General terms
General Terms and Conditions for the provision of services for the online store www.poohy.cy
Please read these Terms and Conditions carefully before using this website. If you use this website, you are deemed to accept and agree to the stated General Terms and Conditions. If you DO NOT ACCEPT these terms, do not use this website! Update date: 24/08/2022
Ι. OBJECTIVE
Article. 1 (1) These General Terms and Conditions govern the relationship between users of the electronic (Internet) pages and services located on the website www. poohy.cy, its subdomains and our pages on Instagram and Facebook (referred to as the "website" for short) and apply to customers (referred to as "You", "Buyer", "Customer" " "User" for short) who have access to the Website or our social network page that we manage. (2) For customers, legal entities (hereinafter referred to as "Merchant"), using the services and products offered on the Website, the General Terms and Conditions are informative, as the terms of contracts concluded with commercial companies are negotiated individually between the seller and the buyer.
Article. 2 By selecting any item, link or button located on our Website, you accept and agree to comply with all provisions of these Terms and Conditions when using the Website.
II. SELLER DETAILS
Article. 3 « Down Comfort», registered in the Commercial Register with unique identification code (UIC) 204854911, with registered office and management address: city of Plovdiv, Rodopi 108, floor 1, office 3, and represented by Milen Ganzurov (for short below " Distributor", "Seller", "Site", "We"), manages and administers the website www.poohy.cy - an online store that offers the conclusion of a distance purchase and sale contract in accordance with these General Terms and Conditions.
Article. 4 You can contact "Down Comfort" in the following way:
(1) by phone: +357 96 235153
(2) by email: cristina@poohy.eu
(3) by letter to the address: city of Plovdiv, Rodopi 108, floor 1, office 3 , Bulgaria
(4) via the contact form on the website.
ΙΙΙ. DEFINITIONS
Article. 5 (1) "Customer" / "User" - any natural person who uses the Website in any way, including browsing it and or purchasing a product or service by submitting an order on the Website.
(2) "Customer - merchant" - any legal person or other legal entity that uses the Website in any way, including browsing it and or purchasing a product by ordering on the Website.
(3) The "Seller" is "Down Comfort" (Down Comfort Sole Proprietorship)
Article. 6 "Account" / "Profile" - a section of the website, formed by an email address and a password, which allows the Customer to use the services of the Website, in cases where an account is required for their use.
Article. 7 "Website" - means a website located at the following web address: www.poohy.cy
IV. GENERAL PROVISIONS
Article. 8 The general terms and conditions of "Down Comfort" are mandatory for all users and customers of the Website.
(1) Any use of the Website means that you have carefully read the General Terms and Conditions and have agreed to them.
(2) The general terms and conditions may be changed unilaterally by "Down Comfort" at any time. These changes are effective immediately and are binding on all customers and users of the Website.
(3) In any case of change to the General Terms and Conditions, "Down Comfort" informs customers and users about the publication of the changes on the Website, in this sense, you as users are obliged to check for possible changes to the general terms of the website each time you use it.
Article. 9 Η "Down Comfort" clarifies that the images of some products are indicative, therefore the delivered products may differ from the images.
Article. 10 The characteristics or prices of the products described on the Website may change at any time.
Article. 11 All goods, including those on offer, are sold and delivered while stocks last, even if this is not expressly stated on the Website.
Article. 12 The Website may contain links to other websites. The Website is not responsible for the privacy policy of websites that it does not manage, as well as for other information they contain.
V. CONTRACT SUMMARY
Order placement
Article. 13
(1) The User declares his/her desire to order/purchase goods through the Website by submitting an order online, and this is possible with or without a profile registered on the Website.
(2) The User has the right, if he/she has reached the age of 18, to order all goods and services listed on the Website, unless they are unavailable and only if according to the law the User can conclude binding contracts.
(3) When submitting the order through the Website, the User has the right to choose the type, brand and model of the goods and their quantity, in accordance with the options offered on the Website. It is possible that the system will require you to select other characteristics (for example, color) if the selected products have different variations.
(4) After selecting the products you want from the website, as well as their quantity, you should click on the “Submit Order” button.
