General Terms and Conditions
GENERAL CONDITIONS FOR USING ELECTRONIC STORE
houseofbalayage.shop
I. SUBJECT AND DEFINITIONS
Art. 1. (1) These General Terms and Conditions are intended to regulate the relationship between BALEAGE HOUSE EOOD, on the one hand, and the customers of an e-commerce platform houseofbalayage, located on the website https://houseofbalayage.shop/, on the other hand.
(2) This document contains information on the activities of BALEAGE HOUSE EOOD and the general terms and conditions for the order and purchase of Goods, as well as the use of services provided by the Supplier, and governs the relationship between the Supplier and each of the Customers.
(3) For the purposes of these Terms and Conditions, the following terms shall be understood as follows:
Supplier – BALEAJ HOUSE EOOD, UIC 201104413, with its registered office and head office at: 1000 Sofia, Mladost district, Eurotour Business Centre, 12, Mihail Tenev Street, 1st floor, app. 2, represented by the Manager Velin Yavorov Djidjev, who owns and administers the Platform.
E-commerce platform located on the web-based site: https://houseofbalayage.shop/ and all its subpages. The platform has the functions of an e-shop for the sale of Goods of the Provider and an information portal for the Services provided by the Provider. The e-shop provides Customers with information about the Goods and the opportunity to purchase them by ordering and paying the respective selling price and costs, as well as information about the Services offered by the Provider through the Platform. The Client has the right to purchase Goods through the Platform, respectively to use the Services provided on the Platform, subject to compliance by the Client with these General Terms and Conditions, the Bulgarian and European legislation in force, all generally accepted commercial practices in the country, as well as the additionally specified by the Provider relevant requirements for the specific Goods and Services. Goods and Services that are not expressly included in these Terms and Conditions and/or indicated on the Platform are not provided by the Provider and may not be required by the Platform, a Customer or any Third Party.
Client - any legally capable and adult natural person or legal entity or other legal entity that visits and/or uses the Provider's Platform in any way, including but not limited to viewing it, placing orders from it, buying, returning Goods, etc. Legal clients shall be represented by their legal representatives or duly authorised persons. Persons who do not meet the requirements for a Client - a natural person or a Client - a legal entity or there is no power of representation in respect of the latter, are not entitled to purchase Goods from the Platform and use the Services provided to it. The Client may use the Platform as a registered user or as a "Guest" (without registration).
Profile - the personal profile of the Client on the Platform, which allows the Client to track the history of his orders and is a mandatory condition for using the functionalities and the Referral Program.
General Terms and Conditions – these General Terms and Conditions, which include terms of use of the Platform, rules for account registration, order, purchase and delivery of Goods, the rights and obligations of Customers using the Platform, as well as any other legally relevant information found on the Platform. These General Terms and Conditions constitute a contract between the Supplier and the Customer for the purchase and sale of Goods from the Platform on the territory of the Republic of Bulgaria, by which the Customer undertakes to pay for the ordered Goods and related services, which contract has legally binding force for the Supplier and the Customer of the Platform. The General Terms and Conditions govern the rights and obligations of Customers and visitors to the Site. The parties to the contract are the Supplier, on the one hand, and the Customer, on the other. By ordering and purchasing Goods and Services, the Customer declares that he is familiar with, agrees with and accepts these General Terms and Conditions. By accepting the General Terms and Conditions and/or by any action performed through the Platform, the Client declares and declares that he/she is familiar with and accepts these General Terms and Conditions. Each action of the Client on the Platform represents and is considered an electronic statement that he/she agrees with, confirms and accepts these General Terms and Conditions and enters into a contractual relationship with the Provider. The Client should read the current General Terms and Conditions carefully before using the Platform. Acceptance and consent to these General Terms and Conditions is a prerequisite for the use of the Platform.
Goods - cosmetic products and other items published on the Platform and offered for sale by the Supplier through the Platform.
Services advertised on the Platform: hairdressing, cosmetics and consultancy services that are physically provided at the Supplier’s business premises.
Durable medium means any instrument which enables Customers to store information addressed personally to them in a way accessible for future reference and for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored. Such media are, for example, paper, USB storage devices, CD-ROMs, DVDs, memory cards, hard drives of computers, e-mail and others. Internet sites that meet the following conditions shall also be considered to be a durable medium: the site allows the Customer to retain the information received, the information may be retained for a sufficiently long period of time and the Provider who provided the information may not change it.
Parties – means both the Supplier and the Customer.
Party – means the Supplier or the Customer.
Third parties/persons – means all persons, organisations and bodies other than the Provider and the Customer.
The business premises - the Supplier's lounge, located at the address indicated on the website: https://houseofbalayage.shop/
Referral Program - a program accessible to registered with an Account in the Platform Clients and/or other individuals designated by the Provider, the full terms and conditions of which are described in Annex No 1 to these General Terms and Conditions.
II. PROVIDER DATA
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
Name of Supplier: ‘BALEJ HOUSE’ EOOD;
Headquarters and registered office: 1000 Sofia, Mladost district, Eurotour Business Centre, 12, Mihail Tenev Street, 1st floor, app. 2;
Address for exercising the activity and address for making complaints by Clients: Sofia, 49 Emilian Stanev Street;
Correspondence details: email: houseofbalayage@gmail.com, phone: +359876657066;
Entry in public registers: in the Commercial Register and the Register of Non-profit Legal Entities with UIC: 201104413;
Registration under the Value Added Tax Act: VAT No BG201104413;
Supervisory authorities:
Commission for Personal Data Protection:
Address: Sofia, 2, Prof. Tsvetan Lazarov Str.
tel.: (02) 91-53-519
Email: kzld@cpdp.bg
Website: www.cpdp.bg
Commission for Consumer Protection:
If, as a consumer within the meaning of the Consumer Protection Act, you believe that we have infringed your rights as a consumer, you can lodge a complaint with the competent authority in Bulgaria, the Consumer Protection Commission. More information can be found at: www.kzp.bg. You can also lodge your complaint in the country where you live, at your workplace or in a place where you think we are violating your rights.
Offices of the CPC in the country: https://kzp.bg/bg/kontakti
User's phone: 0700 111 22
Website: www.kzp.bg
III. PLATFORM FEATURES
Art. 3. The platform is an e-commerce platform available at https://houseofbalayage.shop/ and all its subpages. The platform has the functions of an e-shop for the sale of Goods and the advertising of Services by the Provider. The e-shop provides Customers with information about the Goods and an opportunity for Customers to conclude contracts for purchase and sale and delivery of the Goods offered by the Supplier through the Platform, as well as information about the Services offered by the Supplier through the Platform, which the Customer can use. Clients have the right to purchase Goods through the Platform, respectively to use the Services advertised on the Platform, subject to compliance by Clients with these General Terms and Conditions, the Bulgarian and European legislation in force, all generally accepted commercial practices in the country, as well as the additionally specified by the Provider relevant requirements for the specific Goods and Services, including, but not limited to, the possibility:
To register and create a Platform Profile;
Review the Goods, their characteristics, prices and delivery conditions;
To conclude with the Provider contracts for the purchase and sale and delivery of the Goods offered on the Platform;
To receive information about new Goods offered by the Platform Provider;
To make electronic statements in connection with the conclusion and/or performance of contracts with the Provider through the Platform interface;
To be notified of the rights arising from the law, primarily through the interface of the Platform on the Internet;
To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Provider of the Platform organizes the delivery of the Goods and guarantees the rights of the Customers provided for in the law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) The Customer concludes with the Supplier by using the electronic means of the Platform or other means of distance communication a contract for the purchase and sale of the Goods. The contract is concluded in Bulgarian and is stored in the database of the Platform Provider.
(2) Under the contract concluded with the Customer for the purchase and sale of Goods, the Supplier undertakes to organize the delivery and transfer of ownership to the Customer of the selected and/or purchased goods through the interface of the Platform Goods. The Customer has the right to correct errors in entering information no later than the submission of the statement of offer to conclude the contract with the Provider through the Platform, as described below in these General Terms and Conditions.
(3) Customers shall pay the Provider remuneration for the delivered Goods in accordance with the terms and conditions set out on the Platform and these General Terms and Conditions. The remuneration is in the amount of the price announced by the Platform Provider for the respective Goods in Euro (EUR).
(4) The Provider delivers the Goods requested by the Customers within the terms and conditions set by the Platform Provider and in accordance with these General Terms and Conditions.
(5) The delivery price is determined separately and explicitly by the price of the Goods.
Art. 6. (1) The Client and the Provider agree that all statements between them in connection with the conclusion and/or performance of the contract of sale may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and Article 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Client on the Platform are made by the person indicated in the data provided by the Client when registering, if the Client has entered the relevant e-mail address and password for access.
IV. REGISTRATION OF THE PLATFORM PROFIL
Art. 7. (1) Access to the Platform is free, and for viewing, ordering and purchasing Goods and using the other Services offered through the Platform, as well as the full functionalities of the Platform, registration in the Platform and creation of a Client Profile is not required.
(2) The registration of a Client Profile is at the request of the Client. Registering a Client Profile is a mandatory condition for using the Gift Voucher function and participating in the Referral Programme. The registration of a Client Profile requires the completion of the Client registration form on the Platform. In the registration form, the Customer must provide the following data: (1) e-mail address (e-mail address); (2) Remote access password specified by the Client. Before registering for an Account, the Client shall tick the box indicated for that place in the registration form that he/she agrees with these General Terms and Conditions and with the Privacy Notice (GDPR) of the Provider.
(3) The Client can create a Platform Profile by identifying himself/herself through his/her account in one of the social networks indicated on the Platform (e.g. Facebook, Google, etc.), and for this purpose the Client should press the appropriate button and choose his/her profile from the respective social network that he/she wants to use for the registration of a Platform Profile. Before registering for an Account, the Customer should tick the box indicated for this place that he/she agrees with these General Terms and Conditions and with the Privacy Notice (GDPR) of the Provider.
(4) By accepting these General Terms and Conditions, the persons who have made the registration give the Provider and persons from his team the right to verify the data provided and to contact the person for identification of the person and confirmation of the data provided by him, if they consider it necessary.
(5) After completing the mandatory data in the Platform registration form in accordance with paragraph 2 of this Article or after completing the registration in accordance with paragraph 3 of this Article, the Provider shall send a confirmation to the Client by e-mail to the e-mail address specified by the Client for successful registration of the Account, as well as send a link for access to the Client's Account.
