Terms of Use

The Website www.houseofatana.com (hereinafter referred to as the "Website") is owned by ATANA Designs Ltd (hereinafter referred to as "Owner").
These Terms of Use and Sale on the Website (hereinafter referred to as the "Terms") are published and made available on the Website.
These Terms govern access, use, offering and sale of goods on www.houseofatana.com (hereinafter referred to as the "Website") owned by ATANA Designs Ltd. Products that can be purchased on this Website are offered for sale by the Owner.
By accessing the Website and using it further, the Client of the Website (hereinafter referred to as the "Client") declares that they are familiar with these Terms and agree to them.
The Client is aware that through access and subsequent use of the Website, they are to comply with the provisions of these Terms, as well as all provisions of applicable local and international laws. In case of disagreement with the Terms, the Client is obliged to immediately cease use of the Website. The Owner shall not be liable if the Client is not acquainted with these Terms.
The Client is to use the Website for purposes permitted by law, without prejudice to the rights of the Owner and/or third parties.
An integral part of these Terms are the Privacy Policy and the Cookie Management Policy, both are made available on the Website.

  1. TRADE POLICY
1.1. On this Website the Owner offers the Client(s) the opportunity to purchase the Products described on the Website by trademark, type and material (hereinafter referred to as the "Products") at a fixed price specified on the Website at the time of completion and confirmation of the Order to the Owner. The characteristics of the Products, as well as their prices published on the Website, can be changed unilaterally by the Owner. The Owner is not responsible for any differences in the colours of the purchased goods due to specifics of the device screen used by the Client when purchasing the Product.
1.2. A Client may only be an individual of the age of majority in accordance with the laws of the country where they are a national and who purchases one or more Products on the Website, acting outside of the framework of their trade or professional capacity.

  1. CONTENT on the WEBSITE
2.1. The Website contains information about the products offered for sale by the Owner as well as protected subject-matter within the applicable intellectual property legislation, including, but not limited to, works of fine art and design. Products posted on this Website are offered for sale in accordance with the procedures described in these Terms.
2.2. The information in this Website is indicative, except for information on the main characteristics of the Products. The price may be changed in view of the Owner's commercial policy. The Client can request accurate and up-to-date information by contacting the Owner on info@houseofatana.com.
2.3. Although the Owner makes every effort to present true and accurate information, they do not guarantee or assume any responsibility for the accuracy, completeness or reliability of the information published on this Website, in its entirety or in respect of its individual parts.  In the event that incomplete or inaccurate information on the Website causes damages to the Client and/or to third parties, the Owner shall not be liable to the Client and/or named third party.
2.4. The Owner reserves the right to amend and supplement the published information in whole or in part at any time, including but not limited to the information relating to the products for sale on the Website, their type, price and characteristics.

  1. USE AND MANAGEMENT OF COOKIES
3.1. The use and management of cookies on the Website is subject to a separate Cookie Management Policy.

  1. ORDER and CONTRACT for the PURCHASE of PRODUCTS
4.1. The Client can place an Order through the Website by adding the desired Product(s) to their shopping cart, following the steps specified on the Website. The order is an electronic document representing a communication form between the Owner and the Client, through which the Client declares their intention to buy certain Product(s).
4.2. Adding a Product to the Shopping Cart without completing the Order does not register such order OR in any way automatically reserves this Product. The Client is to provide accurate and complete information to the Owner in connection to the order at the date of its submission.
4.3. The Client is responsible for the accuracy and completeness of the data provided to the Owner in relation to an Order at the date of its submission. The Client provides their explicit consent for the Owner to provide this data to its subcontractors, including, but not limited to, the courier provider delivering the Order, for the purposes of completing it.
4.4. The Owner sends an electronic notification to the Client confirming receipt of named Order.
4.5. The purchase and sale agreement between the Owner and the Client shall be concluded at the time of receipt of an e-mail notification under item 4.4. of these Terms.
4.6. The Owner has the right to refuse to execute (i.e. cancel) the Order made by the Client in the following cases:
4.4.1. non-acceptance of the Client's credit/debit card used for the online payment transaction;
4.4.2. the information provided by the Client to the Owner is incomplete and/or incorrect;
4.4.3. the Owner has made an unsuccessful attempt to deliver the Product(s) ordered by the Client;
4.4.4. if the Product ordered by the Client is not available, except in the cases provided for in item 4.6. of these Terms. All Products published on the Website are sold and delivered until the quantities are exhausted, except in the cases provided for in item 4.6 of these Terms, even if this is not explicitly stated on the Website.
4.7. The Owner is to notify the Client of the cancellation of the order using the contact information provided by the Client at the date of submission of the Order. The cancellation of the order does not involve any liability for the Owner and the Client, and neither party has the right to seek compensation for this cancellation.
4.6. The Client may also order a Product that is not available at the date of its Order and for which it is explicitly stated that it can be pre-ordered by the Client, as well as the expected delivery time to the Client provided that the Client has successfully paid the price of the Product(s).

