GENERAL TERMS AND CONDITIONS OF E-SHOP
Art. 1. These general terms and conditions are intended to regulate the relations between Seva OOD, gr.. Rudozem, st. Khan Asparuh № 19A, hereinafter referred to as SUPPLIER, and customers, hereinafter referred to as USERS, of the e-shop www.seva-berry.com, hereinafter referred to as "E-SHOP".
ІІ. SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: "Seva" Ltd.
2. Headquarters and address of management. Rudozem, st. Khan Asparuh № 19A
3. Address for exercising the activity c. Rudozem, st. Khan Asparuh № 19A
4. Correspondence data: email@example.com
5. Entry in public registers: EIK 120013401
6. Certificate number for personal data controller № ……………………..
(1) Commission for Personal Data Protection
Address: Sofia 1592, is this. "Prof.. Tsvetan Lazarov ”№ 2,
tel.: (02) 940 20 46
Fax: (02) 940 36 40
Email: firstname.lastname@example.org, email@example.com
(2) Consumer Protection Commission
Address: 1000 gr.. Sofia, pl.”Slaveykov” №4A, et.3, 4 and 6,
tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
hot line: 0700 111 22
8. Registration under the Value Added Tax Act № BG120013401
III. CHARACTERISTICS OF E-SHOP
Art. 3. The e-shop is available at www.seva-berry.com, through which Users have the opportunity to enter into contracts for the sale and delivery of goods offered by the E-SHOP, including the following:
1. To register and create a profile for viewing the E-SHOP and use the additional services to provide information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the E-SHOP through the interface of the page of the E-SHOP, available on the Internet;
3. To conclude contracts for purchase and sale and delivery of goods, offered by E-SHOP;
4. To make any payments in connection with the concluded contracts with the E-SHOP, according to the payment methods supported by the E-SHOP.
5. To receive information about new goods, offered by E-SHOP;
6. To inspect the goods, their characteristics, prices and delivery conditions;
7. To be informed about the rights, arising from the law mainly through the interface of the E-SHOP page on the Internet;
8. To exercise the right to withdraw from the contract, concluded at a distance for the goods, offered by the Provider, to which the right of withdrawal is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, adopted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users enter into a contract for the sale of goods, offered by the E-SHOP through the interface of the Provider, available on its website or other means of distance communication.
(2) By virtue of the contract concluded with the Users for purchase and sale of goods, The Provider is obliged to deliver and transfer the ownership of the User to the goods specified by him through the interface.
(3) The Users pay the Supplier remuneration for the delivered goods according to the conditions, defined on the E-SHOP and the present general conditions. The remuneration is in the amount of the price, announced by the Provider at the address of the E-SHOP on the Internet.
(4) The Supplier delivers the goods ordered by the Users within the terms and conditions, determined by the Provider on the e-shop website 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 Provider agree, that all statements between them in connection with the conclusion and execution of the contract of sale 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) Supposed, that electronic statements, performed by the Users of the site, are committed by individuals, specified in the data, provided by the User upon registration, if the User has entered the appropriate access name and password.
IV. USE OF E-SHOP
Art. 7. (1) To use the E-SHOP to enter into contracts for the sale of goods, The user should enter his chosen name and password for remote access, in cases where the e-shop requires registration.
(2) The name and password for remote access are determined by the User, by registering electronically on the website of the Provider.
(3) By filling in your data and pressing the buttons “Yes, I accept” or “check in”, The user declares, that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.
(4) The Provider confirms the registration made by the User, by sending a letter to the e-mail address specified by the User, to which information for activating the registration is also sent. The user confirms the registration and conclusion of the contract by electronic reference in the letter, by which he was notified of the registration, sent by the Provider. After the confirmation, an account of the User is created and a contractual relationship arises between him and the Provider.
(5) Upon registration, the User undertakes to provide accurate and up-to-date data. The user updates the data in a timely manner, specified in your registration, in case of change.
(6) To use the full functionality of the e-shop of the Provider, The user undertakes to register on the website of the e-shop. The supplier is not responsible, in case due to lack of registration the User could not use the full functionality of the e-shop, including with regard to the exercise of rights under the contract, ability to claim a lower price and other similar features.