(6) The Provider's Privacy Notice (GDPR) applies to the personal data entered.
(7) After the successful registration and activation of an Account, a Client Profile is created, which can be accessed by entering the email address specified by the Client upon registration and the password chosen by the Client for access or through the Client's profile in the respective social network used for the registration of an Account. After successful registration, the Customer will have the opportunity to change the data, if necessary, in the section provided for this in his Account on the Platform.
(8) By registering an Account and ticking the marked for this place in the registration form that the Client agrees with the General Terms and Conditions for use of the e-shop houseofbalayage.shop, it is considered that the Client has accepted these General Terms and Conditions. From that moment, the contract for the use of the Platform between the Parties shall be deemed concluded. By completing the registration, the person who has made the registration declares and guarantees that he/she is not incapacitated or a minor, as well as that he/she uses valid personal identification data upon registration, respectively, that he/she is a representative (legal or authorized) of a legal person, that he/she has the power to purchase Goods and uses the Services offered on the Platform in the name and on behalf of the respective legal person and that he/she uses his/her actual identity and data upon registration.
(9) Persons under the age of 18 are not allowed to register and/or purchase the Goods offered on the Platform.
(10) When making the registration, as well as when ordering Goods, the Customer undertakes to provide correct and up-to-date data. Any person making a registration is responsible for incorrect and/or incomplete completion of data and information in the Platform. The Provider shall not be liable if a Customer or a Third Party has filled in false and/or erroneous data at the time of registration or at a later stage, including in all cases where the Supplier is unable to deliver Goods and/or provide any of its services as a result of incorrect contact details or other incomplete or incorrect information about the Customer.
(11) The Provider has the right to refuse the provision of Goods through the Platform by refusing to register an Account on the Platform or by deleting/closing/deactivating an already registered Account in all cases where the Client has not filled in the necessary information in full and correctly, in case of doubts that the Client does not meet the conditions for using the Platform (for example, is incapacitated, has entered false data, has no representative authority or for any other reason does not have the right to use the Platform or does not comply with the requirements of the law, the Platform and/or these General Terms and Conditions) or has violated these General Terms, the applicable legislation or the rights and legal interests of third parties in relation to the Goods and Services offered on the Platform, without owing any notice, warning or compensation to the Client or keeping or restoring the information and materials in the Client's Account.
(12) The Client is responsible for all actions performed through or resulting from the use of his Account. The Client undertakes not to provide the data for access to his Profile to persons who do not wish to perform actions on his behalf and at his expense. If the Client provides them to a person, it is considered that he/she has authorized him/her to perform actions through his/her Account on his/her behalf and at his/her expense. In this case, the Client is responsible for the actions of that person as his own.
(13) The Customer is responsible for the data and information filled in and requested by him through his Account on the Platform, as well as for those provided by phone to the Provider, if any.
(14) The Client undertakes to notify the Provider of any change in the data he has provided to the Provider upon registration or at a later stage. In case of non-fulfilment of this obligation, the Provider is not responsible for sending ordered Goods to another address, issuing documents with incorrect data or any other actions. In this case, the Customer is responsible for the payment of the Goods ordered through the Platform, as well as the additional costs, damages and lost profits of the Provider.
(15) In all cases, the Client shall be liable for the payment of all Goods ordered through the Platform, as well as for any additional costs, damages and lost profits incurred by the Provider and/or Third Parties as a result of incorrectly entered information by the Client or lack of subsequent notification pursuant to paragraph 15 above.
(16) The provisions of this Section regarding the requirements for persons who can register a Platform Account, as well as the obligations that arise for Customers in connection with the data and information provided, apply accordingly and for all cases of ordering Goods through the Platform by a Customer who does not have a registered Platform Account.
V. TECHNICAL STEPS FOR CONTRACTING AND CONCLUSION OF GOODS CONTRACT
Art. 8. The Customer may use the Platform interface to place an order and conclude contracts for the purchase and sale of Goods with the Supplier of the Goods offered by him on the Platform.
Art. 9. The Customer gives his explicit consent to accept these General Terms and Conditions and to be bound by the contract for the purchase and sale of Goods by accepting and confirming them through the electronic means of the Platform. The Customer declares and declares that for the conclusion of the contract for the purchase and sale of Goods and the acceptance of the General Terms and Conditions, no additional actions and approvals are required. The contract for the purchase and sale of Goods and the General Terms and Conditions are legally binding and have the same binding legal nature as if they were signed on paper, and are accepted as evidence in court and any other dispute settlement institution.
Art. 10. Ordering through the Platform interface can be done by Clients who have a registered Platform Account or Clients who do not have a registered Account and use the order form on the Platform as a guest (the so-called Guest Order).
Art. 11. The Customer places an order and concludes a contract for the purchase and sale of selected Goods offered on the Platform by following the instructions of the standard order form on the Platform interface at the time of the order, which instructions may be changed from time to time and include the following:
Logging in to the Platform;
Selecting one or more of the Goods offered by the Platform Provider and adding them to a list of Goods for purchase, or the so-called cart, by pressing the "Add to Cart" button, which is located below each available Goods. This button adds the selected Goods to the shopping cart, after which the Customer has the opportunity to add more products to it and to review the products added so far by clicking on the "View cart" button or to continue to complete the order by clicking on the "Order" button;
Providing the necessary data for individualization of the Client as a party to the contract
For natural and legal persons, the provision of: Name, Surname, Email address, Phone, Region, City;
For legal persons (optional/on request of invoice): VAT number, company name, company mall; UIC of the company, Location, Address.
Providing data for the delivery of the ordered Goods: (1) the designation of an office of the courier company Speedy AD; (2) indication of delivery address; or (3) receipt in the salon/Commercial object of the Provider;
Choosing a method for payment of the price of the ordered Goods;
Checking the marked for this place that he is familiar with and agrees with these General Terms and Conditions and the Privacy Notice in relation to the processing of personal data by the Provider;
Confirmation of the order through the Platform interface.
Payment of the order through the method chosen by the Customer.
Art. 12. In the event that the Customer places an order for Goods in one of the ways specified in Art. 11, the Customer shall tick the box indicated for this place on the order form that he agrees with and accepts these General Terms and Conditions and the Privacy Notice in connection with the processing of personal data by the Provider, by which it is considered that the Customer has accepted them.
Art. 13. (1) By filling in his data in the Customer's cart and by pressing the "Order" button, with which the Customer confirms the order, it is considered that the Customer has placed an order for the purchase of goods selected by him. With the order, the Customer makes an irrevocable statement that he/she wishes to purchase the ordered Goods and undertakes to pay their price, as well as the cost of delivery, if such is due. The execution of the order constitutes an electronic statement by the Client that he/she agrees not only with the General Terms and Conditions of the Platform, but also with the individual terms and conditions for the specific transaction, which he/she has read and approved himself/herself. The execution of the order has the character of a proposal for the conclusion of a contract for the purchase and sale of Goods by the Customer.
(2) The Provider shall include in the Platform interface technical means for identifying and correcting errors in entering information before the declaration of the conclusion of the contract is made.
(3) Before confirming (completing) the order by the Customer by pressing the "Order" button, the Customer has the right, by using the technical steps provided on the Platform, such as pressing the "X" button, "Refusal of order" or another similar button, to refuse the order.
Art. 14. By placing the order under Art. 11, the Customer authorizes the Supplier to contact him in any possible way when this is necessary in connection with the order made.
Art. 15. Upon completion of the order made through the order form on the Platform by a Customer with a registered Account or by a Customer who does not have a registered Account and uses the order form on the Platform as a guest (the so-called Guest Order), the Provider confirms the order by sending the email address specified by the Customer, having the nature of a confirmation of the order made, without undue delay, but no later than 5 (five) working days after the Customer has placed the order. In the event that the Supplier does not send such an email, the order is not considered accepted by the Supplier, the Supplier is not considered bound by the order and there is no obligation to deliver the ordered Goods.
Art. 16. The contract for the purchase and sale of Goods shall be deemed concluded and the order shall be deemed accepted by the Supplier from the moment of the confirmation of the order by the Supplier in accordance with Article 15.
Art. 17. In the event that it does not receive a confirmation of its order, the Customer may contact the Supplier using the contact details specified in these General Terms and Conditions.
Art. 18. A confirmation e-mail is sent to the e-mail address specified by the Customer. In case the Client has not entered a valid and correct e-mail address, the order cannot be confirmed and will not be considered accepted.
Art. 19. The placing of an order for the purchase of Goods constitutes an electronic statement by the Client that he agrees with these General Terms and Conditions, as well as with the payment of the price for the Goods, in the amount, under the conditions and according to the terms determined in accordance with Section VIII and Section IX below of these General Terms and Conditions.
Art. 20. In the absence of availability of a Goods or for other reasons, the Supplier reserves the right to refuse the order or part of the Goods from the order without owing compensation to the Customer. The Supplier may notify the Customer of the refusal or inability to deliver the ordered Goods by e-mail or telephone if the latter has provided a valid e-mail address, respectively telephone number. In this case, the Customer undertakes to pay for the delivered Goods – part of the order.
Art. 21. The Provider is not responsible for incorrectly or incorrectly filled in or provided data when placing the order. In case of incorrect or incorrectly filled in or provided data, including incomplete, incorrect or erroneous address and/or contact details, the order shall be considered invalid and the Provider shall not be obliged to perform it.
Art. 22. The Customer is responsible for the data filled in by him in the Platform and the data provided by phone to the Provider. In the event that it is established that a person has filled in/provided data to a Third Party without his consent, that person shall be jointly and severally liable with the Third Party for the price of the ordered Goods. The Customer is responsible for the correctness and completeness of all purchase data that he/she has requested through the order.
Art. 23. The Supplier has the right to refuse delivery of ordered Goods in case of doubts that the Customer does not meet the conditions for purchasing the respective ordered Goods (for example, he has entered false data or has not reached the age of majority, or for any other reason he is not entitled to purchase Goods from the Platform).
Art. 24. The Client and all persons to whom the Client has provided their access data to their Account are responsible for the orders placed through the Client's Account on the Platform. The Client is responsible for all activities that occur as a result of using his Account. The Customer undertakes not to provide his/her email address and/or password for access to persons who do not wish to place orders on his/her behalf and at his/her expense. If the Customer provides them to a person, it is considered that he has authorized him to place orders in his name and on his behalf and undertakes to pay the price of the Goods ordered by such person.