  1. PAYMENT
5.1. The Client is to pay the sale price of the product they wish to purchase, as specified on the Website. The prices of the Products published on the Website are final and include EU VAT, taxes and fees of the applicable EU legislation where ATANA Designs operate from. It also includes transport and other delivery costs for the Products but NOT import tax or other duties applied at destination import.
5.2. The price and payment method are specified in each Order. The price can be paid by online payment using a debit or credit card, as well as a PayPal balance. ATANA shall not be liable for any expenses in connection with fees, commissions or other additional payments made by the Client or their bank in connection with the transaction itself. The costs associated with such payments are solely at the expense of the Client.
5.3. The Client is obliged to provide all necessary information for the processing of the relevant payment in accordance with the applicable legislation.
5.4. The Owner is to issue the Client with a document confirming payment for the order and delivery of purchased Product(s).

  1. USER ACCOUNT
6.1. Each user of the Website has the right to create his/her own User Account. The user account is a section of the Website which contains names, email address and a password, which allow the Client to make an Order and which contains information about the Client and the history of some of their actions on the Website (Orders, Favourite Products, Order tracking etc.).
6.2. The Client cannot make Orders of Products through the Website without creating a User Account first.

  1. DELIVERY
7.1. Products that have been ordered and paid for are to be delivered by a courier company to an address specified by the Buyer.
7.2. The timelines for delivery of Products are published on the Website and may vary depending on the delivery destination. For any specific Order that has been successfully paid for, the delivery period relevant to the address specified by the Client under item 7.1 applies, starting from the date of item 4.4.
7.3. Delivery deadlines under item 7.2. do not apply to Orders of pre-ordered Products under item 4.6 where Delivery terms are explicitly described.

  1. WITHDRAWAL OF THE CONTRACT. Returns
8.1. The Client may decide to withdraw from a purchase contract within 14 days from the date of delivery of the respective Product.
8.2. If the Client exercises their right under 8.1. in respect of a purchased and delivered Product, the latter must be in the same condition as at the time of delivery (including its respective packaging). The Client should contact the Owner (via email or through their User Account Profile) and request a return quoting the order number as well as the reason for it. If this is done within 60 days of product receipt, they will receive a return confirmation email containing a return label, organised by the Owner.  The Owner is to refund the amount back to the Client using their initial payment method within 14 days of receiving the Product back. The cost of returning the Product(s) is borne by the Client and is fixed at 25 EUR. This shall be deducted from the refund amount due back to the client.
8.3. If the delivered Product does not have the characteristics specified on the Website; or is not fit for use; or does not possess the quality that the Client can normally expect from the relevant product category, the Client has the right to make a claim.
8.4. With the claim described under item 8.3, a Client may return named Product and choose from the following options at the Owners’ expense:
8.4.1. replacing the Product with another which holds the desired characteristics, description and/or properties (if such is available at time of claim);
8.4.2. correcting defects and/or discrepancies;
8.4.3. a reduction in the price of the Product;
8.4.4. a return of the price paid for the Product.

  1. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
9.1. The Owner is a Personal Data Controller within the meaning of the General Data Protection Regulation (EU) 2016/679. 
9.2. The Owner processes Personal Data in compliance with the requirements of the applicable legislation on confidentiality and protection of personal data.
9.3. Information on the Protection of Personal Data is contained in the Privacy and Personal Data Protection Policy of the Owner. By accessing the Website and using it further, the Client confirms that they have become acquainted with and agree to the Owner's Privacy Policy. Deriving from that, the Client grants the Owner the right to process their Personal Data for the purposes of accessing and using the Website.

