general terms
GENERAL TERMS OF ELECTRONIC STORE
ogosta.bg
I. SUBJECT
Art. 1. These general conditions are intended to regulate the relations between "VOYNOV AND S-IE" Ltd, city. the city of Montana, 8 Nikola Vaptsarov St, hereinafter referred to as SUPPLIER for short, and the customers, hereinafter referred to as USERS, of the e-shop ogosta.bg, hereinafter referred to as "ELECTRONIC STORE".
II. PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: "VOINOV AND S-IE“ Ltd
2. Headquarters and address of management: Montana, Nikola Vaptsarov St. №8
3. Address for exercising the activity: Montana, Nikola Vaptsarov St. №8
4. Correspondence data: voinov@abv.bg
5. Entry in public registers: EIK 206068533
6. Personal data administrator certificate number no
7. Supervisory authorities:
(1) Commission for the Protection of Personal Data
Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov" No. 2,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, Slaveykov Sq. No. 4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
8. Registration under the Value Added Tax Act No. BG
III. CHARACTERISTICS OF ELECTRONIC STORE
Art. 3. The electronic store is available at an address on the Internet ogosta.bg , through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by ELECTRONIC STORE, including the following:
1. To register and create a profile for browsing the ELECTRONIC STORE and using the additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the ELECTRONIC STORE through the interface of the ELECTRONIC STORE page available on the Internet;
3. To enter into contracts for the purchase and sale and delivery of the goods offered by ELECTRONIC STORE;
4. To make any payments in connection with the concluded contracts with the ELECTRONIC STORE, according to the payment methods supported by the ELECTRONIC STORE.
5. To receive information about new goods offered by ELECTRONIC STORE;
6. To review the goods, their characteristics, prices and terms of delivery;
7. To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC STORE page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier, for which the right of withdrawal from the contract is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users enter into a contract for the purchase and sale of the goods offered by the ELECTRONIC STORE through the Supplier's interface, available on its website or another means of remote communication.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms and conditions set by ELECTRONIC STORE and these general terms and conditions. The remuneration is in the amount of the price announced by the Supplier at the address of the ELECTRONIC STORE on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions. (5) The price for the delivery is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the sales contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
IV. USE OF ELECTRONIC STORE
Art. 7. (1) In order to use the ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the User should enter a name and password of his choice for remote access, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User, through electronic registration on the Provider's website.
(3) By filling in his data and pressing the "Yes, I accept" or "Registration" buttons, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending a letter to the electronic address specified by the User, to which information on activation of the registration is also sent. The User confirms the registration and conclusion of the contract through an electronic reference in the letter notifying him of the completed registration sent by the Provider. After the confirmation, the User's account is created and a contractual relationship is established between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The user promptly updates the data specified in his registration in case of change.
(6) In order to use the full functionality of the Supplier's electronic store, the User undertakes to register on the electronic store's website. The Provider is not responsible if, due to lack of registration, the User could not use the full functionality of the electronic store, including in relation to exercising rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) The present general terms and conditions can be accepted by the Users even without registration in the ELECTRONIC STORE through an express declaration of will, including through the ELECTRONIC STORE website.
Art. 8. (1) The electronic address provided during the initial registration of the User, as well as any subsequent electronic address used for the exchange of statements between the User and the Provider, is a "Primary electronic address" within the meaning of these general terms and conditions. The User has the right to change his Primary Contact Email Address.
(2) Upon receipt of a request to change the Main contact email address, the Provider sends a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User.
(3) The change of the Primary contact electronic address is carried out after confirmation by the User, expressed through a reference contained in the request for confirmation sent by the Provider to the new Primary contact electronic address specified by the User.
(4) The Provider informs the User about the change made, by means of an electronic letter sent to the Primary contact email address specified by the User before making the change under para. 2.
(5) The Provider shall not be liable to the User for an unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Main Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 9. (1) Users primarily use the interface of the Provider's page to enter into contracts for the purchase and sale of the goods offered by the Provider in an ELECTRONIC STORE. (2) The contract is concluded in the Bulgarian language.
(3) The contract between the Supplier and the User constitutes the present general conditions available on the ELECTRONIC STORE website.
(4) Party to the contract with the Supplier is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt these are the details with which an account was created with the Supplier.
(5) The supplier includes in the interface of its Internet page, technical means for identifying and correcting errors in the entry of information before the statement to conclude the contract is made.
(6) This contract is considered concluded from the moment of the User's registration with the Supplier or the acceptance of the general conditions in another express way, including through a statement on the Supplier's website. The contract for the purchase and sale of goods is considered concluded from the moment of its application by the User through the interface of the Supplier.
(7) For the conclusion of this contract and for the conclusion of the contract for the purchase and sale of goods, the Supplier expressly notifies the User in an appropriate manner by electronic means. (8) The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not responsible in the event that the data specified by the Users is incorrect or misleading.
