My cart
Your shopping cart is empty
GENERAL TERMS
on an electronic store …………………..
I. SUBJECT
Art. 1. These general terms and conditions ("General terms and conditions") are intended to regulate the relations between "……………………." EOOD, entered in the commercial register at the Registration Agency under EIK …………………… .., with registered office and address of management: ……………………………………………………, hereinafter referred to as “Supplier”, and the customers, hereinafter referred to as “Users”, of an electronic store ………………………. ("Electronic Store"), owned by the Supplier.
II. PROVIDER DATA
Art. 2. (1) Information according to the Electronic Commerce Act and the Consumer Protection Act regarding the Provider:
1. Name of the Supplier: "…………………………" EOOD
2. Headquarters and address of management: …………………………………..
3. Address for exercising the activity: ………………………………………..
4. Correspondence details: ………………………………., phone ……………….., e-mail address: …………………………, website: … ……………………, other means of online communication: ………….
5. Entry in public registers: Commercial Register at the Registration Agency, EIK …………………………….
6. Registration under the Value Added Tax Act No. BG ……………….
7. Address for submitting complaints by users: ……………………., phone ……………………., e-mail address: ............ ............., website: ………………..
(2) Supervisory authorities:
1. Commission for Personal Data Protection
Address: city of Sofia, p. k. 1592, "Prof. Tsvetan Lazarov" No. 2,
phone (02) 91 53 519, fax: (02) 91 53 525
email: kzld@cpdp.bg
website: www.cpdp.bg
2. Consumer Protection Commission
Address: city of Sofia, p. k. 1000, "Slaveykov" square #4A, floors 3, 4 and 6,
phone (02) 933 05 65
fax: (02) 988 42 18
hotline: 0700 111 22
Email: info@kzp.bg
website: www.kzp.bg
III. CHARACTERISTICS OF THE ELECTRONIC STORE
Art. 3. The e-shop is an e-commerce platform available at the internet address https://................................ ......, through which the Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier in the Electronic Store, including the following:
1. To familiarize themselves with and review the goods, prices and terms of delivery offered by the Supplier;
2. To be informed about the nature and main characteristics of the goods;
3. To enter into contracts with the Supplier for the purchase and sale and delivery of the goods offered in the Electronic Store;
4. To make electronic statements in connection with the conclusion, implementation, execution and termination of contracts with the Supplier through the interface of the page of www……………..com, including through tools and applications for mobile devices available on it;
5. To be notified of the rights arising from the law;
6. To exercise their right to opt out, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users conclude a contract for the purchase and sale of goods with the Supplier according to the procedure specified in Art. 8. The contract is concluded in Bulgarian and is stored in the database of the Supplier in the platform.
(2) Users have the opportunity to review and correct errors when entering information no later than sending the statement to conclude the contract with the Supplier. Finding and correcting errors according to the previous sentence can be done by editing the order form at any time until the declaration of the conclusion of the contract with the Supplier.
(3) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface in the Electronic Store.
(4) Users shall pay the Supplier remuneration for the delivered goods, in accordance with the conditions set out in the Electronic Store and these General Terms and Conditions. The remuneration is equal to the price announced in the Electronic Store.
IV. USE OF THE ELECTRONIC STORE
Art. 6. (1) The Electronic Store can be used after registration in the Electronic Store and creation of a User profile or without prior registration.
(2) The User's registration in the Electronic Store is free, voluntary and is carried out in the relevant section of the Electronic Store.
(3) Regardless of whether the User registers or does not register in the Electronic Store in order to use the Electronic Store to conclude contracts for the purchase and sale of goods, the User should enter the following data: first name, last name, e-mail address, phone number contact, delivery address and agree to these Terms and Conditions.
(4) By filling in his data and pressing the "PAYMENT" button and marking his agreement with the General Terms and Conditions, the User declares that he is familiar with these General Terms and Conditions, agrees with their content and undertakes to abide by them unconditionally.
(5) Delivery the check confirms the order made by the User by sending an electronic statement to the e-mail address specified by the User or by telephone call to the telephone number specified by the User and contractual relations arise between him and the Supplier under a contract for the purchase and sale of goods.