(5) Before completing the order, you will be given the opportunity to choose the payment method and delivery terms. You will also be required to provide data without which the contract cannot be fulfilled, such as name, delivery address, telephone and email, and invoice details in case you want an invoice.
Order confirmation
Article. 14 The Website will send a notification to the user about the recording of the order in our system, which has the meaning of acceptance, confirmation and commitment to its execution.
Article. 15 The sales contract concluded between the Customer and the Seller consists of these General Terms and Conditions and any additional agreements between the Seller and the Buyer.
VI. ONLINE SALES POLICY
Article. 16 Access to the Website for the purpose of placing an order is permitted to any customer. If he/she so wishes, the Customer may register on the Website.
(1) The Website reserves the right, at its sole discretion, to restrict any customer’s access to placing an order and/or to any of the possible payment methods, if it considers that this would be detrimental to the Website or the Seller in any way. In this case, the Customer’s only right is to contact the “Customer Service” department of the Website via the contact form or the methods listed in Section II of these General Terms and Conditions in order to be informed of the reasons for the restriction. The Website is not liable for any damages that the customer has suffered or may suffer as a result of this decision, regardless of its correctness or validity.
(2) The customer has the right to publish opinions about goods and/or services, as well as to communicate with the Website at the addresses specified in the "Contact" section. Comments or messages containing vulgar or inappropriate language will be removed from the website or will not be responded to.
Article. 17 Orders through the website www.poohy.cy are accepted 24 hours a day and 7 days a week
Article. 18 ll prices of goods and/or services on the Website are final, in euros, and include VAT and all other taxes and fees.
Article. 19 Payment methods & charges
In case of payment by card, Stripe or other similar electronic payment systems, payment by bank transfer or payment by card via a virtual POS terminal, the seller is not responsible for any costs arising from bank charges, commissions or other additional charges imposed by the buyer or his issuing bank in the context of the transaction, as well as for any currency conversion charges applied by the card issuing bank, in cases where the currency differs from the euro.
Article. 20 By sending the order, the Customer allows “Down Comfort” to contact him in any possible way, when this is necessary regarding the order submitted or the concluded Contract.
Article. 21 The Seller has the right to refuse to fulfill (i.e. cancel) the order placed by the Customer, in which case the Seller is obliged to inform the Customer.
Article. 22 Cancellation of the order does not entail any liability or subsequent obligation of either party to the other in relation to it, and therefore neither of them has the right to request compensation from the other for its cancellation in the following cases:
• non-acceptance by the issuing bank of the Customer/User of the transaction for electronic payment.
• execution of the financial transaction, which does not lead to the crediting of funds to the seller's account
• the data provided by the customer/user on the Platform is incomplete and/or incorrect.
VII. DELIVERY, PAYMENT AND CANCELLATION/RETURNS
Delivery
Article. 23 Order Cancellation & Payment
Cancellation of the order does not entail any liability or subsequent obligation of either party towards the other and, therefore, neither party is entitled to claim compensation in the following cases:
• Non-acceptance of the electronic payment transaction by the customer/user's issuing bank.
• Execution of a financial transaction that does not result in the funds being credited to the seller's account.
• Provision of incomplete and/or incorrect information by the customer/user when placing the order.
• Failure to complete payment via card or electronic payment system (Stripe).
In all of the above cases, the order is automatically considered invalid without further obligations for the seller.
Article. 24 The Website has the right to set free delivery for the Customer in case of an order over 150 euros for orders in Cyprus. This will be stated and visible on the Website and when submitting the order
Article. 25 Down Comfort" reserves the right to confirm the order before shipping. If it does not receive confirmation from the Customer, the Seller may refuse to ship the products.
Delivery time
Article. 26 Due to the unique nature of each of our products, they are manufactured to order and we need from 1 to 5 business days. The delivery time is from 7 to 10 days for Cyprus. For areas that are classified as "hard to reach" by the courier, this time may vary.
Delivery delays may occur during peak periods or winter due to weather conditions and during promotional periods (such as Black Friday, Christmas, New Year, Easter and others...). The delivery time of orders may be extended and also depends on the courier's workload at that time.
After receiving each order, Poohy.cy contacts the Customer by phone - to confirm the order. The package will not be shipped until we receive the order confirmation from the customer.