Art. 25. The images of the Goods in the Platform are of an informative and guiding nature, and the delivered Goods may differ from the images. These images are intended to create an idea of the type of goods offered, not to present it accurately. The Supplier shall not be liable and shall not owe any compensation to the Client in case of inaccuracy and/or incompleteness of the images and descriptions of the Goods.
Art. 26. All Goods are sold and delivered until stocks are exhausted, even if this is not explicitly noted in the Platform. The Provider does not guarantee the availability of the ordered Goods, regardless of whether a Goods is advertised on the Platform. In case of impossibility of delivery due to lack of availability of the Goods ordered for purchase, the Supplier may contact the Customer and provide him with information about the possibilities for the replacement of the ordered Goods.
VI. CONTENT OF THE CONTRACT
Article 27. (1) The Supplier and the Customers conclude separate contracts for purchase and sale of each of the Goods ordered by the respective Customer, although several Goods have been selected with one electronic statement and from one list of Goods for purchase.
(2) The rights of the Customer in relation to the delivered Goods shall be exercised separately for each contract of sale. The exercise of rights in connection with the delivered Goods does not affect and has no effect on the contracts for the purchase and sale of the other Goods. In the event that the Customer 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 Customer.
Art. 28. When exercising the rights under the contract of sale, the Customer is obliged to indicate precisely and unambiguously the Goods in respect of which he exercises the rights.
VII. REFUSAL OF THE SUPPLIER'S COUNTRY
Art. 29. The Provider has the right to refuse to conclude a contract and/or to accept and/or execute an order from the Client without owing compensation or other action or payment to the Client when:
The customer is incorrect;
the information provided by the Client is incomplete, incorrect or invalid;
the actions of the Client may harm the Provider or related persons;
the Client's conduct is contrary to law, morality or commercial practices.
Art. 30. The Supplier has the right to refuse the delivery of ordered Goods without liability for non-performance and in the following cases:
the information provided by the Client is incomplete or incorrect;
the actions of the Client may damage the Provider;
The Customer has not paid for Goods purchased from the Supplier.
Art. 31. The Provider has the right to treat the Client as incorrect also in cases where:
there is non-compliance by the Client with the General Terms and Conditions;
incorrect, arrogant or rude treatment of the Provider's representatives has been established;
Systematic abuses by the Client against the Provider have been established.
Art. 32. The Supplier may not deliver part or all of the Goods of the order for various objective reasons, including, but not limited to, due to the exhaustion of their stock, in which case the Supplier shall not owe compensation to the Customer. The Provider sends a notification to the e-mail or notifies the Client by phone about the refusal or inability to deliver all or part of the Goods if the latter has provided a valid e-mail address, respectively telephone number. In this case, the Customer undertakes to pay for the delivered Goods – part of the order.
VIII. PRICES
Art. 33. The prices of the offered Goods are those indicated on the Provider's Platform at the time of placing an order, except in cases of obvious error. In case of obvious error, the Supplier reserves the right to receive from the Customer the actual price of the Goods ordered by the Customer.
Art. 34. By ordering the Goods, the Customer undertakes to pay the price of the Goods and the cost of delivery, separately from the price of the Goods, where such is due under these General Terms and Conditions.
Art. 35. The prices of the Goods are Euro (EUR) and are final prices including all taxes and fees, including value added tax. For informational purposes, prices can also be indicated in Bulgarian leva.
Art. 36. The final amount due by the Customer is the sum of the price of all individual Goods ordered by the Customer plus the delivery price, if any.
Art. 37. The cost of delivery is not included in the price of the Goods and is paid additionally by the Customer.
Art. 38. The Provider reserves the right to change at any time and without notice the prices of the Goods offered on the Platform and/or the price for delivery, and such changes will not affect already confirmed orders.
Art. 39. The Provider may provide discounts for the Goods offered on the Platform in accordance with the requirements of the Bulgarian legislation and rules determined by the Provider. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts may be granted in various forms (e.g. promotions, promo codes, loyalty discounts provided individually, randomly or as a result of participating in a competition or customer survey).
Art. 40. Different types of discounts cannot be combined when ordering and buying the same item.
IX. PAYMENT METHODS
Art. 41. In case the Client wishes to issue and has the right to receive an invoice or other accounting document for payment made by him at a price for purchased Goods, the Client is obliged to provide all necessary information for the purpose of accounting for the sale, respectively for the issuance of an invoice in accordance with the Bulgarian legislation in force, when placing an order for the purchase of Goods.
Art. 42. If the Customer has stated through the Platform that he wishes to receive an invoice, the Supplier will issue to the Customer an invoice for each payment on an order through which the Customer has purchased the Goods. The invoice includes the price of the Goods. The invoice also includes the cost of delivery when the purchase is for an amount below a certain amount indicated on the Platform. In this case, the delivery is paid by the Customer.
Article 43. If the Client has stated through the Platform that he/she wishes to receive an invoice, the Provider sends the invoice to the Client on the e-mail specified by the Client or uploads it to the relevant section in the Client's Profile, in case the latter has a registered one. The Supplier may also send the invoice together with the Goods upon delivery to the Customer.
Article 44. The Customer owes payment within 3 (three) days from the order of the Goods, when the payment is made by bank transfer. The Provider issues an invoice within 5 (five) days of receipt of the payment, if such is required by the Client or is due to him by law. When the Goods are paid by bank transfer, the Supplier makes delivery of the Goods only after receiving payment of the full amount of the price of the Goods, together with the cost of delivery, if such is due. In this case, all deadlines for the fulfillment of the Supplier's commitments in connection with the sale and delivery of the Goods begin to run from receipt of payment of the price of the Goods, together with the price of delivery, if such is due.
Article 45. The Customer may pay the price of the ordered Goods by using one of the following options:
by bank transfer;
with a credit or debit card via a virtual POS terminal.
Art. 46. The Provider has the right to add payment methods through integration with Third Party Payment Service Providers.
Art. 47. The bank accounts of the Supplier to which the Goods should be paid are indicated on the confirmation page of the Platform and/or in the order confirmation email.
Art. 48. All payments are made in euros (EUR).
Art. 49. If the Provider chooses a payment method involving a Third Party Payment Service Provider, the Client may be bound by the terms and conditions and/or fees of such Third Party. In this case, the Client agrees and accepts the rules and policies for using the services of the Third Party Partners of the Provider through which the payment is made.
Art. 50. The Provider shall not be liable if a payment method involving a Third Party Payment Service Provider is unavailable or otherwise unavailable for reasons that cannot be attributed to the Provider.
Art. 51. When the Customer returns the Goods with the right to a refund of the amount paid for any reason, the price subject to a refund is reduced by the value of the received discount applied to the Goods and only the amount actually paid is refundable.
Art. 52. When paying by bank transfer, bank fees/commissions may be charged to the Client, determined unilaterally by the respective bank/financial institution.
Art. 53. All bank and other fees, bank commissions and third party commissions in connection with payment, exchange rate losses or foreign exchange commissions and other costs and fees related to payments are at the expense of the Client. The Client undertakes to perform all necessary actions and pay all necessary accompanying fees and costs so that the Provider receives the full amount of the price of the ordered Goods.
Art. 54. The right of ownership of the Goods passes to the Client with confirmation of the order by the Client. Until now, they are considered the property of the Provider.
Art. 55. The Supplier has the right to refuse the delivery of Goods when the Customer has not paid for other Goods purchased from the Supplier, including when the price of the delivery itself has not been paid.
Article 56. Delivery costs are paid by the Customer, except in the case of delivery of Goods above a certain amount (specified on the Platform), in which case the delivery costs are borne by the Supplier.
Art. 57. The delivery price is paid by the Customer together with the price of the Goods, incl. and in advance and by bank transfer.
X. GOODS SUPPLY CONDITIONS
Art. 58. The delivery of the ordered Goods is carried out by the following means at the choice of the Supplier:
by courier service from a Third Party selected by the Provider. For the purposes of these General Terms and Conditions, this is the courier company Speedy AD, as well as any other courier company chosen by the Supplier;
delivery to the office of the courier company;
delivery to an address specified by the Customer;
Receiving a place in the Supplier's business premises.
Art. 59. Deliveries from the Platform are made to addresses only on the territory of the Republic of Bulgaria.
Art. 60. Delivery is made to the first entrance door of the building, indicated as the destination address.
Article 61. Before sending the ordered Goods, the Supplier has the right to contact the Customer at the phone and/or email address specified by him in order to specify the details of the order and/or delivery.
Art. 62. The Provider shall not be liable for non-performance of an order in cases where the Customer has provided incorrect, incomplete and/or inaccurate personal data, including when he has provided an incomplete, inaccurate or fictitious address or telephone number.
Art. 63. Delivery is made by the Supplier after the Supplier has sent the Customer an electronic message (email) with a confirmation of completion and with information about the expected date of shipment, bill of lading number, invoice and/or other important information at the Supplier's discretion. Until sending an e-mail with a confirmation of performance, there is no commitment for the Supplier to deliver the Goods to the Customer. In the event that the information sent by the Supplier to the Customer with the confirmation of performance provides for longer delivery periods or for the fulfillment of other obligations, as well as if other conditions are provided that must be fulfilled before delivery of the Goods, although not provided for in these General Terms and Conditions, these terms and/or conditions will bind the Customer and he agrees to be bound by them.
Art. 64. (1) The delivery offered by the Supplier is standard delivery. The time limit for order processing and delivery of the Goods by the Supplier to a Third Party Courier is 5 (five) working days (depending on stock availability), except for orders placed Friday after 15:00 Friday, Saturday, Sunday, weekend and holidays, where the time limit may be longer. The deadline for delivery by the courier is according to the courier's schedule. The delivery period starts from the moment when the Supplier has sent the Customer an e-mail confirming the execution of the order, in accordance with Article 63.
(2) If the Supplier is unable to deliver the ordered Goods or part of them because he does not have the ordered Goods, he is obliged to notify the Customer and refund the amounts paid by him.
Art. 65. When the Customer has chosen payment by bank transfer, the delivery period begins after the Customer has paid the full amount of the price of the Goods, together with the cost of delivery, when the Customer owes payment for the delivery.
Art. 66. In exceptional or unforeseen circumstances (including, but not limited to, a sharp change in weather conditions, severe weather conditions, pandemics, a declared state of emergency by an act of a state authority, the inability of a courier to make the delivery or deliver the Goods on time, etc. circumstances at the discretion of the Supplier) the Supplier reserves the right to extend the delivery period by promptly informing the Customer thereof, without owing any compensation to the Customer.