(6) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his profile in the Electronic Store or in the order when the provided data is changed.
(7) If the User provides false information or the Provider has grounds to assume that the information provided by the User is incomplete or unreliable, the Provider has the right, at its discretion, to block or delete the User's registration and deny him the use of the Electronic Store.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 7. Users primarily use the interface of the Electronic Store page, including the tools and applications for mobile devices available on it, to conclude contracts for the purchase and sale of goods offered by the Supplier in the Electronic Store.
Art. 8. The User and the Supplier conclude the contract for the purchase and sale of the goods in the Electronic Store according to the following procedure:
1. The User chooses one or more of the goods offered by the Supplier, for which a purchase and sale contract will be concluded.
2. The User fills out an order form and provides the necessary data for the identification of the User as a party to the contract for the purchase and sale of goods;
3. The user chooses a method of delivery and provides the data for carrying out the delivery.
4. The user chooses the method and moment of payment of the price.
5. The user submits the order (offer) by pressing the "PAYMENT" button, after agreeing to the General Terms and Conditions and the Privacy Policy.
6. The Supplier confirms the order made by the User (accepts the User's offer) by sending an electronic statement to the e-mail address specified by the User or by calling the telephone number specified by the User. The Supplier shall provide the User on a durable medium with confirmation of the concluded contract within a reasonable period of time after concluding the distance contract or at the latest at the time of delivery of the goods.
VI. CONTENTS OF THE AGREEMENT
Art. 9. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of whether they are selected with one electronic statement.
(2) The supplier may organize together and simultaneously the delivery of the goods ordered with the separate sales contracts.
(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.
(4) The Supplier has the right at its discretion to refuse the execution of a User's order, for which the Supplier notifies the User in an appropriate period, without being obliged to indicate a reason for the refusal.
Art. 10. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in relation to which he exercises the rights.
Art. 11. The user pays the price for the individual sales contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 12. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data specified for the conclusion of the sales contract, it can be concluded that they are users within the meaning of the Consumer Protection Act.
Art. 13. (1) The main characteristics of the goods offered by the Supplier in the Electronic Store are described in the profile of each product in the Electronic Store.
(2) The prices of the goods, including all taxes and fees, are determined and indicated in the profile of each product in the Electronic Store.
(3) The value of the postal or transport costs, not included in the price of the goods, is determined by the Supplier in the Electronic Store and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract.
(4) The methods of payment, delivery and performance of the contract are defined in these General Terms and Conditions and the information provided to the User through the mechanisms and tools in the Electronic Store.
(5) The information, provision of the Users under this article is current at the time of its visualization in the Electronic Store before the conclusion of the contract of sale.
(6) Users agree that all information required by the Consumer Protection Act and the Act on the provision of digital content and digital services and the sale of goods can be provided through the Electronic Store interface or e-mail.
Art. 14. (1) The User agrees that the Supplier has the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2) In accordance with the possibilities provided in the Electronic Store, the User chooses whether to pay the Supplier the price for the delivery of the goods before or at the time of their delivery.
(3) In the event that the value of the User's order is equal to or exceeds BGN 10,000, payment shall be made only by transfer or payment to the Supplier's payment account.
Art. 15. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods by the Supplier, by means of the single form for withdrawal from the contract, available on the website of the Electronic Store in Appendix No. 1 to these General Terms and Conditions or by stating unequivocally in another way his decision to withdraw from the contract. Information on exercising the right of withdrawal is available in Appendix No. 2 to these General Terms and Conditions.
(2) The right of refusal does not apply in the cases provided for in Art. 57 of the Consumer Protection Act.
(3) When the Supplier has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the User within one year from the date of receipt of the goods, the User has the right to withdraw from the contract within 14 days from the date of receipt of the information. The User has the right to make the statement of refusal under this article directly to the Provider through the single form for refusal of the contract, available on the website of the Electronic Store as Appendix No. 1 to these General Terms and Conditions or by stating unambiguously in another way his decision to withdraw from the contract .