Art. 10. (1) Users conclude the purchase and sale contract with the Supplier according to the following procedure:
Registration in the ELECTRONIC STORE and provision of the necessary data, if the User has not yet registered in the ELECTRONIC STORE or by requesting a product without registration;
Entering the ELECTRONIC STORE ordering system by identifying with a name and password and another means of identification;
Selecting one or more of the goods offered on the ELECTRONIC STORE and adding them to a list of goods for purchase;
Provision of data for making the delivery;
Choice of method and moment of payment of the price.
Order confirmation;
(2) Users can conclude the purchase and sale contract with the Supplier without registration by using the relevant functionality in the electronic store interface
VI. SPECIFIC PROVIDER OBLIGATIONS. CONSUMER PROTECTION
Art. 11. The rules of this section VI of these general terms and conditions apply to Users who, according to the data specified for the conclusion of the sales contract or during the registration in the ELECTRONIC STORE, it can be concluded that they are users within the meaning of the Law for consumer protection, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the ELECTRONIC STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ELECTRONIC STORE website.
(3) The value of the postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following times before concluding the contract:
– In the profile of each of the goods on the ELECTRONIC STORE Supplier's website;
– When selecting the goods for the conclusion of the contract of sale;
(4) The method of payment, delivery and performance of the contract is determined in these general conditions, as well as the information provided to the User on the Supplier's website.
(5) The information provided to the Users under this article is current at the time of its visualization on the Supplier's website before the conclusion of the purchase and sale contract.
(6) The supplier must indicate the conditions for delivery of the individual goods on his website.
(7) The supplier indicates before concluding the contract the total value of the order for all the goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act can be provided through the ELECTRONIC SHOP platform interface or e-mail.
Art. 13. (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) The User chooses independently whether to pay the Supplier the price for delivery of the goods before or at the time of their delivery.
Art. 14. (1) The user has the right, without paying compensation or a penalty and without giving a reason, to withdraw from the concluded contract within 14 days, counting from the date of acceptance of the goods, using the single contract withdrawal form available on the website of the Supplier. Information on exercising the right of withdrawal is available on the Supplier's website. Users may also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of refusal under para. 1 does not apply in the following cases:
1. for the delivery of goods made to the order of the user or according to his individual requirements;
2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
4. for the delivery of goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software that have been unsealed after delivery;
6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(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 the opt-out period, the same begins to run from the date of its provision. The user has the right to make the opt-out statement under this article directly to the Provider through the single contract opt-out form available on the Provider's website .
(4) When the User has exercised his right of withdrawal from the distance contract or the off-premises contract, the Supplier shall refund all sums 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 for the account of the user and the costs of returning the goods are deducted from the amount that the User has paid under the contract. 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 and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form available on the ELECTRONIC STORE website.
(8) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the sums to the consumer until he has received the goods or until the Consumer has provided proof that he has sent the goods back, whichever has occurred earlier.
Art. 15. (1) The term of delivery of the goods and the starting moment from which it runs is determined for each good separately when concluding the contract with the user through the Supplier's website, unless the goods are ordered in one delivery.
(2) In the event that the user and the Supplier have not determined a delivery time, the delivery time of the goods is 30 working days, calculated from the date following the sending of the user's order to the Supplier via the e-shop site.
(3) 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.
Art. 16. (1) The supplier hands over the goods to the consumer after certifying the fulfillment of the requirements for providing information to the consumer according to the Consumer Protection Act.
(2) The User and the Supplier certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Supplier agree that the requirements under para. 1 will be complied with if the authentication is performed by a person who, according to the circumstances, can be inferred to pass on the information to the user - a party to the contract.
VII. OTHER TERMS
Art. 17. The Supplier delivers and hands over the goods to the User within the period specified upon conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and if it does not meet the requirements, notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The provider accepts and announces on its website a Policy for the protection of personal data.
(4) Users agree that the Provider has the right to process their personal data, necessary for the fulfillment of orders in the electronic store and the performance of the contract.
Art. 20. (1) At any moment, the Provider has the right to require the User to identify himself and to certify the reliability of each of the circumstances and personal data announced during registration.
(2) In the event that for some reason the User has forgotten or lost their username and password, the Provider has the right to apply the announced Procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify all registered Users in an appropriate manner. (2) The Provider and the User agree that any addition and amendment to these general terms and conditions will be effective against the User after the Provider has expressly notified him and if the User does not state within the 30-day period granted to him that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 22. The supplier publishes these general terms and conditions on its website together with all additions and amendments to them.
X. TERMINATION
Art. 23. These general conditions and the User's contract with the Supplier are terminated in the following cases:
upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
unilaterally, with notice from each of the parties in case of non-fulfilment of the obligations of the other party;
in case of objective inability of one of the parties to the contract to fulfill its obligations;
when the equipment is seized or sealed by state authorities;
in case of deletion of the User's registration on the ELECTRONIC STORE site. In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable;
in case of exercising the right of refusal according to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the relevant ordered goods is terminated, if the right to withdraw from the contract is applicable for the relevant category of goods.
XI. OTHER TERMS
Art. 24. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 25. 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.
Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.