(7) These general terms and conditions can be accepted by the Users without registration in the E-SHOP through an explicit statement of intent, including through the site of the E-SHOP.
Art. 8. (1) The email address, provided at the initial registration of the User, as well as any subsequent email address, used for exchange of statements between the User and the Provider, is a "Primary Email" within the meaning of these Terms and Conditions. The user has the right to change his Primary contact email address.
(2) Upon receipt of a request for change of the Main contact e-mail address, The provider sends a request to confirm the change. The confirmation request is sent by the Provider to the new Main contact e-mail address specified by the User..
(3) The change of the Main contact e-mail address is made after confirmation by the User, expressed by reference, contained in the confirmation request, sent by the Provider to the new Main contact e-mail address specified by the User.
(4) The Provider informs the User about the change, via email, sent to the Main contact e-mail address indicated by the User before making the change under par. 2.
(5) The Provider is not liable to the User for illegal change of the Main contact e-mail address.
(6) The Provider may require the User to use the Primary contact email address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
Art. 9. (1) Users mainly use the interface of the Provider's page, to conclude contracts for purchase and sale of the goods offered by the Supplier in the E-SHOP. (2) The contract is concluded in Bulgarian.
(3) The contract between the Provider and the User represents the present general conditions, available on the website of the E-SHOP.
(4) The party to the contract with the Provider is the User according to the data, provided during registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data, with which an account with the Provider has been created.
(5) The provider includes in the interface of its website, technical means for detecting and correcting errors in 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 conditions in another explicit way, including through a statement on the Provider's website. The contract for 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 purchase and sale of goods, The Provider explicitly notifies the User in an appropriate manner by electronic means. (8) The statement for concluding the contract and the confirmation of its receipt shall be considered received, when their addressees have access to them.
(9) The Supplier delivers the goods to the address indicated by the Users and is not responsible in case, that the data provided by the Users are incorrect or misleading.
Art. 10. (1) The Users conclude the contract of sale with the Provider according to the following procedure:
Registration in the E-SHOP and providing the necessary data, if the User has not yet registered in the E-SHOP or by ordering goods without registration;
Entering the system for placing orders in the E-SHOP by identifying with a name and password and another way of identification;
Selecting one or more of the goods offered on the E-SHOP and adding them to the list of goods for purchase;
Providing delivery details;
Choice of method and time for payment of the price.
(2) Users can enter into a contract of sale with the Provider without registration, using the appropriate functionality in the e-shop interface
WE. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these General Terms and Conditions apply to Users, for which according to the data, specified for concluding the contract of sale or upon registration in the E-SHOP, a conclusion can be drawn, that they are 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 year.
Art. 12. (1) The main characteristics of the goods, offered by the Supplier are defined in the profile of each product on the site of the E-SHOP.
(2) The price of the goods including all taxes is determined by the Supplier in the profile of each product on the site of the E-SHOP.
(3) The value of postage and transport costs, not included in the price of the goods, are determined by the Provider and is provided as information to the Users in one of the following moments before concluding the contract:
– In the profile of each of the goods on the site of the Supplier of E-SHOP;
– When choosing the goods for concluding the contract of sale;
(4) The method of payment, delivery and performance of the contract is determined in these general terms, as well as information, provided to the User on the website of the Provider.
(5) The information, provided to the Users under this article is up-to-date at the moment of its visualization on the website of the Provider before the conclusion of the contract of sale.
(6) The supplier must specify the terms of delivery of individual goods on its website.
(7) Prior to concluding the contract, the supplier shall indicate the total value of the contract for all goods contained therein.
(8) Users agree, that all the information required by the Consumer Protection Act can be provided through the interface of the e-SHOP platform or e-mail.
