Part 1 These general terms and conditions are intended to regulate the relations between SD “Kalatzerka – Zahariev and SIE”, hereinafter referred to for short as SUPPLIER, and the customers, hereinafter referred to as USERS, of the “Mebeli Kalacerka” electronic store, hereinafter referred to as “ELECTRONIC”
ІІ. SUPPLIER DATA
Part 2 Information under the Electronic Commerce Act and the Consumer Protection Act:
- Name of the Supplier: SD “Kalatzerka – Zahariev and SIE”
- Headquarters and address of management: 77 Bulgaria Blvd., 9650 Kavarna, BULGARIA
- Address for exercising the activity: 77 Bulgaria Blvd., 9650 Kavarna, BULGARIA
- Correspondence details: Dobrich, E-mail: [email protected] , phone: +359 87 810 7996
- Entry in public registers: EIK BG020849178
(1) Commission for the Protection of Personal Data
Address: 15 Ivan Evstatiev Geshov St., Sofia, Bulgaria, phone: +359 (2) 940 20 46
Fax: +359 (2) 940 36 40
Email: [email protected], [email protected]
(2) Consumer Protection Commission
- Address: Sofia, Slaveykov square N 4A, floors 3, 4 and 6, phone: +359 (2) 980 25 24
- Fax: +359 (2) 988 42 18
- Hotline: +359 700 111 22
- Website: www.kzp.bg
III. CHARACTERISTICS OF ELECTRONIC STORE
Part 3 ELECTRONIC STORE is an electronic store available at the Internet address www.kalatzerka.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 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;
Part 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.
Part 5 (1) Users conclude a contract for the purchase and sale of the goods offered by the ELECTRONIC STORE through the Supplier’s interface available on its website at www.kalatzerka.com or another means of remote communication.
(2) By virtue of 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.
Part 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
Part 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 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, through electronic registration on the Provider’s website.
(3) By filling in his data and pressing the “Yes, I accept” and “Registration” buttons, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.
(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 Recipient confirms the registration and conclusion of the contract through an electronic reference in the letter notifying him of the completed registration sent by the Supplier. 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 the event that a profile in web social networks or other networks is used for the User’s registration, the party to the contract is the person who is the owner of the profile used for registration in the relevant social or other network. In this case, the Provider has the right to access the data necessary to identify the User in the relevant social or other network.
Part 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.
(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 AGREEMENT
Part 9 (1) Users mainly 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 the ELECTRONIC STORE.
(2) The contract is concluded in the Bulgarian language.
(3) The contract between the Supplier and the User constitutes the present general terms and conditions, available at www.kalatzerka.com
(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 registration of the User with the Provider. The contract for the purchase and sale of goods is considered concluded from the moment of its request 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.
Part 10 The users conclude the purchase and sale contract with the Supplier according to the following procedure:
- Registering in the ELECTRONIC STORE and providing the necessary data if the User has not yet registered in the ELECTRONIC STORE;
- Login to the ELECTRONIC STORE ordering system by identifying with a name and password;
- 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;
VI. SPECIFIC PROVIDER OBLIGATIONS. CONSUMER PROTECTION
Part 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 Protection Act of consumers, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on consumer protection in relation to distance contracts.
Part 12 (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product 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 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 ELECTRONIC STORE Provider’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 the ELECTRONIC STORE website.
(7) The supplier indicates before concluding the contract the total value of the order for all the goods contained therein.
Part 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.
Part 14 (1) The user has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 7 working days, starting from the date of receipt of the goods.
(2) The right of refusal under para. 1 does not apply in the following cases:
– for the delivery of goods and the provision of services, the price of which depends on the fluctuations of the financial markets, which the Supplier is unable to control;
– for the delivery of goods made according to the user’s requirements or according to his individual order;
– for the delivery of goods which, due to their nature, are consumable or cannot be returned or are subject to rapid spoilage, or there is a risk of deterioration in their quality characteristics, including perfumery and cosmetic products;
– for the delivery of audio and video recordings or software products printed by the user;
– for delivery of newspapers, magazines, books and other periodicals;
(3) When the Supplier has not fulfilled its obligations to provide information, defined in Art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within three months from the date of receipt of the goods. When the information under this paragraph is provided to the user within the opt-out period, it begins to run from the date of its provision.
(4) In the event that the user exercises his right of refusal under para. 1, The supplier is obliged to reimburse him in full the sums paid by the user no later than 30 calendar days from the date on which the user exercised his right to withdraw from the concluded contract. The cost of returning the goods shall be deducted from the sum paid by the consumer under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier thereof.
(5) The User undertakes to store the goods received from the Supplier, their quality and safety during the period under para.
Part 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 website of the ELECTRONIC STORE Supplier, 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 Supplier’s ELECTRONIC STORE website.
(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 of this and to refund the sums paid by it within 30 working days from the date on which the Supplier should have fulfill its obligation under the contract.
(4) In the cases under para. 3, The supplier has the right to supply the consumer with goods of the same quality and price. The supplier notifies the user electronically of the change in the execution of the contract.
(5) In the case of exercising the right of withdrawal from the supply contract under para. 4, the costs of returning the goods are at the expense of the Supplier.
Part 16 (1) Доставчикът предава стоките на потребителя след удостоверяване на изпълнението на изискванията и наличието на обстоятелствата по чл. 61 от Закона за защита на потребителите.
(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 and Art. 61 of the Consumer Protection Act will be complied with if the authentication is carried out by a person who, according to the circumstances, can be inferred to pass on the information to the consumer – a party to the contract.
VII. OTHER TERMS
Part 17 (1) The Supplier delivers and hands over the goods to the User 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 delivers and delivers the goods within a reasonable time, but not later than 2 months.
Part 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
Part 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 supplier accepts and announces on its website a Policy for the protection of personal data, available at www.kalatzerka.com
Part 20 (1) At any time, the Provider has the right to require the User to identify himself and certify the reliability of each of the circumstances and personal data announced during registration.
(2) In the event that for any 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”, available at www.kalatzerka.com
IX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Part 21 (1) These general terms and conditions may be amended by the Supplier, of which the latter will notify in an appropriate manner all registered ELECTRONIC STORE Users.
(2) The Supplier and the User agree that any addition and amendment to these general terms and conditions will be effective against the User after the Supplier has expressly notified him and if the User does not state within the 14-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.
Part 22 The provider publishes these general terms and conditions at www.kalatzerka.com, together with all additions and amendments to them.
Part 23 These general terms and conditions and the User’s contract 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 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.
XII. OTHER TERMS
Part 24 The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Part 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.
Part 26 All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
Part 27 These general terms and conditions come into force for all Users of www.kalatzerka.com