Art. 67. The Supplier sends the Goods to the address specified by the Customer.
Art. 68. In case of an error in the specified address, due to which the Customer cannot be found at the address, the Supplier will contact the Customer to specify the address, as the cost of delivery to the correct address is at the expense of the Customer and the Customer should pay them upon receipt of the ordered Goods together with the cost of delivery to the wrong address, if they were originally due.
Article 69. In the event that the Customer is not found within the delivery period at the address specified by him or access and conditions for delivery of the Goods are not provided within this period, the delivery shall be returned to the courier's office upon request of the Customer, respectively shall be returned to the Supplier's office, and the Supplier shall be relieved of his obligation to deliver the ordered Goods and shall not be liable for delay or lack of delivery of the Goods. The Customer may confirm his/her wish to receive the Goods after the expiration of the delivery period in which he/she was not found at the address or his/her name does not appear at the address, assuming all costs of re-delivery. In this case, a new delivery period starts to run respectively from the moment of confirmation under the previous sentence.
(2) The Supplier or a representative of the courier company undertakes to notify the Customer by phone or email if sudden and/or unforeseen circumstances occur that prevent the timely execution of the delivery.
Art. 70. The parties agree that when delivery is made by a third party courier, in case of untimely delivery, the Supplier shall not owe compensation to the Customer, shall not be liable for destruction or damage to the Goods or packaging upon delivery. All claims of the Client in connection with such defects and damages should be addressed to the courier. The supplier is not responsible for non-compliance with the delivery deadlines by the courier or the logistics service provider, including if the recipient of the delivery has not been found at the address, the delivery has been delayed, delivered to the wrong address by the courier, etc.
Art. 71. The details regarding the delivery of the Goods by courier, including but not limited to those regarding the delivery period, do not constitute a contractual obligation on the part of the Supplier and the Customer is not entitled to compensation if the date on which it was announced by the Supplier that he will deliver the Goods is not met. The courier is responsible for them.
Art. 72. If it is impossible or difficult to serve personally on the recipient of the delivery, the parcels are served on a person with a place of work or residence at the address or who is at the address at the time of delivery. The Client agrees that the Goods purchased by him/her shall be handed over to such Third Party who agrees to receive the Goods on behalf of the Client and to hand them over to him/her, as well as to sign the relevant documents and/or pay the amounts due.
Art. 73. In case of untimely delivery, the Provider shall not owe compensation or penalty to the Client.
Art. 74. The ordered goods will be properly packed together with the accompanying documents.
Art. 75. (1) The Customer is obliged to review the Goods at the time of delivery and delivery and to immediately notify the Provider in the Platform (to the indicated in the same electronic (email) address, telephone or chat) in case of discrepancies, shortages and damages. In case of violations in the appearance of the Goods, which occurred during transport, the Customer must contact the courier (supplier) at the time of delivery, who must draw up and submit to the Customer a protocol for damaged shipment.
(2) If the Customer does not notify the Supplier in the Platform pursuant to paragraph 1, it is assumed that the delivery has been accepted without objections, and the Customer loses the right to later claim that the Goods have been delivered to him with obvious shortages, defects or damages. The risk of loss of or damage to the Goods shall pass to the Customer at the time when the Customer or a third party other than the carrier designated by the Customer accepts the Goods.
XI. RIGHTS AND OBLIGATIONS OF THE PARTIES
Art. 76. The customer has the right to:
use the Platform as long as it complies with its obligations under these General Terms and Conditions and pays the prices specified by the Supplier for the purchase of Goods;
to refuse to use the Platform and the Services provided through it at any time by deleting its Account by selecting the "Delete Account" function or another similar function of the Platform. In this case, the Customer owes payment of all Goods ordered by him before the moment of refusal / deletion / deactivation of his Account, if he has not expressly refused to complete the order for the same in accordance with these General Terms and Conditions.
Article 77. The Client understands and agrees that the Provider has the right to decide which actions of the Client constitute a violation of these General Terms and Conditions, as well as to take appropriate measures to remedy the violation.
Article 78. The Client understands and agrees that the Provider has the right, in the assessment of a potential risk to the security and/or disruption of the normal operation of the Platform or any part of it, in case of violation or suspicion of violation of the General Terms, the law or the rights of third parties when using the Platform, as well as if the Client does not pay on time ordered Goods offered on the Platform, at its own discretion unilaterally and without notice or notice to suspend the provision of the Services to the Client, to suspend temporarily or permanently the Client's access to the Platform, as well as to delete/terminate/block the Client's Account temporarily or permanently without owing compensation or other kind of compensation to the Client. In this case, the termination of Services and the deletion of information will not be considered a breach of the Provider's contractual obligations, and in this case the Provider is not responsible for the loss of data by the Client or other type of damages suffered by the Client or third parties in the form of losses or lost profits.
Art. 79. The Client understands and agrees that the Provider has the right unilaterally and without notice or notice to suspend temporarily or permanently the Client's access to the Platform, as well as to delete/terminate/block the Client's Profile temporarily or permanently or to delete the information uploaded by the Client on the Platform in the event that due to the fault and/or as a result of the actions of the Client, including in case of violation of legal provisions, rights of Third Parties or these General Terms and Conditions, the Provider is sanctioned by its contractors or other Third Parties, including if a financial penalty is imposed on it, if its rights to use services are restricted, privileges or similar are withdrawn, or it receives a warning of such penalty. In this case, the Client owes the Provider compensation for all damages suffered, including pecuniary penalties, compensations, indemnities and any other amounts paid by the Provider in connection with the violation, including attorney's fees. Termination of the Services and deletion of the information in this case will not be considered a breach of the contractual obligations of the Provider and the Provider shall not owe any compensation or other kind of compensation to the Client.
Art. 80. The Provider has the right at any time, without notice or notice, to extend or limit the scope of the Goods and Services that it provides through the Platform, to change the conditions, method of access, registration, etc. The Provider is not liable to the Client for damages and lost profits of the Client as a result of restricting or changing the Goods and Services that the Provider provides through the Platform. Where such changes lead to an amendment of these General Terms and Conditions, the procedure set out in Section XVII below shall apply.
Article 81. The Provider may include in its Goods and Services and those provided by Third Parties. The Provider cannot and is not responsible for the quality of the services provided by Third Parties and is not responsible for damages to the Client as a result of problems with the Goods and Services by these Third Parties.
Responsibilities and Obligations of the Client
Article 82. When using the Platform and the Services offered on it, the Client undertakes to comply with these General Terms and Conditions, the applicable Bulgarian legislation, the applicable international laws, the law of the European Union and the law of the country from which the Client is or from which he uses the Services, the instructions of the Platform and the additional instructions of the Provider, the rules of morality and morality, as well as to respect the rights and legitimate interests of Third Parties.
Article 83. The Client undertakes not to enter, load, store, distribute, use, transmit, provide or publish on the Platform links to information, data, text, files, software, photos, video or audio materials, messages, as well as any other materials and content:
1. which contravene the applicable legislation, violate copyrights, trademarks or other intellectual property rights, violate the rights and freedoms of a person under the Constitution of the Republic of Bulgaria and the applicable Bulgarian and international acts, the law of the European Union, the country from which the Client is or from which he uses the Services or violate the rights of any third party or which contain personal data;
2. who advocate discrimination, fascist, racist or other anti-democratic ideology;
3. who harm the reputation and reputation of others and call for a violent change of the constitutional order, the commission of a crime, violence or incitement to racial, national, ethnic or religious enmity or hatred;
4. who violate the property or non-property rights of Third Parties, including copyrights and related rights;
5. that contain pornography, sexual assault, as well as links to websites or websites with such content;
6. that contain computer viruses, Trojan horses, exploits or other malicious code or software;
7. misleading and false materials or sites for the purpose of fraud and unlawful acquisition of information.
Art. 84. The Client undertakes not to interfere with the proper functioning of the Platform, including, but not limited to, not to interfere with the access of Third Parties to it, not to make unauthorized access, not to violate or impede the access of other Clients, visitors and other Third Parties, not to impair or impede the availability, reliability or quality of the Services in relation to other Clients, visitors and other Third Parties.
Article 85. The Client undertakes not to carry out prohibited activities or activities through the Platform without the existence of a permit/registration/licence to carry out such activities, if such are required by law.
Article 86. The Client undertakes to immediately notify the Provider of any known case of committed or detected violation when using the Platform, including by its representatives or Third Parties.
Art. 87. The Client may not use or allow Third Parties to use the Platform and/or its Account to undertake and carry out attacks and malicious actions against any other computer system connected to the Internet.
Art. 88. The Client is responsible for the confidentiality of his/her access data to his/her Account (email address and password) and assumes full responsibility for activities/actions performed through his/her Account or the Platform in case there is no registered Account. In case of doubt that for any reason the confidentiality of his data is under threat, the Client must immediately notify the Provider. If he has not done so, it is considered that all actions through the Client's Account or through the Platform, using the Client's data, have been made by him personally and he is responsible for them, including the payment of all ordered Goods on his behalf and at his expense.
Article 89. When the Client grants access to use and manage his/her Third Party Account, he/she shall be liable for the actions of such persons as if they were his/her own, and shall be obliged to indemnify the Provider for all damages caused as a result of the use of the Services by Third Parties to whom the Client has granted access, including inadvertently or in error.
Art. 90. The Client undertakes not to publish materials containing viruses or other programs whose purpose is to destroy or damage the Platform or any other system, as well as materials with prohibited, obscene, defamatory, threatening or malicious content for the Provider or for a Third Party. The Provider reserves the right to remove and/or edit such materials. In case of non-fulfilment of these obligations, the Client owes to the Provider the payment of compensation for damages and lost profits for each violation separately.
Article 91. In all cases, the Client is responsible and undertakes to indemnify the Provider for all damages (losses and lost profits) that it has caused directly or indirectly to the Provider as a result of violation of the law, the rights of third parties or these General Terms and Conditions by the Client, including related to the performance of operations through the Platform, unlawful, illegal or contrary to these General Terms and Conditions use of the Platform and/or publication of content. Upon finding such actions, the Provider has the right to suspend the provision of the Services and suspend the Client's access to his/her Account and/or the Platform temporarily or permanently without due notice or warning and without being liable to the Client for damages or loss of data. Unlawful use also occurs when the use of the Services is performed, including the use of software or other means that impede the work or interfere with the normal functioning of the Platform of the Provider, as well as the dissemination of information that violates the legal provisions, the rights of third parties or these General Terms and Conditions.
