Terms & Conditions
1. About These Terms
Fortune Tech LLC (together “Konsha”, “we”, “us”, “our” the “Company”) is a Bulgarian private company operating the website located at the URL http://www.konsha.co.uk (the “Website”). These Terms and Conditions set out the legal terms that apply to your use of the Website, any of its sub-domains, any other websites operated by us or on our behalf, any mobile device and desktop applications developed by us or on our behalf (“Website” and “Websites” being a reference to any one of them) and the other services that we provide (“Services”).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order Product(s), we shall take this as your acceptance of these Terms and Conditions. Your access to and your use of the Website are subject to your continued compliance with these Terms and Conditions and all applicable laws. Your right to access and use the Website will be terminated immediately, without any further action by Konsha, if you breach these Terms and Conditions.
2. Undestanding These Terms
Certain words and phrases in the Terms and Conditions section have specific meanings (“Defined Terms”). They can be easily identified as they start with capital letters even if they are not at the beginning of a sentence. The definition of these terms is given in this Section: Understanding These Terms and Conditions.
When we refer to “we”, “us” or “our”, we mean Fortune Tech LLC, Bulgaria, EU. Where we refer to “you” or “your” we mean you, the person using the Website and the Services.
The Website’s Terms and Conditions are divided into different sections to facilitate the users. These Terms and Conditions are only available in English. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the third-party retailers (“Vendors”) relating to the sale of the Product(s), so we recommend that you save a copy (digital or paper) of these Terms and Conditions for your records. Please note that we reserve the right, in our sole discretion, to amend these Terms and Conditions at any time for any reason, with or without prior notice to you. Any such changes to these Terms and Conditions will supersede and replace any previous Terms and Conditions effective immediately upon posting to this page. Thus, we advise you to periodically review these Terms and Conditions as posted here for any changes. Your continued use of the Website after the posting of changes to these Terms and Conditions will constitute your acceptance of such changes. For the avoidance of doubt, you should stop using the Website if you do not agree with any changes to these Terms and Conditions.
“Checkout Page” | means the page on the Website on which the Customer(s) finalise their Order(s) and provide payment. |
“Confirmation Email” | means the email Konsha sends to the Customer(s) to confirm that their Order(s) have passed the pre-acceptance checks. It contains any details related to fulfilling the Order(s). |
“Contact Page” | means the page on the Website that contains any information that can be used to contact Konsha. |
“Customer ” | means a customer purchasing products through the Website. |
“Defined Terms” | mean certain words and phrases in the Terms and Conditions that have specific meanings. They can be easily identified as they start with capital letters even if they are not at the beginning of a sentence. |
“Delivery Costs” | means any fees and charges related to the delivery of the Products(s). |
“Delivery Terms” | means the delivery arrangements agreed between Konsha and the Customer(s). |
“Intellectual Property” | means any patent, copyright, registered design, unregistered design right, trade mark, trade name, domain name or other intellectual property rights together with any current applications for the registration of any of the foregoing. |
Konsha | means the party that provides the Services on the Website. |
“Order” | means the Product(s) the Customer(s) purchases from the Website. |
“Price” | means the amount that each Website Product(s) is to be offered for sale through the Website as determined by the Vendor. |
“Return Form” | means the form the Customer(s) need to fill out if they desire to return any of the Website Product(s) they have ordered. |
“Return Policy” | means the rules set by Konsha or the Vendors(s) to manage how Customers return unwanted Website Product(s)they purchased. It tells customers what items can be returned and for what reasons, and the timeframe over which returns are accepted. |
“Sale Contract” | means an agreement between a Customer and a Vendor covering the sale and delivery of Website Product(s). |
“Services” | means the services provided by Konsha to the Vendor. |
“Shipping & Returns Page” | means the page containing information about Konsha’s Delivery Terms and Return Policy. |
“Shopping Cart” | means the digital shopping cart which records the Website Product(s) selected by the Customer(s). |
“Shopping Cart Page” | means the page on the Website which supports the Shopping Cart. |
“Third Party Products and Services” | mean any Service(s) and Product(s) operated, controlled or produced by third parties different from our partnering Vendors. |
“VAT” | means value-added tax. |
“Vendor(s)” | means party or parties that displays and sells products on the Website. |
“Website” | means the website at domain www.konsha.co.uk which is owned and operated by Fortune Tech Ltd. |
“(Website) Product(s)” | means any product(s) that the Vendor wishes to display and sell on the Website and which Konsha has approved as being suitable for display on the Website. |
3. About Us
We are Fortune Tech LLC and we operate the Website. We are a company registered in Bulgaria, EU and our registered office is at Arch. Nikola Lazarov 2B 4-7, Sofia 1756, Bulgaria. Our registered company number is 206211230.