Art. 13. (1) The user agrees, that the Supplier has the right to accept advance payment for the concluded with the consumer contracts for 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 is entitled, without due compensation or penalty and without stating a reason, to withdraw from the contract in time 14 days, as of the date of acceptance of the goods through the uniform withdrawal form, available on the website of the Provider. Information on exercising the right of withdrawal is available on the website of the Provider. Users can use another unambiguous statement, which can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
1. for delivery of goods, made to order of the user or according to his individual requirements;
2. for delivery of goods, which due to their nature may deteriorate or have a short shelf life;
3. for delivery of sealed goods, which are printed after delivery and cannot be returned for reasons, related to hygiene or health protection;
4. for delivery of goods, which, after being delivered and by their nature, have been mixed with other goods, from which they cannot be separated;
5. for the delivery of sealed sound or video recordings or sealed computer software, which are printed after delivery;
6. for delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
(3) When the Provider has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, The consumer has the right to withdraw from the contract within one year and 14 days, as of the date of receipt of the goods. When the information is provided to the user within the withdrawal period, it shall run from the date of its provision. The User has the right to send the statement of withdrawal under this article directly to the Provider through the uniform form for withdrawal from the contract., available on the website of the Provider.
(4) When the User has exercised his right to withdraw from the distance contract or from the off-premises contract, The provider refunds all amounts, received by the User, including delivery costs, without undue delay and no later than 14 days, as of the date, on which he has been 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 expressly agreed to use another means of payment and provided that this does not involve costs for the User.
(5) When exercising the right of withdrawal, the costs for returning the delivered goods are at the expense of the consumer and the amount, which the User has paid under the contract is deducted the cost of returning the goods. The supplier is not obliged to reimburse the additional costs for delivery of the goods, when the User has explicitly chosen the method of delivery of the goods, different from the cheapest type of standard delivery, offered by the Provider.
(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 Provider by sending a written statement to the Provider through the standard withdrawal form., available on the website of the E-SHOP.
(8) When the Supplier has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer until he receives the goods or until the consumer provides proof, that he sent the goods back, depending on that, which of the two happened earlier.
Art. 15. (1) The delivery time of the goods and the starting point, from which it flows, is determined for each product separately when concluding the contract with the consumer through the website of the Supplier, unless the goods are ordered in one delivery.
(2) In case the user and the Supplier have not set a delivery time, the delivery time of the goods is 30 working days, as of the date, next sending the user's order to the Provider through the e-shop website.
(3) If the Supplier is unable to perform the contract due to this, that he does not have the ordered goods, he is obliged to inform the User about it and to refund the amounts paid by him.
Art. 16. (1) The supplier delivers 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 Provider certify the circumstances under par. 1 in writing at the time of delivery by hand signature, unless otherwise agreed.
(3) The User and the Provider agree, that the requirements under para. 1 will be observed, if the certification is performed by a person, for which, according to the circumstances, a conclusion can be drawn, that it will transmit the information to the consumer - party to the contract.
VII. OTHER TERMS
Art. 17. The Supplier delivers and delivers the goods to the User within the term specified at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and delivery by the Supplier and if it does not meet the requirements to notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(2) For security reasons of the personal data of the Users, The provider will send the data only to an e-mail address, which was specified by the Users at the time of registration.
(4) Users agree, that the Provider has the right to process their personal data, necessary for the execution of the orders in the e-shop and the execution of the contract.
Art. 20. (1) In every moment, The Provider has the right to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration..
(2) In case, that for some reason the User has forgotten or lost his name and password, The Provider has the right to apply the announced Procedure for lost or forgotten names and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 21. (1) These general terms and conditions may be amended by the Provider, for which the latter will inform all Users in an appropriate manner, who have a registration. (2) The Provider and the User agree, that any addition and amendment of these general terms and conditions will have effect on the User after its explicit notification by the Provider and if the User does not declare within the given 30-day period, 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, upon registration. The user agrees, that emails, sent in accordance with this article need not be signed with an electronic signature, to have effect on him.
Art. 22. The Provider publishes these general terms and conditions on its website address together with all additions and amendments thereto.
Art. 23. The present general conditions and the contract of the User with the Provider 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 consent of the parties in writing;
unilaterally, with notice from each of the parties in case of default of the other party;
in case of objective impossibility of any of the parties to the contract to perform 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 site of the E-SHOP. In this case, the concluded, but unfulfilled sales contracts remain in force and are enforceable;
in case of exercising the right of withdrawal according to art. 55, he. 1 of the Consumer Protection Act. In this case, only the contract for delivery of the respective ordered goods is terminated, if the right of withdrawal is applicable to the relevant category of goods.
XI. OTHER TERMS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 25. For the issues not settled in this contract, related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.