understand, and comply with this policy. No third party may have access to personal data stored by the Administrator without first entering into a data confidentiality agreement that imposes on the third party obligations no less stringent than those undertaken by the Administrator and that entitles the ADMINISTRATOR to conduct verify compliance with the obligations imposed by the agreement.
Cookies
The website www.phivex.com uses system “cookies.” “Cookies” are text files, which are stored on a computer system via a web browser. The cookies used on WWW.PHIVEX.COM are necessary for the proper functioning of the website. The data subject may at any time prevent the setting of “cookies” “ at any time by adjusting the settings of the web browser being used and thereby permanently disabling the setting of ”cookies." In addition, cookies that have already been set can be deleted at any time via a web browser or other software programs. This is possible with all popular web browsers. If the data subject disables the “cookie” setting " in their web browser, not all features of our website may be fully usable.
Sofia, May 17, 2018
Natural luxury hardwood floors, three-layer and figured hardwood floors, solid wood facades and decking
91 Pirin Street, Sofia, Bulgaria