We use this Website to provide the Services to you. We operate on the principle of dropshipping, meaning that Konsha does not own stock. When you purchase Product(s) using our Website, you are purchasing them from the Vendors named on the Website. Therefore, the contract for the purchase of a given Product is between you and the relevant Vendor. We are authorised by the Vendors we partner with to conclude the contract on their behalf. However, we are not a party to that contract (“Sale Contract”) and as a result, you are not purchasing the Products from us. Sections 4, 5, 6 and 7 provide additional details about our Services, the Products and the Vendors on the Website, and the contract between you and the respective Vendors.
4. Our Services
The Services we offer allow you to search through the Website and purchase Product(s) from a large number of international Vendors. As part of the purchase process, we provide the following Services: payment processing, delivery arrangement, customer service assistance. The contract for the purchase of the Product(s) is, however, between you and the relevant Vendor, meaning that it is the Vendor (not Konsha) that is legally responsible for selling the Product(s) to you.
You may only use the Services on our Website if you are 18 years of age or older. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website.
5. The Products
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Product(s) available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the Product(s) will be accurate, complete, reliable, current, or free of other errors. Additionally, we cannot ensure that your electronic display accurately reflects the actual colors and details of the Products. Also, the pictures provided as part of the Product(s)’ descriptions are for illustrative purposes only. We advise you to contact our Customer Service Team if you would like to receive additional information about a Product(s) you are interested in.
If the Product(s) you purchased from the Website is not as described, your sole remedy is to return it to the Vendor in unused condition. We will serve as a liaison with the Vendor on your behalf. Additional information about our Return Policy can be found in Section 9 (Returns & Exchanges) as well as on our Delivery & Returns Page.
All Products are subject to availability and though we expect the Vendors to update us in case of any changes of inventory, we cannot guarantee that items will be in stock. Therefore, we reserve the right to discontinue any Product(s) at any time for any reason. Additionally, please be informed that Prices for all Products are subject to change.
The Product(s) sold by the Vendors are supplied for your domestic and private use only. You agree that you will not use the Product(s) for any commercial, business, or resale purposes. Also, you agree that you will not export, reexport, or otherwise transfer the Product(s) to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified in the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Vendors have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
6. Konsha Vendors
As stated in Section 3, the Sale Contract for the purchase of the Product(s) from the Website is between you and the respective Vendor. We are solely acting as an agent and are authorised by the Vendors to conclude the Sale Contract on their behalf. We are not a party to that Sale Contract and you are not purchasing the products directly from us.
We expect the Vendors we partner with to maintain reasonable business policies which comply with our own business policies. Unfortunately, we cannot ensure this and thus, we are not responsible for the Vendors’ business policies. In case you are unsatisfied with the Product(s) or Service(s) you have received from a Vendor, you should contact us and we will serve as a liaison between you and the particular Vendor in order to try and resolve the issue.
7. Oders and Delivery
We divided the process into steps to make it more understandable.