Art. 92. The Client shall not be entitled to provide as its own the Services received from the Provider.
Art. 93. The Client provides the necessary computer equipment, operating systems, software and Internet access for the use of the Services.
Art. 94. In the event of a problem with the access or use of the Platform, the Client will notify the Provider of the email address published on the Platform or through the contact form of the Platform. The provider will make all reasonable efforts to remedy the problem.
Art. 95. The Client undertakes to indemnify and hold harmless the Provider from legal claims and other claims of Third Parties (whether justified or not), for all damages and costs (including attorneys' fees and court costs) arising from or in connection with (1) non-performance of any of the obligations under this contract, (2) infringement of copyright or other intellectual or industrial property rights, (3) unlawful transfer to other persons of the rights granted to the Client for the term and under the terms of the contract and (4) false declaration of the existence or absence of consumer status within the meaning of the Consumer Protection Act.
Liability and Obligations of the Provider
Art. 96. The Provider has no obligation to monitor the information and materials that the Client uploads to the Platform, if any, as well as to check whether they comply with the current legislation, whether they violate the rights of Third Parties or these General Terms and Conditions.
Art. 97. The Provider is not responsible for the stored, distributed, used, transmitted information, data, text, files, software, photo, video or audio materials, messages, links and references, as well as any other materials and content uploaded by the Client to the Platform, as well as for the activity of the Client.
Art. 98. The Goods and Services provided by the Provider through the Platform do not cover the provision of computer equipment, software and connectivity for the transmission of databases or information packages between the Client and the Provider and the use of the Services as a whole.
Art. 99. All content on the Platform is provided "as is" without any warranties by the Provider of any kind or nature, express or implied, rejects and excludes all other warranties, including but not limited to: availability, accuracy, reliability, timeliness, completeness, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or other related rights. Apart from the above, the Provider does not warrant or make any representations regarding the accuracy, probable results or reliability of the use of such materials for any purpose or result of the Services provided.
Art. 100. The Provider hereby disclaims and excludes any representations or warranties that the Platform is compatible with any operating system, mobile device, computer platform or browsers that the Client may choose to use, other than those expressly recommended by the Provider. In addition, the Provider disclaims any warranties that the Platform, including any future fixes, modifications, updates, enhancements, new versions or new models, will be compatible with new versions of the operating system, computer platforms and browsers within a specified time or at all.
Article 101. The Provider does not guarantee that access to the Platform will be uninterrupted, secure and error-free, insofar as this is beyond the capabilities, control and will of the Provider.
Article 102. The Provider provides reasonable technical protection of the Platform.
Art. 103. At the request of a competent state authority in the cases established by law, the Provider is obliged to provide any information and materials at its disposal concerning the Client. In accordance with the requirements of the current legislation, the Provider stores the data and information of the Client, located on its servers, and provides them to the competent state authorities in cases where this is necessary to preserve the rights, legitimate interests and security of the Provider or third parties, as well as in cases where they are required by the relevant state authorities in due order.
Art. 104. Failure by the Provider to exercise any right or provision under these Terms and Conditions shall not constitute a waiver of any future exercise of that right or application of that provision. The waiver of such right or provision shall be effective only if made in writing and signed by a duly authorized representative of the Provider. Unless expressly stated in these General Terms and Conditions, the exercise by either party of any of the remedies under these General Terms and Conditions will not affect its other remedies under these General Terms and Conditions or others provided for in applicable law.
XII. LIMITATION OF LIABILITY
Art. 105. The Client understands and agrees that all risk arising from access to and use of the Platform remains with the Client. Neither the Provider nor any Third Party involved in the creation, production or delivery of the Platform or any services provided through the Platform shall be liable for any direct, incidental, indirect or consequential damages, including lost profits, loss of data or loss of reputation, service interruption, computer, mobile device or system failure, or for any damage from personal or bodily injury or emotional suffering arising out of or in connection with these Terms and Conditions, from the use or inability to use the Platform or any services provided through the Platform, whether based on warranty, contract, tort (including negligence), product or service liability or other legal theory, and whether or not the Provider has been informed of the possibility of such damage.
Article 106. The Provider shall not be liable for any damages, penalties and/or compensations to the Client for:
Destruction or loss of data owned by the Client for reasons beyond the control of the Provider;
Inability of the Client to use the Platform for reasons beyond the control of the Provider;
Claims by Third Parties against the Client during and on the occasion of the use of the Platform;
Unlawful use of the Platform by the Client;
Loss of data, losses or lost profits as a result of actions or inactions of the Client, including in case of non-compliance with these General Terms and Conditions;
Loss of data, suffered losses or lost profits as a result of actions or inactions of Third Parties, which are beyond the control of the Provider;
If the Client is unable to access the Platform and use the Services due to lack of hardware, software or good internet connection, as well as if he is unable to access due to problems beyond the control of the Provider (hardware, software problem, Internet connectivity problem, etc.).
Article 107. The Provider shall not be liable for damages caused to the software, hardware or electronic communication facilities, or for loss of data resulting from materials or resources searched, loaded or used in any way through the Services provided by the Provider.
Art. 108. The Provider shall not be liable for any damages or lost profits suffered by the Client or by Third Parties as a consequence of the termination, suspension, modification or limitation of the Services or the Client's access to its Account, Platform and/or Services, as well as the deletion of materials or content, in cases of non-fulfilment of obligations of the Client and the exercise of related rights of the Provider.
Art. 109. The Provider shall not be liable for failure to provide the Services offered by him or for inability of the Client to access his Account, the Platform and/or the Services in the event of circumstances beyond his control - cases of force majeure, accidental events, actions or inactions of Third Parties, orders of the competent state authorities, problems in the global Internet network and in the provision of services, as well as in case of unauthorized access or intervention of Third Parties in the functioning of the information system or servers, and the Provider will take all reasonable measures to limit such interventions.
Art. 110. The Provider is not responsible for non-provision of the Services offered by him or for the inability of the Client to access his Account, the Platform and/or the Services in case of non-compliance with the instructions and technological requirements for using the Platform, improper handling of equipment or software, as well as as as a result of tests performed by the Provider for the purpose of checking equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the Platform and those provided through the Services. The Provider has no obligation to seek facts and circumstances indicating the performance of an unlawful activity.
Art. 111. The Provider is not responsible for interrupted access to the Platform, as well as for the non-processing or untimely processing of orders for the purchase of Goods, including in the event of circumstances beyond its control - force majeure, accidental events, problems with the Internet network, pandemics, a state of emergency declared by an act of a state authority, etc.
Art. 112. The Provider shall not be liable for any problems arising as a result of force majeure, or for reasons other than software error, when it has not been fixed at the first opportunity, as well as when the Client has entered false or erroneous data or has used the Platform without complying with these General Terms and Conditions, the Provider's instructions or the provisions of the law.
Art. 113. The Provider shall not be liable for damages caused by the Client to Third Parties.
Art. 114. (1) The Provider shall not be liable in the event of overcoming the security measures of the technical equipment and as a result loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Provider shall not be liable in the event of conclusion of a contract of sale, provision of access to information, loss or change of data due to false legitimation of a Third Party impersonating the Client, if it can be inferred from the circumstances that this person is the Client.
Article 115. In all cases, the liability of the Supplier, when it can be engaged, is limited to the amount paid by the Customer for a Goods, which he has not received for reasons for which the Supplier is responsible.
XIII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER BY CONSUMER PROTECTION AND BY CONSUMER PROVISION AND DIGITAL SERVICES AND GOODS SALES ACT
Article 116. The rules of this Section XIII of these General Terms and Conditions apply only to Customers for whom, according to the data indicated at the conclusion of the contract of sale or at the time of registration in the Platform, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Act on the Supply of Digital Content and Digital Services and on the Sale of Goods and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011, which are referred to in this Section as Customers-consumers.
Article 117. (1) The main characteristics of the Goods offered by the Provider in the Platform are defined in the profile of each good in the Platform.
(2) The price of the Goods, including all taxes and fees, is determined by the Supplier in the profile of each Goods in the Platform.
(3) The value of postal, courier or transport costs not included in the price of the Goods shall be determined by the Supplier and shall be provided as information to the Customers-consumers when selecting the Goods for the conclusion of the contract of sale.
(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 Customers-users through the mechanisms in the Platform.
(5) The information provided to the Customers-consumers under this article is up-to-date at the time of its visualization in the Platform, before the conclusion of the contract of sale.
(6) Customers-users agree that all information required by the Consumer Protection Act may be provided through the Platform interface or e-mail.
Art. 118. (1) Customers-consumers agree that the Supplier has the right to accept an advance payment for the contracts concluded with Customers-consumers for the purchase and sale of Goods and their delivery.
(2) The Customer-user chooses independently how (depending on the payment methods specified in the Platform) to pay the Supplier the price of the ordered Goods and the price for delivery of the same, if due.
XIII. RIGHT OF REFUSE
Art. 119. (1) The consumer-customer shall be entitled, without indemnity or penalty and without giving any reason, to withdraw from the concluded contract for the purchase and sale of Goods within 14 (fourteen) days from the date of acceptance of the delivered Goods by the consumer-customer.
(2) Renunciation may be effected by completing and sending the following standard withdrawal form, the use of which is optional:
STANDARD FORM FOR EXERCISE OF THE RIGHT OF WITHDRAWAL OF THE CONTRACT
To BALEAJ HOUSE EOOD, UIC 201104413, with its registered office and head office at: 1000 Sofia, Mladost district, Eurotour Business Centre, 12, Mihail Tenev Street, 1st floor, app. 2, Email address: houseofbalayage@gmail.com, phone: +359876657066;
I hereby inform you that I withdraw from my contract for the purchase of the following goods: .......................................................................................................
.......................................................................................................................................
(describe in detail the goods and their quantity).
Order Date: .......................................(indicate the date of order of the goods)
Date of receipt:...................................(indicate the date of receipt of the goods)
Name of Client: ............................................................ (write your name)
Client's address: ....................................................................................
................................................................................................... (write your address)
Email address of the Client: ........................ (write your email address)
Signature of the Client: ................................................... (if the form is on paper)
Date of notification: .................................................................................
