General terms of use

GENERAL TERMS AND CONDITIONS OF THE ELECTRONIC STORE

 

www.uniquehzsart.com

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between "Stoykovi 2017" OOD, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the electronic store www.uniquehzsart.com, hereinafter referred to as the "ELECTRONIC STORE".

 

II. DATA ABOUT THE SUPPLIER

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

  1. Name of the Provider: " "Stoykovi 2017"" OOD
  2. Registered office and address of management Silistra, 7 "N.Y. Vaptsarov" Str.
  3. Address for exercising the activity Silistra, 7 "N.Y. Vaptsarov" Str.
  4. Correspondence details: ………………………
  5. Entry in public registers: UIC 208032048
  6. Certificate number for personal data administrator No. …………………………..
  7. Supervisory authorities:

(1) Personal Data Protection Commission

Address: Sofia 1592, "Prof. Tsvetan Lazarov” № 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. № 4A, fl. 3, 4 and 6,

tel.: 02 / 980 25 24

fax: 02 / 988 42 18

hotline: 0700 111 22

Website: www.kzp.bg

 

  1. Registration under the Value Added Tax Act № BG 208032048

 

III. CHARACTERISTICS OF THE ELECTRONIC STORE

Art. 3. The electronic store is accessible at the Internet address www.uniquehzsart.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE, including the following:

  1. To register and create a profile for browsing the ELECTRONIC STORE and using 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, accessible on the Internet;
  3. To conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE;
  4. To make any payments in connection with the contracts concluded with the ELECTRONIC SHOP, according to the payment methods supported by the ELECTRONIC SHOP.
  5. To receive information about new goods offered by the ELECTRONIC SHOP;
  6. To review the goods, their characteristics, prices and delivery conditions;
  7. To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC SHOP website on the Internet;
  8. To exercise the right to withdraw from the contract concluded at a distance for the goods offered by the Supplier, for which the right to withdraw 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) The Users conclude a contract for the purchase and sale of goods offered by the ELECTRONIC SHOP through the Provider's interface, accessible on its website on the Internet or other means of distance communication.

(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Provider undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.

(3) The Users pay the Provider a fee for the delivered goods in accordance with the conditions set out on the ELECTRONIC SHOP and these general terms and conditions. The fee is in the amount of the price announced by the Provider at the address of the ELECTRONIC SHOP on the Internet.

(4) The Provider delivers the goods requested by the Users within the terms and under the conditions set out by the Provider on the website of the electronic shop and in accordance with these general terms and conditions.

(5) The price for 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 performance of the purchase and sale 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 specified in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

 

IV. USE OF THE ELECTRONIC STORE

Art. 7. (1) In order to use the ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the User must enter a username and password chosen by him for remote access, in cases where the electronic store requires registration.

(2) The name and password for remote access are determined by the User, by registering electronically on the Provider's website.

(3) By filling in his/her data and pressing the "Yes, I accept" or "Registration" buttons, the User declares that he/she is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.

(4) The Provider confirms the registration carried out by the User by sending an email to the email address specified by the User, to which information for activating the registration is also sent. The User confirms the registration and the conclusion of the contract by an electronic link in the email notifying him/her of the completed registration, sent by the Provider. After confirmation, an account is created for the User and contractual relations arise between him/her and the Provider.

(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his/her registration in the event of any change.

(6) In order to use the full functionality of the Provider's e-shop, the User shall register on the e-shop website. The Provider shall not be liable if, due to the lack of registration, the User was unable to use the full functionality of the e-shop, including with regard to exercising rights under the contract, the possibility of claiming a lower price and other similar functions.

(7) These general terms and conditions may be accepted by the Users without registering in the E-SHOP by express declaration of will, including through the E-SHOP website.

 

Art. 8. (1) The e-mail address provided upon initial registration of the User, as well as any subsequent e-mail address used for the exchange of statements between the User and the Provider, is the "Main e-mail address" within the meaning of these general terms and conditions. The User has the right to change his/her Primary Contact Email Address.

(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider shall send a request for confirmation of the change. The confirmation request shall be sent by the Provider to the new Primary Contact Email Address specified by the User.

(3) The change of the Primary Contact Email Address shall be made after confirmation by the User, expressed by a reference contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.

(4) The Provider shall inform the User of the change made by an email 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 any unlawful change of the Primary Contact Email Address.

(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.

 

V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT

Art. 9. (1) Users primarily use the interface of the Provider's website to conclude contracts for the purchase and sale of goods offered by the Provider in the ELECTRONIC SHOP.

(2) The contract is concluded in Bulgarian.

(3) The contract between the Provider and the User constitutes these general terms and conditions, available on the ELECTRONIC SHOP website.

(4) The party to the contract with the Provider 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 data with which an account with the Provider was created.

(5) The Provider includes in the interface of its website technical means for identifying and correcting errors when entering information before the statement for concluding the contract is made.

(6) This contract is considered concluded from the moment of registration of the User with the Provider or acceptance of the general terms and conditions in another explicit manner, including through a statement on the Provider’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 Provider’s interface.