Step 1 – Placing an Order on the Website: You, the Customer, select a Product and add it to your Shopping Cart. To review your Order before placing it, you need to open your Shopping Cart by clicking the “View Cart” button. In this stage, you can make changes to your order. If you make any changes, you need to click the “Update Cart” button. The order summary, however, does not mean that we have accepted your order. After carefully reviewing the content of the Shopping Cart, you can place a binding order by clicking the “Proceed To Checkout” button on the Shopping Cart Page. Once you fill out the necessary information on the Checkout Page, you need to click on the “Place Order” button to place a binding order. We will send you an email to inform you that we have received your Order and that we will review it. Please note that this is not a confirmation email that we have accepted your Order.
Step 2 – Pre-acceptance checks: After you place your Order, Konsha confirms with the Vendor that the Product(s) is in stock and that it can be delivered to the Customer. Konsha also ensures that the information provided by the Customer is correct.
Step 3 – Accepting or declining your Order: When the Order passes the pre-acceptance checks, you will receive a Confirmation Email from Konsha. The Sale Contract between you and the Vendor(s) of the items you have ordered is formed at the time we send you the Confirmation Email. Please note that your Order is subject to these Terms and Conditions.
In a situation in which we cannot accept your order following the pre-acceptance checks, you will be informed by email and we won’t charge you for the respective products. In case we cannot accept just part of your order, we will give you the option to decline the whole order.
Step 4 – Delivery: After we confirm your Order and the payment for it is accepted (see Section 8 – Pricing and Terms of Payments), we send final information to the respective Vendor from which you ordered products. The Vendor(s) are responsible for delivering the order to the address entered by you. Depending on the delivery method of the respective Vendor(s), you will receive an estimated delivery date in your Confirmation Email. If you do not receive an estimated delivery date from us, we will deliver the Order within 30 days after the date of dispatch.
In certain circumstances, delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible. However, we shall not be responsible for possible damage incurring due to the delay. If the delay is due to a Vendor you ordered products from, possible compensation shall be agreed upon between the Vendor and the Customer depending on the Terms and Conditions published on the respective Vendor’s official website.
Delivery times vary depending on product availability and your delivery address. Delivery times are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Vendor(s). Therefore, if you ordered products from more than one brand, it is very possible that your order may arrive in multiple deliveries and at different times.
Deliveries are international and details of the countries our partnering Vendor(s) deliver to can be found on each of the Vendor(s)’ dedicated pages. More information is also provided on the Shipping & Returns Page on the Website. There are restrictions on some products for certain international destinations. Thus, we advise you to carefully review the information available on that page before placing your order.
In some situations, if you purchase Product(s) for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that final destination. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
8. Pricing and Terms of Payments
The Price of the Product(s) is determined in accordance with the pricing information provided by the respective Vendor(s). All the Prices include VAT except when shipping to countries outside the European Union (EU). International customers are responsible for covering their country’s customs, taxes, duties and/or VAT fees.
Konsha and the Vendors reserve the right to make changes in the Price list.
7.1. Formation of the Sale Contract Between You and the Vendors: When placing an Order, the Customer(s) shall pay for the Product(s) they have ordered as well as for the applicable delivery fees. Orders are subject to availability and confirmation. After Konsha sends you a Confirmation Email, you and the respective Vendor(s) have entered into a binding Sale Contract. The Confirmation Email shall include information about the Product(s) you have ordered as well as information about your rights to cancel the Sale Contract between you and the Vendor. Only those products listed in the Confirmation Email are included in the Sale Contract between you and the Vendor. The Vendor(s) will be under a legal duty to supply you with goods that are in agreement with the Sale Contract.
In order to place an order, you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website gives you the opportunity to review your Order and correct any errors before completing the Order. We advise all Customer(s) to carefully check their Order(s) at each page of the order process as they are responsible for ensuring that the information provided by them is accurate (e.g. products, sizes, quantities, delivery address, etc.).