(3) When filling in and sending the refusal electronically by email, the Provider shall immediately send to the Client a confirmation of receipt of his refusal on a durable medium.
(4) In order to comply with the withdrawal period, the Customer-user must send his/her communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
(5) In order to exercise the right of withdrawal, the Customer-user must notify the Supplier of his name, address, telephone number and e-mail address, as well as of his decision to withdraw from the contract with an unambiguous statement (for example, a letter sent by post, courier or e-mail).
(6) If the Customer-consumer withdraws from a concluded contract, the Supplier will refund the payments received from the Customer-consumer for the purchased Goods, and the Customer-consumer must bear the cost of returning the Goods in the event of exercising the right of withdrawal. Upon return by the courier who delivered the Goods, the price of the return is according to the courier's tariff. If the Customer-user chooses another way of return, the price for the return is determined according to the way the Customer-user has chosen.
(7) The right of withdrawal and return referred to in paragraph 1 shall not apply in the following cases:
for Goods which are not in their original packaging or parts thereof are missing;
for goods whose packaging has been unsealed;
for Goods of poor appearance and/or disturbed commercial appearance and visible traces of use;
for sealed Goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
for the supply of goods which, after delivery and by their nature, have been mixed with other goods from which they cannot be separated;
for Goods made by order of the Customer-user and/or according to his individual requirements;
for Goods which by their nature may deteriorate or have a short shelf life.
(8) Where the Supplier has not fulfilled its obligations to provide information set out in the Consumer Protection Act, the Customer-consumer has the right to withdraw from the concluded contract within one year and 14 (fourteen) days from the date of receipt of the Goods. Where the information is provided to the Customer-user within the withdrawal period, it shall start to run from the date of its provision. The Customer-user shall have the right to make the withdrawal statement under this Article directly to the Supplier through the uniform withdrawal form under paragraph 2 of this Article, which form is also available on the Platform.
(9) Where the Customer-consumer has exercised his right of withdrawal, the Supplier shall refund all amounts received from the Customer-consumer, including delivery costs, without undue delay and no later than 14 (fourteen) days from the date on which he was notified of the Customer-consumer's decision to withdraw from the contract. The Provider refunds the received amounts using the same means of payment used by the Client-user in the initial transaction, unless the Client-user has expressed his explicit consent to the use of another means of payment and provided that this is not related to costs for him. Any costs for incoming transfers or exchange rate losses, as well as the commissions charged by the Bank, shall be borne by the Client-User.
(10) The responsibility for proving the duly exercised right of withdrawal lies with the Customer-user.
(11) The Supplier shall not be obliged to reimburse the additional costs of delivery of the Goods when the Customer-consumer has explicitly chosen a method of delivery of the Goods other than the cheapest type of standard delivery offered by the Supplier.
(12) When exercising the right of withdrawal, the costs for returning the delivered goods shall be deducted from the amounts for reimbursement under paragraph 9, except in the cases when the Customer-consumer organizes the return of the Goods himself and at his own expense.
(13) The Customer-consumer undertakes to store the Goods received from the Supplier and to ensure the preservation of their quality, quantity and safety during the period referred to in paragraph 1.
(14) Where the Supplier has not offered to collect the Goods himself, he may withhold the payment of the amounts to the Customer until he has received the Goods back in the form described below or until the Customer-user provides proof that he has sent the Goods back, whichever is the earlier.
(15) The Customer-consumer shall return the Goods to the address of the Supplier's management and/or the address of the Supplier's business premises not later than 14 (fourteen) days after the day on which he informed the Supplier of his refusal. The deadline shall be considered met if the Customer-user sends or delivers the Goods back to the Supplier before the expiry of the 14-day period. In the event that the Customer does not fulfill his obligation to return the Goods within the above-mentioned period, without notifying the Supplier of any delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement to exercise withdrawal from the contract.
(16) Notwithstanding the above hypotheses, the Customer-consumer undertakes to return the Goods in the form in which they were received, without being opened, unpacked, without being tampered with and without missing elements of the packaging or contents, i.e. in a commercial form that allows its subsequent sale, including, but not limited to, a destructible box, airtight packaging and other similar cases. In the event of a violation of the commercial appearance of the Goods, the Supplier has the right, at its own discretion, to refuse to accept a withdrawal from the contract or to charge the Customer-user costs for the reimbursement of the Goods in commercial form.
(17) In the event of exercising the right of withdrawal under this Article, it is considered that the Customer-consumer has also exercised a right of withdrawal with regard to the bonus content belonging to the Goods, if any, and has an obligation to return it.
XIIIb. APPLICATIONS TO THE PROVIDER
Art. 120. (1) The Customer-user has the right to submit a complaint to the Provider at the following e-mail address: houseofbalayage@gmail.com, as well as by letter on paper addressed to the addresses of the Provider indicated in these General Terms and Conditions.
(2) The complaint must contain at least the name of the Customer-user, his e-mail address or postal address, as well as a description of the relevant irregularity. In case the data or information in the complaint is insufficient, the Provider may contact the Customer-user before taking a position on the complaint or filling in the missing data.
(3) The appeal shall be filed no later than 30 (thirty) days after the occurrence of the ground for the appeal. The Provider has the right to refuse to deal with complaints submitted after the expiry of this period or not meeting the above requirements.
(4) The Provider shall examine the complaint within 14 (fourteen) days after the date of its receipt. A reply to the complaint shall be sent to the e-mail address or postal address from which the Customer-user has sent the complaint.
The thirteenth. ADVERTISEMENTS
Art. 121. (1) The Customer-consumer has the right to submit a claim to the Supplier when the delivered Goods clearly do not correspond to the ordered by him.
(2) Goods shall be deemed to be in conformity with the contract of sale where:
has the characteristics indicated on the Platform and is fit for the normal use for which the goods of the same type serve;
possesses the usual qualities and characteristics of the goods of the same type that the Customer-user can reasonably expect, taking into account the nature of the goods and the description of its specific characteristics made on the Platform.
(3) The claim of the Customer goods may be filed by the Customer within two years from the delivery of the Goods, but not later than two months from the establishment of the non-conformity with the agreed. The legal guarantee in favor of the Customers is two years from the delivery of the consumer goods.
(4) The claim may be submitted in electronic or written form to an authorized representative of the Provider by e-mail to the following e-mail address: houseofbalayage@gmail.com, by courier or post, or personally to the addresses of the Provider indicated above. The claim can also be filed orally, for which a statement of claim is drawn up.
(5) When making a claim, the Customer-user must indicate his/her data, the subject of the claim, his/her preferred way of satisfying the claim, respectively the amount of the claimed amount, as well as the contact address, including an e-mail address (e-mail address). When submitting the claim, the Customer-user must return the advertised Goods at his/her own expense and attach the documents on which it is based, including: payment documents, protocols, acts or other documents establishing the non-conformity of the Goods with the agreed and other documents supporting and establishing the claim. For the advertised defect, the Parties shall sign a statement of findings, to which shall be attached photographs and samples of the advertised products. When the delivery is made by a courier, the protocol should be signed by the Customer and the courier in order for the claim from the Supplier to be considered.
(6) In the absence of agreement between the Provider and the Client on the content of the protocol or on the nature of the deficiencies, the Parties shall engage an independent expert/expert committee.
(7) The provider cannot accept the claim if the relevant documentation or an appropriate alternative is not provided.
(8) Claims for shortages and other obvious defects, including damage during transportation or delivery, may be made in writing upon acceptance of the goods by the Customer-user, respectively, shall not be accepted if they are not made at the time of delivery of the Goods. Otherwise, the Goods shall be deemed to have been accepted without objection for lacks and obvious defects. In the event of a timely, accurate and reasonable claim for defects, the Supplier may at its own discretion replace the Goods with defects, supplement the delivery with the missing Goods or compensate the Customer-user for the defects.
(9) The Provider's team will examine the duly submitted claims within 14 (fourteen) days after their receipt and will respond to the e-mail address specified by the Customer-user.
(10) In case of established defects, when the Customer-consumer has been delivered Goods, different in type from the ordered Goods, or the delivered Goods do not comply with the contract of sale and the Supplier accepts the Customer's claim, within one month from the submission of the claim by the Customer-consumer, the Supplier will replace the delivered Goods with Goods, which corresponds to the order made by the Customer-consumer in compliance with the requirements of the Consumer Protection Act. After the expiry of this period, the Customer-consumer has the right to terminate the contract and to be reimbursed the amount paid or to request a reduction in the price of the goods in accordance with Article 33 of the ZPZTSPSPS.
(11) The goods for which the Supplier has accepted the claim of the Customer-consumer shall be returned to the address of management of the Supplier and/or the address of the Supplier's business premises at the expense of the Customer-consumer, unless the Supplier indicates another address. Goods are delivered in a complete package, in their original packaging. The risk of damage during transportation to the address of the Provider is at the expense of the Customer-user.
(12) The Provider will not accept the claim and does not owe any replacement or compensation if the Goods are not returned in the form described in these General Terms and Conditions or if the provided documents are not delivered.
(13) The Customer-consumer shall not be entitled to a claim if the non-conformity of the Goods with the contract is due to improper or inappropriate storage or other actions or inactions of the Customer-consumer, including:
In case of improper use or non-observance of the instructions and the usual practices for use of the Goods;
In case of improper, inappropriate or inappropriate operation or storage;
In case of improper or poor storage or transport;
In case of mechanical shocks or other external influences;
Attempting to rectify the defect on its own or by a Third Party;
In case of improper treatment or natural deterioration of the quality of the Goods;
In case of corrections or amendments to the invoice or other documents relating to the Goods;
When unauthorized modifications of the Goods have been made;
When the defects have occurred due to natural disasters or other causes beyond the control of the Provider;
When the Goods are unsealed after delivery;
When the conditions of these General Terms and Conditions are not met.
(14) The claim for defects of a particular Good does not give the Customer-consumer the right to refuse subsequent deliveries or payment of other Goods to the Supplier under the same or another legal relationship or order.
(15) In the event of replacement of defective Goods or payment of compensation/refund of amounts under claims accepted by the Supplier, the Customer-consumer undertakes to return the defective Goods to the Supplier, and the Supplier sets a reasonable period in which to deliver the new Goods to the Supplier after receiving the Defective Goods from the Customer-consumer or to pay the corresponding amount. The Supplier shall not be obliged to replace Goods or to pay amounts if it does not receive previously from the Customer-consumer Goods with defects.