(4) When the User has exercised his right to withdraw from the contract, the Supplier shall refund all amounts received from the User, including delivery costs, without undue delay and no later than 14 days from the date on which he was notified of the User's decision to withdraw from the contract. The Provider refunds the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressed his express consent to use another means of payment and provided that this is not associated with costs for the User.
(5) When exercising the right of refusal, the costs of returning the delivered goods are deducted from the refund amounts under para. 4, except in cases where the User organizes the return of the goods himself and at his own expense. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the User has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received from the Supplier in the platform and to ensure the preservation of their quality and safety during the period under para. 1 or para. 3.
(7) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the sums to the User until he has received the goods or until the User has provided proof that he has sent the goods back, whichever has occurred earlier.
(8) When the User exercises his right to withdraw from the contract and when the Supplier has not offered to collect the goods himself, the User must send or hand over the goods back to the Supplier or a person authorized by him without undue delay and no later than 14 days , starting from the date on which the User notified the Provider of his decision to withdraw from the contract. The deadline is considered to be met if the User sends or hands over the goods back to the Supplier before the expiry of the 14-day period.
(9) The User shall pay only the direct costs for the return of the goods under the preceding paragraph, except in cases where the Supplier has agreed to pay them, or if the Supplier has not informed him that the costs of returning the goods are paid by the User.
(10) The user is only responsible for the reduced value of the goods caused by testing them other than what is necessary to establish their nature, characteristics and good functioning. The user is not responsible for the reduced value of the goods when Dos the seller did not inform him of his right of withdrawal.
Art. 16. (1) The term of delivery of the goods is determined for each good separately when concluding the contract with the user through the Electronic Store.
(2) If the Supplier cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the User of this and to refund the amounts paid by it.
VIII. PERFORMANCE OF AGREEMENT
Art. 17. (1) The Supplier may organize the delivery and handing over of the goods to the User by a relevant courier within the time limit specified at the conclusion of the contract.
(2) If the term under para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier organizes the delivery and handover within a reasonable time. If the Supplier fails to organize the delivery within the specified period, the same is obliged to notify the User in advance.
(3) If the User is not present at the specified delivery address at the agreed delivery time and has not properly secured a third party to receive the delivery, the Supplier will make the delivery at another convenient time for the Supplier, and the User must pay an additional price for the delivery, according to the tariff of the courier or postal operator.
Art. 18. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, notify the Supplier immediately.
(2) If the User does not notify the Supplier according to the previous paragraph, the goods are considered to be approved as meeting the requirements, except for hidden defects.
IX. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider processes the personal data provided by the Users in accordance with its Privacy Policy and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and for the repeal of Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act and other provisions of the applicable Bulgarian legislation on personal data protection.
(2) The Supplier's privacy policy is available at the Internet address: https://................................ .., and is an integral part of these General Terms and Conditions.
(3) The Provider has the right to store information or obtain access to information stored in the end device of the User in accordance with the "Policy on the use of cookies", provided that:
1. The Supplier has provided the User with clear and comprehensive information under Art. 13 of Regulation (EU) 2016/679; and
2. The Provider provided the User with the opportunity to refuse storage or access to the information.
(4) The User agrees that the Provider has the right to collect, store and process data on the User's behavior when using the Electronic Store. The user has the right to object to the storage or access to the information under para. 2 in the ways provided for in the Privacy Policy.
Art. 20. At any time, the Supplier has the right to require the User to identify himself and to certify the authenticity of any of the circumstances and personal data announced during the registration on the platform and/or placing the order.
X. AMENDMENT AND ACCESS TO THE TERMS
Art. 21. (1) These General Terms and Conditions are an integral part of the Agreement concluded between the Parties.
(2) By concluding the Agreement, the User declares that he is familiar with these General Terms and Conditions and accepts them.
(3) The User and the Supplier agree that all statements between them in connection with the conclusion, execution, amendment and termination of the Agreement and these General Terms and Conditions may be made electronically and through electronic statements within the meaning of the Law on Electronic Documents and Electronic authentication services and Art. 11 of the Electronic Commerce Act.
(4) It is assumed that the electronic statements made by the Users of the Electronic Store were made by the persons specified in the data provided by the User when registering the User in the Electronic Store or when sending an order (offer) by the User without registration made.