We also offer a 15-days trial period if the product does not meet your needs. For all other products, you have the right to return within 15 days from the date of receipt, provided that the product is in excellent condition, without signs of use and in its original packaging. Learn more about how to return or exchange a product HERE.
If you want an invoice, you must enter your details as a comment when ordering. If you did not enter your details when ordering, you can do so via the contact form or by calling +357 96 235153.
Payment
Article. 27 Prices and payment methods
(1) The prices of products and services announced on the Website are final, include VAT, as well as all legal taxes and fees in accordance with the applicable legislation.
(2) Payments for orders are made in the following way:
• Bank Transfer for payments in euro
Down Comfort Ltd.
IBAN – LT453250093249112176
SWIFT: REVOLT21
Revolut Bank UAB
Konstitucijos ave. 21B, Vilnius, LT-08130, Lithuania
• Payment by card via Stripe (virtual POS) – payment is made electronically and the customer does not owe any amount upon delivery.
Article. 28 The customer is obliged to provide all necessary information for the issuance of the invoice. He can do so when submitting the order or later by sending a message to the Seller.
Right of refusal, return and exchange
Article. 29 (1) The Customer has the right to return the ordered products and receive a full refund or exchange of the products. We offer a 15-days trial period for our goose or duck down and feather products and 14 days for other items such as bedding and accessories. (The products must be in excellent condition, without signs of use and in their original packaging).
(2) The conditions for return or exchange are:
- The warranty policy must be respected
- The aforementioned periods must not have expired
- The products must be in excellent condition (like new) and must not have been used
- Contact us at +357 96 235153
or send an email to: cristina@poohy.eu to clarify the details.
(3) The costs of return or replacement are at the expense of the Customer and, if not paid in advance, will be deducted from the amount of the refund.
(4) In cases where the purchased products are covers, pillows and mattresses made of duck or goose down and/or feathers under the Poohy brand, the Customer is entitled to an additional 15-day trial period warranty described in detail in art. 30 of these general terms and conditions.
Warranty Policy
Article. 30 15-days trial guarantee for products made of duck or goose down and/or feathers:
(1) The customer has the right to receive, see and try the purchased products and if he is not satisfied within 15 days of receipt and even after use, we offer a full refund (excluding shipping costs) or exchange.
(2) The guarantee does not apply to personalized products. Personalized products are those that are made to order and are not included in the list of products offered in the online store
(3) The 15-days trial guarantee applies only to bedroom products: pillows, duvets and mattress toppers made of duck or goose down and/or feathers
Article. 31 Standard Limited Warranty .
Down and feather products – sleeping pillows, decorative pillows, duvets and toppers.
(1) Down Comfort EOOD warrants that Poohy brand pillows, duvets and toppers are free from defects in materials and workmanship for a period of 2 years if the CARE AND MAINTENANCE instructions as set out below are followed.
(2) PROPER CARE GUIDE AND MAINTENANCE (see here), including the use of a cover or protector for your pillow, duvet or topper, is a prerequisite for maintaining the warranty.
(3) For products purchased from authorized partners, such warehouse or retail warranties supersede this warranty and must be applied before contacting POOHY. Please contact the place of purchase before making a warranty claim.
(4) Warranty periods:
Duvets: 2 years, Pillows: 2 years, toppers: 2 years
(5) During the warranty period, www.poohy.cy will repair or replace products or product parts that prove defective due to faulty materials or workmanship under normal use and maintenance.
(6) The limited warranty does not cover:
- A product used without a protective cover or pillowcase
- Loss of volume, fullness or filling retention due to natural wear and tear.
- Conditions, malfunctions or damage that do not result from defects in material or workmanship.
- Damage caused by poor maintenance or incorrect washing and drying of the product (follow the care guide instructions - see here ).
- Stains and yellowing of the cotton cover due to natural wear and tear.
- Damage due to transportation or storage at the partner's (distributor's) store.
In the event of a defect, POOHY will, at its sole discretion, provide a repaired or replaced product, provided that the customer completes the warranty claim list below.
2. Bedroom Linen
(1) “Down Comfort “warrants that Poohy brand bedding, including pillowcases, sheets, protectors and others, are free from defects in materials and workmanship for a period of 2 years.
Article. 32 How to make a warranty claim:
In the event of a defect, to benefit from the limited warranty, you must send an email to cristina@poohy.cy with details and photos of the products (see below for the details they must contain) or contact us at +357 96 235153.
Your contact details: Name and address, Phone number, Email, Order number (if any)
Required Photos:
Tag (sewn onto your product, above: by law, this tag must not be removed) Make sure the entire tag is shown. A photo of the reason for the claim. (1-3 photos)
Once we receive all of the above information, the warranty review process will begin. We will evaluate your claim and request further details if necessary. If it is determined that the product should be returned to us, one of our team members will guide you on what to do.
Do not return a product to POOHY until instructed to do so. Any unauthorized returns will not be accepted. The customer is responsible for paying the shipping costs for the return.
It will take up to 5 business days to complete the process.
VIII. TRANSFER OF OWNERSHIP
Article. 33 (1) Ownership of the goods shall be transferred by the Seller upon delivery to the Customer and after payment has been made by the latter.
(2) Delivery of the goods shall be certified by the Buyer’s signature on the transport document provided by the courier.
IX. LIABILITY
Article. 34 The Seller shall not be liable for any damages suffered by the Buyer as a result of force majeure or circumstances beyond the Seller’s control
Article. 35 The Seller shall not be liable for any shortage of stock
Article. 36 The website does not guarantee uninterrupted and continuous access to the domain www.poohy.cy
Χ. OFFERS, CONTESTS AND ADVERTISING
Article. 37 (1) We determine the rules and conditions of the offers and competitions we organize. These rules are known only to potential customers on our website or from our official Facebook page: https://www.facebook.com/poohy.cy
(2) Only those customers who follow the rules published on the website are entitled to offers. Also, the offers are valid only for orders placed on our website during the offer period until stocks last.
(3) “Down Comfort”, reserves the right to cancel any offer or competition without notice.
Article. 38 At the moment the Customer / User creates an account on the Website, he gives his consent to receive promotional messages. Consent to receive such messages can be given by any person by filling out the subscription form on the Website, sending a message to the addresses indicated on the Website.
Article. 39 The Customer/User may reject advertising messages at any time by contacting "Down Comfort" in a manner specified in these General Terms and Conditions and on the Website.
Article. 40 Refusal to receive advertising messages does not mean automatic refusal of the given consent to conclude this contract.
XI. PERSONAL DATA
Article. 41 (1 ) In accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian law, "Down Comfort" is the Controller of personal data.
(2) "Down Comfort" EOOD adopts a Privacy Policy (see here) for personal data which each Customer whose personal data is processed by "Down Comfort" or to whom cookies are applied must accept after reading it.
Here you can find our privacy policy, which is an integral part of our general terms and conditions
XII. INTELLECTUAL PROPERTY
Article. 42 The intellectual property rights in all elements and resources located in the online store www.poohy.cy (including the available databases), are subject to protection under the law on copyright and related rights and belong to to «DownComfort « (poohy . cy), and may not be used in violation of applicable law.
Article. 43 It is prohibited to copy texts and images from www.poohy.cy and place them on other websites and online stores, without the express consent of «Down Comfort «
XIII. APPLICABLE LAW - JURISDICTION
Article. 44 Disputes arising between "Down Comfort" and Customers and/or Users shall be resolved by mutual agreement or if this is impossible, the disputes shall be resolved in accordance with Bulgarian law, unless the parties have agreed otherwise.
Article. 45 Individual customers may use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr , which is a single access portal that allows consumers and traders in the EU to resolve disputes arising between them
IV. CORRESPONDENCE BETWEEN THE PARTIES
Article. 46 The Seller and the Customer agree that the following details are accepted for communication between the parties:
(1) For the Seller " Down Comfort", registered in the Commercial Register with a unique identification code 205854911, with registered office and management address: Bulgaria, city of Plovdiv, Rodopi 108, floor 1, office 3 and represented by Milen Ganzurov: - tel. +357 96 235153; - email: cristina@poohy.eu
(2) For the Buyer: - via the phone number indicated by him in the Order. - by e-mail specified by him in the order,
(3) The notifications and messages exchanged between the parties by e-mail are considered to be in writing and the parties give them the force of a written document.