  1. COPYRIGHT AND INTELLECTUAL PROPERTY
10.1 All content published on the Website, including but not limited to all registered trademarks, works of fine art and design, including industrial designs and other statutory objects published on the Website, constitutes intellectual property of the Owner or of a third party who has granted the Owner the right to use them.  A Client may not reproduce, modify, transmit, license, publish in whole or in part; or use them in any way without the prior written consent of the Owner or the respective third parties. A Client may not copy or download the content of the Website, use the Website to attempt unlawful access to other computer systems or networks, and/or perform any other unlawful or immoral actions.

  1. REFERENCES (HYPERLINKS)
11.1. The Website contains and/or could contain hyperlinks to other Websites owned by third parties. The Owner does not guarantee the accuracy, completeness or reliability of the information published on external sites. Access to and use of all other Websites connected through hyperlinks to the Website is at the Client's risk.

  1. LIMITATION OF LIABILITY
12.1. By accessing the Website, the Client confirms that the use of the Website and all actions carried out on it are entirely at their risk and responsibility. The Owner shall not be responsible for any damage caused to the Client by accessing the Website, unless caused intentionally or through a gross negligence of the Owner.
12.2. The Owner shall not be responsible for the inability to provide the Client with access to the Website in circumstances beyond their control - cases of force majeure; other accidents, other problems with the global internet network; and the provision of services that cannot be attributed as a fault of the Owner.
12.3. The Owner is not responsible for any interference or technical problems caused by the Client's equipment. The Owner does not guarantee that the Client's access to the Website will be uninterruptible, timely, secure or error-free, insofar as this is beyond the Owner’s control. The Client does not have the right to claim any damages from the Owner for material and non-material damage due to possible interruptions and other difficulties in establishing the internet connection to the Website.
12.4. In case of an unpredictable event of an extraordinary nature, which prevents the execution of the Order by the Owner, in whole or in part, such as: fire, flood, earthquake, military action, import and export bans, strikes, executive decisions of administrative authorities, theft, etc., the Owner shall be relieved of the responsibility of the non-completion of the Order.
12.5. The owner is not liable in cases of delay in the processing of the Order and delivery of the ordered Product due to events beyond their control – e.g. overload of the Website, simultaneous receipt of a large number of orders from various Users, order pile-up due to public holidays, etc.

  1. PROVISIONAL SANCTIONS. INDEMNITES
13.1. The Owner has the right to immediately and without notice suspend, restrict and/or terminate a User's access to the Website and shall not be liable for any damages or lost profits of the Client or third parties when the Client acts against the law, these Terms, morality and good manners.
13.2. A Client is obliged to indemnify the Owner and/or relevant third parties for all damages and/or lost profits arising from the Client’s access to and use of the Website in violation of the applicable laws and/or these Terms.

  1. RECEIPT OF INQUIRIES
14.1. By sending an inquiry to the Owner through the Contact Details specified on the Website, a Client agrees that the Owner has the right, at their own discretion, to respond, or not, to named inquiry, in whole or in part.
14.2. If the Owner provides incomplete or inaccurate information in response to a Client's request and damages arise to the Client and/or to third parties, the Owner shall not be liable to the Client and/or the third party. The information provided by the Owner in response to a request from the Client does not give rise to any legal obligations for the Owner.
14.3. If advertisements or messages of other nature are published on the Website by persons other than the Owner, its employees or subcontractors, the Owner shall not be liable for the content of such communications.

  1. NON-WAIVER
15.1. In the event that the Owner does not exercise in whole or in part their rights under these Terms, this does not constitute a waiver of their rights under these Terms. A receipt of compensation for violation of these Terms should not be considered a waiver by the Owner.

  1. CHANGES TO THE TERMS
16.1. The Owner reserves the right to update these Terms at any time as required by personal and/or business circumstances. Therefore the Owner encourages Users of the Website to familiarize themselves with these Terms upon each visit.

  1. COMPETENT COURT AND APPLICABLE LAW
17.1. All matters not settled by these Terms shall be subject to the provisions of the relevant legislation of the Republic of Bulgaria.
17.2. All disputes arising from the interpretation and application of these Terms shall be resolved in a spirit of understanding and goodwill. In the event that such an agreement is not reached, the dispute shall be referred to the competent Bulgarian Court.

  1. IDENTIFICATION OF THE OWNER
18.1. "ATANA Designs" Ltd., UIC: 206159381, with registered address in the Republic of Bulgaria; City of Sofia; PC 1504; 7 Tulovo Str., ap. 2, contact phone number: +359897344262.