(16) The shelf life of the Goods shall be carried out in accordance with what is stated on the product page of the Platform of the respective Goods, what is indicated on the packaging of the respective Goods and the requirements of the law.
Art. 122. (1) Legal Guarantee – this Article applies only to Customers who are consumers within the meaning of the Act on the Supply of Digital Content and Digital Services and on the Sale of Goods (ZPSSSPS).
(2) All Goods offered on the Platform have a legal guarantee of conformity in accordance with the provisions of Articles 33-38 of the ZPZTSPSPS.
(3) The supplier shall be liable for any non-conformity of the goods which exists at the time of delivery and becomes apparent within two years of delivery, in accordance with Articles 31 and 37 of the ZPZTSPSPS.
(4) The supplier does not provide an additional commercial guarantee within the meaning of Article 39 of the ZPZSZPSAS, unless such an additional commercial guarantee is expressly provided by the manufacturer of the respective Goods and is indicated in its description.
XIIId. ALTERNATIVE SOLUTION BODY
Art. 123. With regard to Customers having the status of consumers under the Consumer Protection Act and the Act on the Supply of Digital Content and Digital Services and on the Sale of Goods, any disputes, contradictions or claims arising out of or in connection with the contract for the purchase and sale of Goods or its breach, termination or invalidity may be resolved by the bodies for out-of-court settlement of consumer disputes under Article 181a et seq. and under the Consumer Protection Act. Further information can be found on the website of the Commission for Consumer Protection and on the following online dispute resolution platforms: https://consumer-redress.ec.europa.eu/index_en and https://www.mi.government.bg/library/aktualiziran-spisak-na-priznatite-organi-za-alternativno-reshavane-na-sporove-mezhdu-potrebiteli-i-targovtsi-na-teritoriyata-na-republika-balgariya/.
The XIV. PROTECTION OF PERSONAL DATA
Article 124. (1) The type of personal data that the Provider collects and processes, the manner of use and protection of personal data are described in the Provider's Privacy Notice (GDPR), which is a separate document. When registering an Account, the Customer should tick the box indicated for this place in the registration form that he agrees with and accepts the Privacy Notice (GDPR) of the Provider. In the event that the Customer places an order for Goods without having a registered Account on the Platform, the Customer should tick the box marked for this place on the order form that agrees with and accepts the Privacy Notice (GDPR) of the Supplier.
(2) The personal data entered by the Clients are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679 and the Provider processes them for the purposes and within the deadlines provided in the Personal Data Protection Notice.
(3) Subject to the Client's consent to the Privacy Notice, the Client expressly confirms that he/she agrees that the Provider shall store information and/or obtain access to the information stored in the Client's terminal equipment for the purposes and time limits exhaustively provided therein. The Client agrees that the Provider may store information and/or access the information stored in the Client's terminal equipment and on other grounds specified in the Privacy Notice (GDPR).
(4) The Client agrees that the Provider has the right to send at any time e-mails to the Client or the Client, including a newsletter or offers for the purchase of Goods, as long as there is a registration of the Client in the Platform.
(5) The Client agrees that the Provider has the right to collect, store and process data about the behavior of the Client when using the Provider's e-shop on the Platform. The Customer has the right to object to the storage or access to the information referred to in paragraph 3 in the ways provided for in the Privacy Notice (GDPR).
Article 125. (1) At any time, the Provider in the Platform has the right to require the Client to legitimize and certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) In the event that for any reason the Client has forgotten or lost his/her e-mail and password for access, the Platform Provider has the right to apply a procedure for lost or forgotten names and passwords, according to the technical capabilities of the Platform.
XV. INTELLECTUAL OWNERSHIP
Article 126. The intellectual property rights on all materials and resources located on the Provider's Platform (including available databases) are subject to protection under the Copyright and Related Rights Act, belong to the Provider and may not be used in violation of current legislation.
Art. 127. All content of the e-shop located on the Platform, including all published texts, images, photos, video materials, articles, program code, are copyrighted. They belong to the Provider and are under the protection of the Copyright and Related Rights Act. The Client has no right to copy, store, process, publish, distribute in an initial or revised form, as well as to use in any other way the texts, images or other parts of the content of the Platform. Copying and using them constitutes a gross violation of the rights of the Provider and of the mandatory provisions of the law.
Art. 128. All proprietary and non-property copyrights in the Platform, including but not limited to design, logo and other graphic elements, software, program code and functionalities, work materials and demo versions, belong to the Provider and the Provider owns the copyrights in the Platform, as well as in all its elements and components, know-how for all activities and functionalities related to the Platform. The Provider is also the owner of the Platform domain with all possible extensions. Copying and using them directly or indirectly (for example, but not limited to meta tags and other indexing or internet search techniques) without prior written permission from the Provider is prohibited and constitutes a gross violation of the rights of the Provider and the mandatory provisions of Bulgarian law.
Art. 129. Nothing in these General Terms and Conditions provides or may be interpreted as providing the Client with any rights (except the right to use services specifically provided under these General Terms and Conditions) or legal interest in patents, copyrights, trade secrets, technical data, know-how, logos, trademarks, trade names, Provider's trademarks or other proprietary rights owned, used or claimed now or in the future by the Provider or any subsidiary or affiliated companies, and the Provider reserves all such rights.
Art. 130. Clients receive only the right to use the Platform according to its usual purpose, without the right to modify or copy materials, to use materials for commercial purposes or for public display (commercial and/or non-commercial), to decompile, decompose or reverse engineer the Platform's software, to remove copyright or other intellectual property rights marks from the content of the materials, to remove copyright or other intellectual property rights marks, to provide a "mirror" copy of the materials for uploading to other servers, etc. The right of use terminates automatically in case of violation of any of the above basic restrictions and may be revoked at any time.
Art. 131. In case of copying or reproduction of information by a Client out of the permissible, as well as in case of any other violation of the intellectual property rights on the resources of the Provider, the Provider has the right to claim from that Client compensation, including for the direct and indirect damages suffered in full.
Art. 132. Except where expressly agreed, the Client may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Provider's Platform.
Art. 133. The Client has no right to access the Programming Code of the Platform and has no right to copy, store, process, modify, publish, distribute in original or revised form, as well as to use in any other way the Programming Code, texts, images or other parts of the Platform's content. Any attempt by the Client to access, copy or change the Programming Code of the Platform shall be considered a gross violation of these Terms and Conditions and the rights of the Provider.
Art. 134. When creating an Account in the Platform, the Client does not acquire any rights or licenses over the content of the Platform, the Goods, products or brands of the Provider or Third Parties.
Art. 135. The trademarks used on the Platform, as well as the domains with this name, are the property of the Provider or the Provider has the right to use them. The use of such trademark, domain or name, directly or indirectly without prior written permission from the Provider is prohibited and sanctioned by law.
Art. 136. In case of non-fulfilment of the conditions under this section, the Provider has the right to immediately terminate the use of the Platform by the Client and/or deactivate his/her Account on the Platform without notice, notice and without owing compensation or other kind of compensation to the Client, as well as to demand from the Client compensation for all damages and lost profits from the actions of the Client.
Art. 137. (1) The Client undertakes to secure the consent of all Third Parties to whom he has granted access to his Account or the Platform on his behalf and at his expense, for compliance with the copyright and other intellectual property rights of the Provider and other Third Parties under this Section.
(2) The prohibitions for violation of the copyright and other intellectual property rights of the Provider are valid for all Third Parties, regardless of whether they are registered in the Platform and/or have an Account, and in case of violation the Provider is entitled to compensation for all damages and lost profits from the actions of the Third Parties.
It's a sixteen. AMENDMENTS TO THE PLATFORM
Art. 138. The Provider has the right at any time to make changes and improvements to the Platform, as well as to the form and content of the Goods and Services provided.
Art. 139. The Provider has the right to suspend the offered Goods and Services temporarily or permanently, including if this is necessary for their updating. In such cases, the Provider shall warn the Client through the Platform.
Art. 140. In these cases, the Provider shall not be liable for damages in the form of losses and lost profits of the Clients.
Art. 141. The Provider is not responsible for errors that may occur on the Platform, including errors caused by changes, settings and other actions not performed by the Provider.
Seventeen. AMENDMENT AND ACCESS TO THE GENERAL CONDITIONS
Art. 142. (1) These General Terms and Conditions may be amended and supplemented by the Provider unilaterally and at any time. When making changes to the General Terms and Conditions, the Provider will notify the Client by e-mail or notification through the Platform. Notification shall be made within 7 (seven) days from the occurrence of the changes.
(2) In case the Client does not wish to be bound by the amended General Terms and Conditions and to use the Platform after the entry into force of the amended and/or supplemented General Terms and Conditions, he/she has the right to terminate his/her contractual relationship with the Provider and the use of the Platform, without giving any reason and without owing compensation or penalty, by sending a written notification to the Provider within one month of receipt of the notification under paragraph 1.
(3) The Provider and the Client agree that any amendment to these General Terms and Conditions shall have effect on the Client in one of the following cases:
1. after its explicit notification by the Provider in the Platform and/or by e-mail and if the Client does not declare within one month of the notification that he/she rejects them; or
2. with their explicit acceptance by the Client through his Profile or the Platform interface.
(4) The Client agrees that all statements of the Provider in the Platform, in connection with the amendment and supplement of these General Terms and Conditions, will be sent to the e-mail address indicated by the Client when registering an Account or placing an order, in case the Client does not have a registered Account on the Platform. The Client agrees that e-mails sent under this Article do not need to be signed with an electronic signature in order to have effect on him.
(5) The customer may waive the notice period referred to in paragraph 2 by means of a written statement, including by e-mail or a clear affirmative action, at any time from the receipt of the notification referred to in paragraph 1.
(6) If the Client does not notify the Provider pursuant to paragraph 2, as well as if he/she performs actions in the Platform or places orders or continues to use the Platform in another way, he/she shall be deemed to have accepted the changes to the General Terms and Conditions.
(7) Changes to the General Terms and Conditions do not affect the relationship between the Customer and the Supplier arising in connection with an order for the purchase of Goods validly submitted and confirmed by the Supplier before the notification of a change to the General Terms and Conditions, unless there is a legal basis for applying the amendments retroactively.
(8) All orders confirmed by the Provider are subject to the General Terms and Conditions that were in force at the time of confirmation.