7.2. Pricing and Availability: We try to ensure that all details, descriptions and Prices that are published on the Website are accurate. However, keep in mind that this is information provided to us by the respective partnering Vendor(s) and there may be cases where errors occur. In a situation in which we find that the Price of any Product from your Order is inaccurate, we will inform you of this as soon as possible and, as a representative of the Vendor, we will give you the option to reconfirm your Order at the correct Price or cancel it. If you do not respond to our email for reconfirmation or cancelation within five (5) business days, we will automatically treat your Order as cancelled. If you cancel the Order and you have already paid for the products, you will receive a full refund within fourteen (14) business days.
Delivery Costs are not included in the Prices and will be charged in addition. The Delivery Costs (which will include VAT as well) will vary depending on the Product(s) that you have ordered and your delivery address. The Delivery Costs applicable to your Order will be clearly displayed at checkout before you place your Order.
Depending on the delivery address you provided us, different taxation rules as well as some additional charges may apply. For instance, shipping items from a Vendor outside of your territory, may lead to import duties upon receipt of the products. We will notify you during the checkout process if import duties are included in the Price or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Vendor have any control over these charges and we cannot advise on their amount. It is solely your responsibility to pay for any such import duties and taxes that are not included. We advise you to contact your local customs office for further information and a “landed cost estimate” before placing your order.
In case you return an item, the taxes and import duties will be refunded to you only if they were originally included in the purchase Price. If they were not included, then you need to reclaim duty directly from your local customs office.
7.3. Upon Submitting Your Order: As already noted, we conduct a standard pre-authorisation check on your payment card on behalf of the relevant Vendor. Products will not be dispatched until the details you have provided are verified. Once we have verified your payment details and the Vendor has accepted and approved your Order for delivery, we will email you to inform you of this. If we or the Vendor encounters a problem when processing your Order, we will contact you immediately and may request additional information in order to do our best to resolve the issue.
Please, keep in mind that we reserve the right not to submit your Order to the Vendor, and the Vendor reserves the right not to accept your Order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18 years of age).
9. Returns and Exchanges
Please note that in certain cases the Vendor may reject your return of a Product and Fortune Tech LLC (or any of its group companies) may, at its sole discretion, choose to purchase the Product from you. You agree that the legal title to such a Product will automatically pass to Fortune Tech LLC. (or its relevant group company) upon the Company (or its relevant group company) choosing to purchase such a Product from you.
Consumer(s) shall have the right to cancel a purchase made through the Website within fourteen (14) days from receipt of the Product(s). Should the Customer(s) exercise their cancellation right, they shall inform Konsha by filling out our Return Form or by sending an email to office@konsha.co.uk. Konsha is responsible for notifying the respective Vendor. Please note that the Vendor’s return address is available in the Confirmation Email you received after ordering the Product(s) as well as in the delivery receipt. The Customer(s) must return the Product(s) to the Vendor no later than fourteen (14) days after the Customer notified Konsha of its intention to return the Product(s). The Customer(s) shall ensure the returned item(s) comply with the conditions of our Return Policy. Konsha shall refund the Price of the returned Product(s) to the Customer no later than fourteen (14) days after the Vendor has notified Konsha of the receipt of the returned Product(s).
The Customer is responsible for the product return’s shipping fees, except when the reason for the return is reclamation (including but not limited to defective design, material, and/or workmanship or lack of compliance with applicable statutory and regulatory requirements), in which case the Vendor is required to cover the shipping fees in relation to the return.
Also, please be informed that the Product(s) must be returned unused and in the best shape possible. Our partnering Vendor(s) may reject to accept the return of your Product(s) if they are not sent back to them unused and in the best shape possible. Our team will do our best to facilitate the return process in a way that satisfies both sides.
As Konsha’s main goal is to promote sustainability, we discourage the return of Products. Please, consider the long-term effect of your actions on the environment and purchase only Products that you will cherish, use and wear.
Please note that in certain cases the Vendor may reject your return of a Product and Fortune Tech LLC (or any of its group companies) may, at its sole discretion, choose to purchase the Product from you. You agree that the legal title to such a Product will automatically pass to Fortune Tech LLC. (or its relevant group company) upon the Company (or its relevant group company) choosing to purchase such a Product from you.
Some of our partnering Vendors may accept exchanges. Please contact us at office@konsha.co.uk and we will help you out with the exchange process. Please note that exchanges are done following the exchange policies of the respective Vendor(s). In case the respective Vendor(s) do not offer exchanges, we encourage you to take advantage of our Return Policy and then go back to www.konsha.co.uk and order the Product(s) you wish.
10. Our Website
This section sets out the rules that apply to your use of the Website. The use of the Website refers to both browsing it and purchasing products from it. By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
9.1. Access to the Website: Accessing the Website is available for free and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all people who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Any commercial use of the Website or its content is not permitted, meaning you are not allowed to reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent from us.
We provide no guarantee that access to the Website will be available or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer. We may from time to time restrict access to any part or whole of the website and its discretion due to technical defects, maintenance or installation work or resulting information changes, etc. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period. Konsha will limit the duration of possible interruptions to the minimum and will notify the users of any interruptions in advance, where reasonably possible.
When you visit the Website and/or use it to submit an Order, you are communicating with us electronically. Therefore, you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the respective Vendor(s)) satisfy any legal requirement that the same communications be in writing.
9.2. The User: You must not use the Website in any way that causes, or may cause, the Website or access to it to be interrupted, damaged or impaired in any way. You are responsible for all electronic communications and content that you sent from your computer or other devices to us. You must use the Website for lawful purposes only.
You must not use the Website in any way that breaches any applicable local, national or international law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, to send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, (ii) in breach of copyright, trademark, confidence, privacy or any other right, (iii) otherwise injurious to third parties, (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”, to cause harm, annoyance, inconvenience or needless anxiety to any person.
9.3. Third Party Products and Services on the Website: This Website may contain Service(s) and Product(s) operated, controlled or produced by third parties different from our partnering Vendors. We refer to these as “Third Party Products and Services”. The use of those may be subject to additional Terms and Conditions and we advise you to review them regularly when using these Third Party Products and Services. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third party websites or their content, nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, if you breach any Third Party Products and Services’ Terms and Conditions. Therefore, be informed that the use of Third Party Products and Services is entirely at your own risk. Additionally, we cannot guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
9.4. Linking: This Website may contain links to other websites operated, controlled or produced by third parties different from our partnering Vendors. We are more than happy for you to link to the Website. However, you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (e.g. using our name and web address to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay. Also, be informed that links to third party websites and resources are provided for your information only. We have no control over the contents of those websites or resources. Such links should not be interpreted as an endorsement by us of those linked websites and we will not be liable for any loss or damage that may arise from your use of them.
9.5. Our liability in relation to the Website: Though we try to update or change the Website or its contents regularly, we are not obliged to do so. Therefore, any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. We make no representations, warranties or guarantees, whether expressed or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website, or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, (iii) any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (Section 4) and the Vendor(s)’ supply of the products to you.
11. Privacy Policy
We are committed to the privacy of our Customers. Use of this Website, registration data and other information about you are subject to our Privacy Policy. Therefore, by using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
12. Intellectual Property
The materials displayed on the Website (including but not limited to all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks) are the exclusive property of Konsha and/or its licensor(s) and Vendors. Without the express, written consent from Konsha and/or its licensor(s), the Customer shall have no right to distribute, publish, copy, make available to the public or otherwise commercially use the materials on the Website.
13. Other Important Information
Severability: Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver: If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing and that will not mean that we will automatically waive any later breach by you.
Entire agreement: These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control: We and the Vendors will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Vendors reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Vendors’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you, and (ii) our and the Vendors’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints: We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Page for details of how to get in touch with us.
14. Governing Laws and Jurisdictions
Anything related to your order, use of the Websites or these Terms and Conditions are governed by Bulgarian law. The courts of Bulgaria shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