(7) The Provider expressly notifies the User of the conclusion of this contract and the conclusion of the contract for the purchase and sale of goods in an appropriate manner by electronic means.

(8) The statement for the conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.

(9) The Provider delivers the goods to the address specified by the Users and is not liable in the event that the data specified by the Users are incorrect or misleading.

Art. 10. (1) Users conclude the purchase and sale agreement with the Supplier according to the following procedure:

Registering in the ELECTRONIC SHOP and providing the necessary data, if the User has not yet registered in the ELECTRONIC SHOP or by requesting a product without registering;

Logging into the ELECTRONIC SHOP ordering system by identifying with a name and password and another method of identification;

Selecting one or more of the offered products in the ELECTRONIC SHOP and adding them to a list of products for purchase;

Providing data for making the delivery;

Choosing a method and method of paying the price.

Confirmation of the order;

(2) Users may conclude the purchase and sale agreement with the Supplier without registering, by using the relevant functionality in the interface of the electronic store

 

VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION

Art. 11. The rules of this Section VI of these general terms and conditions apply to Users who, according to the data provided for the conclusion of the purchase and sale contract or upon registration in the ELECTRONIC SHOP, can be concluded to be consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.

 

Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the ELECTRONIC SHOP website.

(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ELECTRONIC SHOP website.

(3) The value of the postal and transport costs, not included in the price of the goods, are determined by the Supplier and 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 Supplier's website of the ELECTRONIC STORE;

- When selecting the goods for concluding the purchase and sale contract;

(4) The method of payment, delivery and performance of the contract is determined in these general terms and 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 concluding the purchase and sale contract.

(6) The Supplier must indicate the terms of delivery of the individual goods on its website.

(7) The Supplier indicates before concluding the contract the total value of the order for all goods contained therein.

(8) Users agree that all information required by the Consumer Protection Act may be provided through the ELECTRONIC STORE platform interface or e-mail.

 

Art. 13. The consumer agrees that the Supplier has the right to accept an advance payment for the contracts concluded with the consumer for the purchase and sale of goods and their delivery.

 

Art. 14. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods through the unified form for withdrawal from the contract, available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Consumers may also use another unambiguous statement, which may be recorded on a durable medium.

(2) The right of withdrawal under para. 1 does not apply in the following cases:

  1. for the delivery of goods made to order by the consumer or in accordance with 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 delivery and cannot be returned for reasons related to hygiene or health protection;
  4. for the delivery of goods that, after being delivered and due to their nature, have become mixed with other goods from which they cannot be separated;
  5. for the delivery of sealed sound recordings 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;

 

Art. 15. (1) The delivery period of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website, unless the goods are ordered in one delivery.

(2) In case the consumer and the Supplier have not set a delivery period, the delivery period of the goods is 30 working days, counted from the date following the sending of the consumer's order to the Supplier through the website of the e-shop.

(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 Consumer and refund the amounts paid by him.

 

Art. 16. (1) The Supplier shall transfer the goods to the consumer after verifying the fulfillment of the requirements for providing information to the consumer under the Consumer Protection Act.

(2) The Consumer and the Supplier shall verify the circumstances under para. 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.

(3) The Consumer and the Supplier agree that the requirements under para. 1 will be complied with if the authentication is carried out by a person who, according to the circumstances, can be concluded to be the one who will transmit the information to the consumer - a party to the contract.

 

VII. DELIVERY CONDITIONS

Art. 17. The Supplier delivers and hands over the goods to the User within the period specified at the conclusion of the contract.

 

Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, immediately notify the Supplier.

 

VIII. PROTECTION OF PERSONAL DATA

Art. 19. (1) The Supplier 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 Supplier will send the data only to the e-mail address that was specified by the Users at the time of registration.

(3) The Supplier adopts and announces on its website a Personal Data Protection Policy.

(4) Users agree that the Provider has the right to process their personal data necessary for the execution of orders in the e-shop and the execution of the contract.

 

Art. 20. (1) At any time, the Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data declared during registration.

 

(2) In the event that for any reason the User has forgotten or lost his username and password, the Provider has the right to apply the announced Procedure for lost or forgotten usernames and passwords.

 

XI. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 21. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify all Users who have registered in an appropriate manner.

(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User after the Provider has expressly notified him/her and if the User does not declare within the 30-day period that he/she rejects them.

(3) The User agrees that all statements by the Provider in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User upon 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/her.

Art. 22. The Provider publishes these general terms and conditions at the address of its website together with all additions and amendments to them.

 

 

X. TERMINATION

Art. 23. These general terms and conditions and the User's contract with the Provider shall be 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 prior notice from each party in case of failure to fulfill the obligations of the other party;

in case of objective impossibility of any of the parties to the contract to fulfill its obligations;

in case of seizure or sealing of the equipment by state authorities;

in case of deletion of the User's registration on the ELECTRONIC STORE website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;

in case of exercise of the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the supply of the respective ordered goods is terminated, if the right of withdrawal from the contract is applicable to the respective category of goods.

 

XI. OTHER CONDITIONS

Art. 24. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

 

Art. 25. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.

 

Art. 26. All disputes between the parties to this contract shall be resolved by the competent court or the Consumer Protection Commission.