(9) The notice period referred to in paragraph 2 shall not apply in cases where the Provider:
is bound by a legal or regulatory obligation under which it must amend its General Terms and Conditions in a manner that does not allow it to comply with the notice period referred to in paragraph 2;
must exceptionally amend its Terms and Conditions in order to overcome an unforeseen and imminent danger related to the protection of services, Customers from fraud, malware, spam, data breaches or other risks related to cybersecurity.
(10) Some changes may have retroactive effect to orders already placed for the purchase of Goods.
(11) In all cases listed in this section, the Provider shall not be liable for damages in the form of losses and lost profits of the Client.
Eighteenth. DISTRIBUTION AND TERMINATION
Art. 143. The Provider reserves the right, without notice, notice and without due compensation or other kind of compensation, to suspend access to the Services provided, including access to the Platform and the ability to purchase Goods through it. The Provider has the right, but not the obligation, at its own discretion to delete information resources and materials published on its Platform.
Art. 144. Except as provided in these General Terms and Conditions, the contract between the Parties shall also be terminated upon termination of the Provider's activity in the production and/or delivery of the Goods offered through the Platform or termination of the maintenance of the Platform without notice, notice, compensation or other compensation to the Client.
Art. 145. Except as provided in these General Terms and Conditions, each of the Parties may terminate or terminate a concluded contract in compliance with the requirements of the applicable legislation. The Customer may not claim the termination of a contract if the non-conformity of the Goods or the Service provided with the contract is insignificant.
Art. 146. These General Terms and Conditions and the Customer's purchase and sale contract with the Provider in the Platform 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 or by means of statements exchanged by email or through the Platform ;
in the event of the objective impossibility of one of the parties to the contract to perform its obligations;
when the equipment is seized or sealed by public authorities;
in case of deletion of the Customer's registration in the Platform. In this case, the concluded but unexecuted purchase and sale contracts remain in force and are subject to execution;
in the event of exercising the right of withdrawal under Article 55(1) of the Consumer Protection Act, as well as in the other cases of termination and termination of the contract for Customers-consumers provided for in the Consumer Protection Act;
in the other cases specified in these General Terms and Conditions.
Art. 147. The Provider has the right, at its sole discretion, without giving notice or notice and without owing compensation or other kind of compensation, to unilaterally terminate the contract in case it finds that the Client uses the Platform in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in e-commerce.
Art. 148. In all cases of termination of the contract, the Provider has the right to immediately remove any information, materials and content of the Client from the Platform without owing notice, notice, compensation or other kind of compensation to the Client.
Article 149. Upon termination or termination, all rights and obligations of the Parties shall be terminated, except that the Client shall not be released from its obligation to pay to the Supplier any amounts due or that will become due at the date of termination.
It's the 19th. COMMUNICATION WITH THE CUSTOMER
Art. 150. By filling in the data and contact details, the Customer gives his explicit consent to the Provider to use all technical means of communication with the Customer for which the Customer has indicated contact details.
Article 151. The provision of data and contact details by the Client does not oblige the Provider to contact the Client.
Art. 152. The language of these Terms and Conditions and communication with the Client is Bulgarian.
XX. NOTIFICATIONS
Art. 153. All notifications in connection with the relevant contract for the purchase and sale of Goods and these General Terms and Conditions will be in writing and may be delivered by registered letter, courier or email addressed to the other party at the address indicated below or sent through the Platform.
Notifications to the Provider:
Address: the postal address of the Provider indicated above.
Email: the e-mail address of the Provider indicated above.
Notifications to the Client: as specified in the Client's Profile or in the order for the purchase of Goods through the Platform, in the event that the Client does not have a registered Account on the Platform.
Art. 154. The Client accepts that all his/her statements are considered valid and that the written form is considered to have been complied with by performing the following actions by the Client: sending an e-mail message (e-mail), pressing an electronic button on the Platform with content that is filled in or selected by the Client or ticking a box (check box) on the Platform and the like, insofar as the statement is technically recorded in a way that allows it to be reproduced.
XIX. INFORMATION FOR VISITORS
Art. 155. All visitors to the Platform, whether or not they have registered, are obliged to comply with these General Terms and Conditions, as well as to refrain from any actions that would harm the rights or legitimate interests of the Provider, including not to perform actions whose purpose is to destroy or damage the Platform or any other system, as well as not to publish materials with prohibited, indecent, defamatory, threatening or malicious content for the Provider or for a Third Party. The Provider reserves the right to remove and/or edit such materials.
XXII. INVALIDITY OF SEPARATE CLAUSES
Article 156. The parties declare that if any of the clauses of these General Terms and Conditions prove to be invalid, this will not invalidate the entire General Terms and Conditions or other parts thereof. The invalid clause will be replaced by the mandatory rules of law or established practice.
XXIII. INCREASE FORCE AND OTHER CONDITIONS
Art. 157. Neither party shall be liable to the other for delay or non-performance, in part or in full, of its obligations under this contract (with the exception of pecuniary obligations) if and to the extent that such delay or non-performance is due to force majeure. Force majeure events are events beyond the control of the Party that occur after the date of conclusion of the contract and which are not reasonably foreseeable at the time of conclusion of the contract and the impact of which cannot be overcome without undue costs and/or loss of time of the respective Party. Force majeure includes (but is not limited to) war, civil unrest, strikes, lockouts and other collective labor disputes, state acts, natural disasters, extreme weather conditions, epidemics, pandemics, damage or general lack of transportation facilities, accidents, fire, explosions and general power outages.
Article 158. If either Party is affected by force majeure, it will notify the other Party in writing or through the Platform as soon as possible and will take all reasonable steps to mitigate the effect of the force majeure.
Art. 159. If a Force Majeure Event results in a delay or non-performance of either Party for a period of four (4) weeks or more, either Party shall have the right to terminate this Contract with immediate effect without liability to the other Party.
Art. 160. The Client agrees and understands that he/she cannot use force majeure as a legal basis for delay or lack of payment, if such is due.
Art. 161. The Provider shall not be liable for damages, lost profits, costs, claims or other liabilities to the Client or to Third Parties, if they have occurred as a result of non-compliance with these General Terms and Conditions or the legislation in force by the Client or another person.
XXIV. APPLICABLE LAW
Art. 162. The provisions of the current legislation of the Republic of Bulgaria, including the Commercial Act, the Consumer Protection Act and the Act on the Supply of Digital Content and Digital Services and on the Sale of Goods, shall apply to all issues not settled by these General Terms and Conditions. This also applies to the use of the Platform by foreign Clients.
XXV. INFORMATION AND AGREEMENT
Art. 163. (1) By accepting these General Terms and Conditions, the Client declares that he has been provided with information and is familiar with:
the name and address, as well as any other identifying data of the Provider;
all characteristics of the goods and services provided by the Provider;
information about the composition, packaging, purpose and use of the goods and services provided by the Provider;
availability of goods;
the hazards associated with the normal use, use or maintenance of the good;
the final price of the goods and the price for their delivery, including all taxes;
the terms of payment, delivery, performance, the date on which the Supplier undertakes to deliver the goods;
the conditions, term and manner of claim and refusal;
the period for which the price of the goods is in force;
the conditions and duration of the guarantee/suitability;
contact information of the Provider, including by phone and e-mail;
the technical steps of the conclusion of the contract and their legal significance;
the technical means for detecting and correcting errors in entering information before the declaration of the conclusion of the contract is made;
the Client's consent to these General Terms and Conditions will be stored in electronic form and a separate paper contract will not be stored by the Provider;
The contract with the Provider is concluded in Bulgarian language;
The supplier is registered under the VAT Act.
(2) The Customer gives his consent for the conclusion of a distance contract, as well as for advance and advance payments for the delivery of the Goods.
ANNEX No 1
TO THE GENERAL CONDITIONS OF BALEAGE HOUSE EOOD
RULES OF A REFERENCE PROGRAMME (LOYAL PROGRAMME)
I. GENERAL
Art. 1. (1) These Rules govern the terms and conditions for participation in the ‘Referral Programme’ marketing initiative (also referred to as the ‘Loyalty Programme’ or ‘Program’) organised by the Provider.
(2) The programme enables Clients with a Registered Account (hereinafter referred to as ‘Recommender’) to recommend the Platform to third-party new customers (hereinafter referred to as ‘New Customers’ or ‘Friend’) and to receive bonuses in the form of a credit or a discount on the price of future orders.
Art. 2. Participation in the Program is voluntary and is available only to registered with Profile Clients of the Platform. Customers shopping without a registered Account cannot benefit from the terms of the Program.
II. MECHANISM OF PARTICIPATION
Art. 3. (1) Each registered with a Profile Client (Recommender) shall have access to a unique referral link or code generated in his/her Profile.
(2) The referrer has the right to share this link with an unlimited number of people. (3) A New Customer (Friend) within the meaning of these rules shall be considered any natural person who does not have a previous registration in the Platform and has not made orders from it so far.
III. CREDIT AND DISCOUNTS
Art. 4. (1) When using the referral link of the Recommender, the New Customer receives a discount in the amount indicated on the Platform.
(2) The discount referred to in paragraph 1 shall be valid and applicable only if the value of the first order of the New Customer is above the price specified in the Platform.
Art. 5. (1) An order that has been paid for, delivered and not returned or cancelled by the New Customer shall be accepted as successfully completed. (2) Upon successful completion of an order, the Recommender receives a bonus in the form of a credit. (3) The credit for the Recommender shall be charged only if the order made by the Friend is above the amount determined on the Platform.
IV. Utilisation of DISCOUNTS and CREDITS
Art. 6. (1) The received discount or credit shall be used to reduce the amount due on a subsequent order of the Recommended and/or New Client in the Platform. (2) Discounts and loans shall not constitute cash, shall not bear interest and shall not be redeemed, paid in cash or transferred to third parties.
Art. 7. Discounts and credits received under this Program may not be combined with other promotional codes or vouchers within the same order, unless otherwise expressly stated by the Provider.
V. OTHER CONDITIONS
Art. 8. The Provider reserves the right to refuse to grant a discount or credit, or to cancel already granted ones, in case it finds an attempt at abuse, including but not limited to:
Registration of fictitious accounts by the same person in order to obtain discounts and credits;
The Referrer and the New Client are the same person;
The order of the new customer has been refused or returned.
Art. 9. The Provider has the right to unilaterally change the terms of the Program, the value of discounts and credits, as well as the minimum thresholds for orders, with the changes taking effect from the date of their publication on the Platform.