(5) The User agrees to receive all statements, documents and messages of the Supplier in electronic form at the e-mail address specified by the User during his registration in the Electronic Store or when placing an order (offer).
(6) Electronic statements, documents and any messages sent by the User to the Supplier via the e-mail address specified by the User during his registration in the Electronic Store or when placing an order (proposal) are considered to be signed with a simple electronic signature. The electronic statement is considered to have been received upon its entry into any of the information systems specified by the User under the preceding sentence.
(7) The parties agree that the legal force of the ordinary electronic signature is equivalent to that of the handwritten signature.
Art. 22. Conditions other than those stipulated in the General Terms and Conditions may be agreed with additional written agreements between the Provider and the User. In case of inconsistency between the agreement in the additional written agreements and the General Terms and Conditions, the agreement shall prevail.
Art. 23. (1) These General Terms and Conditions may be amended by the Provider, of which the latter shall notify the Users in an appropriate manner.
(2) The Provider and the User agree that any addition and/or amendment to these General Terms and Conditions will be effective against the User in one of the following cases:
1. after being expressly notified by the Provider at the e-mail address provided by the User and if the User does not state within the 14-day period provided to him that he rejects them; or
2. with their explicit acceptance by the User when placing an order in the Electronic Store.
(3) The application for rejection of an amendment and/or addition to the General Terms and Conditions within the period under the preceding paragraph is equivalent to a unilateral application for termination of the Agreement.
Art. 24. The Provider publishes the General Terms and Conditions, together with all amendments and additions to them, on the Internet at the electronic address: ………………………………...
XI. TERMINATION
Art. 25. These general conditions and the User's contract with the Supplier are terminated in the following cases:
1. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
2. by mutual agreement of the parties in writing;
3. in case of objective inability of one of the parties to the contract to fulfill its obligations;
4. when the equipment is seized or sealed by state authorities;
5. in case of deletion of the User's registration in the Electronic Store. In this case, already concluded but unfulfilled sales contracts remain in force and subject to execution;
6. in the cases under Art. 23, para. 3.
Art. 26. The Supplier has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in the event that it finds that the User uses the Electronic Store in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in electronic commerce.
XII. RESPONSIBILITY
Art. 27. The User undertakes to indemnify and indemnify the Provider against legal claims and other claims of third parties (whether justified or not), for all damages and costs (including attorney's fees and court costs) arising from or in connection with (1) non-fulfillment of any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other rights on intellectual or industrial property, (3) illegal transfer to other persons of the rights granted to the User , for the term and under the terms of the contract and (4) falsely declaring the presence or absence of the status of consumer within the meaning of the Consumer Protection Act.
Art. 28. The provider is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 29. (1) The Provider is not responsible for damages caused by the User to third parties.
(2) The Supplier is not responsible for property or non-property damages, expressed in lost profits or suffered losses, caused to the User in the process of using or not using the Electronic Store and concluding sales contracts with the Supplier.
(3) The Supplier is not responsible for the time during which the Electronic Store was not accessible due to force majeure.
(4) The supplier is not responsible for damages from comments, opinions and publications under the products, news and articles in the Electronic Store.
Art. 30. (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Supplier shall not be liable in the event of the conclusion of a contract for purchase and sale, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents himself as the User, if the circumstances can believes that this person is the User.
XIII. OTHER TERMS
Art. 31. (1) The User and the Supplier undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their knowledge in the process of executing the contract and these General Terms and Conditions.
(2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. Publication of correspondence in print and electronic media, social networks, Internet forums, private or public websites, etc. can be considered public domain.
Art. 32. The possible invalidity of any of the provisions of these general terms and conditions does not lead to the invalidity of other provisions of the General Terms and Conditions or the contract.
Art. 33. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
§1. These general conditions enter into force on DD.MM.2023.
Appendix № 1
Standard form for exercising the right to withdraw from the contract:
(complete and submit this form only if you wish to opt out
contract)
- To (merchant name, address and e-mail address to be filled in by
merchant):
- I/we hereby notify* that I/we waive* the agreements made by
me/us* contract for the purchase of the following goods*/for the provision of the following service*
- Ordered on*/Received on*
- Name of the user(s).
- Address of the user/s
- Signature of the user(s) (only if this form is on paper)
- Date
-------------------------------------------------- ----
* Unnecessary is crossed out.
Appendix No. 2
Information on exercising the right to withdraw from the contract
Standard opt-out guidelines:
I. Right to withdraw from the contract remotely or off-premises.
II. You have the right to withdraw from this contract without giving reasons within 14 days.
III. The cancellation period is 14 days from the date (fill in the date according to the types of contract specified in item 1, letters "a", "b", "c", "d" or "e" of the Instructions for filling).
To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract in an unequivocal statement (for example, a letter sent by post or e-mail). You can use the attached standard form to exercise the right to withdraw from the contract, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
IV. Action of refusal.
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs associated with a delivery method chosen by you other than the cheapest standard delivery method, offered by us), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will process the refund using the same means of payment used by You in the original transaction, unless You expressly agree otherwise; in any event, this refund will be at no cost to you. (in the case of a sales contract in which you did not offer to collect the goods in case of refusal, the text indicated in item 4 of the Instructions for filling out is filled in).
In cases where the consumer has received goods in connection with the contract (the corresponding text can be added according to item 5, letters "a", "b" or "c" of the Instructions for filling).
In contracts for the provision of services or for the supply of water, gas, electricity, when they are not offered for sale, packaged in a limited volume or a certain quantity, or for central heating (the text specified in item 6 of the Instructions for filling).
Instructions for filling:
1. Fill in one of the following texts in quotation marks:
a) in the case of service contracts or for the supply of water, gas or electricity, when they are not offered for sale, packaged in a limited volume or in a specified quantity, for central heating or for digital content that is not supplied on a physical medium: "the date on which the contract was concluded.";
b) in the case of a sales contract: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.";
c) in the case of a contract according to which the user orders many goods with one order, which are delivered separately: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the last goods.";
d) in the case of a contract under which goods are delivered that consist of multiple lots or parts: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the last lot or part.";
e) in the case of a contract for the regular delivery of goods over a certain period of time: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the first goods."
2. (amended - SG No. 20 of 2022, in force from 28.05.2022) Fill in your name, address, telephone number and e-mail address.
3. If you enable the user to electronically complete and submit information about his withdrawal from the contract on your website, complete the following:
"You may also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our website (add internet address). If you use this option, we will immediately send you in a durable medium (e.g. e-mail) a message confirming receipt of the opt-out."
4. For a sales contract in which you did not offer to collect the goods in case of refusal, fill in the following:
"We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever is earlier."
5. If the consumer has received goods in connection with the contract:
(a) add either:
- "We will collect the goods", or
- "We expect you to send or return the goods to us or to... (insert the name and geographical address, where applicable, of the person authorized by you to receive the goods) without undue delay and in any event no later than no later than 14 days after the day on which you informed us of your withdrawal from this contract.
The deadline is considered to be met if you send the goods back to us before the expiry of the 14-day period.";
(b) add:
- "We bear the costs of returning the goods.";
- "You must bear the direct costs of returning the goods.";
- if in a distance contract you do not offer to bear the costs of returning the goods and due to their nature the goods cannot be returned in the usual way by post: "You will have to bear the direct costs of returning the goods BGN ______ (add the amount) .", or, if the costs of returning the goods cannot be calculated in advance within reasonable limits: "You must bear the direct costs of returning the goods. The costs are expected not to exceed approximately BGN ______ (add the amount).". or
- if, in the case of an off-premises contract, the nature of the goods does not allow them to be returned in the usual way by post and if they have been delivered to the consumer's home at the time of the conclusion of the contract: "We will collect the goods at our expense.", and
(c) add: "You shall be liable only for any reduction in the value of the goods as a result of testing them other than as necessary to establish their nature, characteristics and proper functioning."
6. In the contracts for the provision of services or for the supply of water, gas, electricity, when they are not offered for sale, packaged in a limited volume or in a certain quantity, or for central heating, add the following: