SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between Locksmith Varna EOOD, UIC 207998169, with registered office and registered address: Sofia 1000, Vazrazhdane district, 111 Dimitar Petkov Str., 4th floor, apt. 15, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the e-commerce platform www.domashnipotrebi.com, hereinafter referred to as "www.domashnipotrebi.com".
II. SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Name of the Provider: "Locksmith Varna" EOOD
Registered office and address of management: Sofia 1000, Vazrazhdane district, 111 Dimitar Petkov Str., 4th floor, apt. 15
Address for exercising the activity and address for submitting complaints by consumers: Sofia 1000, Vazrazhdane district, 111 Dimitar Petkov Str., 4th floor, apt. 15
Correspondence details: domashnipotrebivarna@gmail.com, phone +359894036667
Public register entry: UIC 207998169
Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia, 2 Prof. Tsvetan Lazarov Str.,
Tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
Registration under the Value Added Tax Act
III. CHARACTERISTICS OF THE PLATFORM
Art. 3. domashnipotrebi is an e-commerce platform available at the Internet address www.domashnipotrebi.com, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:
To register and create a profile to browse the Supplier's e-shop and use additional services for providing information;
To review the goods, their characteristics, prices and delivery terms;
To conclude with the Supplier contracts for the purchase and sale and delivery of the goods offered by on the platform www.domashnipotrebi.com;
To make any payments in connection with the concluded contracts through the platform www.domashnipotrebi.com electronic means of payment.
To receive information about new goods offered by the Supplier on the platform domashnipotrebi;
To make electronic statements in connection with the conclusion or performance of contracts with the Supplier on the platform www.domashnipotrebi.com through the interface of the www.domashnipotrebi.com page, accessible on the Internet;
To be notified of the rights arising from the law, primarily through the interface of the platform www.domashnipotrebi.com on the Internet;
To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Supplier on the platform www.domashnipotrebi.com organizes the delivery of the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) The Users conclude a contract for the purchase and sale of goods with the Supplier on the platform www.domashnipotrebi.com at the address domashnipotrebi.com. The contract is concluded in Bulgarian and is stored in the Supplier's database on the platform.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier on the platform www.domashnipotrebi.com undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract to the Supplier on the platform www.domashnipotrebi.com
(3) Users pay the Supplier on the platform www.domashnipotrebi.com remuneration for the delivered goods in accordance with the terms and conditions set out in the platform www.domashnipotrebi.com and these general terms and conditions. The remuneration is in the amount of the price announced on the platform www.domashnipotrebi.com.
Art. 6. (1) The User and the Supplier on the platform www.domashnipotrebi.com agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons specified in the data provided by the User when registering, if the User has entered the relevant username and password for access.
REGISTRATION FOR USE OF www.domashnipotrebi.com
Art. 7. (1) In order to use www.domashnipotrebi.com for concluding contracts for the purchase and sale of goods, the User must enter a username and password for remote access chosen by him or authenticate himself through the profile
on Facebook or Google, which is deemed to have accepted these general terms and conditions.
(2) The name and password for remote access are determined by the User by completing an online registration on the Provider's website on the platform www.domashnipotrebi.com, in accordance with the procedure specified therein. Users have the opportunity to place orders for delivery of goods and a profile on the social networks Facebook and Google.
(3) By filling in their data in the user basket and clicking the "Order" button, the User declares that they are familiar with these general terms and conditions, agree with their content and undertake to unconditionally comply with them.
(4) The Provider confirms the order placed by the User by e-mail. An account is created for the User and contractual relations arise between him and the Provider.
(5) When registering or ordering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in his registration or order in the event of a change.
TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT
Art. 8. (1) Users primarily use the interface of the Supplier's page on the www.domashnipotrebi.com platform to conclude purchase and sale agreements for the goods offered by the suppliers on the www.domashnipotrebi.com platform.
(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the time of delivery. The User is deemed to have accepted these general terms and conditions upon acceptance of the delivery of the goods.
Art. 9. Users conclude the contract for the purchase and sale of goods on the platform www.domashnipotrebi.com according to the following procedure:
(1) Logging into the ordering system on the platform www.domashnipotrebi.com
(2) Selecting one or more of the goods offered by the Supplier on the platform www.domashnipotrebi.com and adding them to a list of goods for purchase.
(3) Providing the necessary data for the individualization of the User as a party to the contract.
(4) Providing data for the delivery;
(5) Choosing the method and time of payment of the price.
(6) Confirmation of the order;
CONTENT OF THE CONTRACT
Art. 10. (1) The Supplier and the Users shall conclude separate purchase and sale contracts for the goods ordered by the Users, regardless of whether they are selected with one electronic statement and from one list of goods for purchase.
(2) The Supplier may organize together and simultaneously the delivery of the goods ordered with the separate purchase and sale contracts.
(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the purchase and sale contracts of other goods. In case the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right to withdraw from the purchase and sale contract of a certain good does not affect the purchase and sale contracts of other goods delivered to the consumer.
Art. 11. When exercising the rights under the purchase and sale contract, the User is obliged to specify precisely and unambiguously the contract and the goods in respect of which he exercises the rights.
Art. 12. The User may pay the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLYING TO PERSONS WHO HAVE THE CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION LAW
Art. 13. The rules of this Section VII of these general terms and conditions apply only to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or upon registration at www.domashnipotrebi.com, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the www.domashnipotrebi.com platform are defined in the profile of each product on the www.domashnipotrebi.com platform
(2) The price of the goods, including all taxes and fees, is determined by the Supplier on the www.domashnipotrebi.com platform in the profile of each product on the www.domashnipotrebi.com platform
(3) The value of postal or transport costs not included in the price of the goods is determined by the Supplier on the www.domashnipotrebi.com platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract;
(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 User through the mechanisms on the www.domashnipotrebi.com platform
(5) The information provided to the Users under this article is current at the time of visualization
its on the platform www.domashnipotrebi.com before concluding the purchase and sale contract.
(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform www.domashnipotrebi.com or by e-mail.
Art. 15. (1) The User agrees that the suppliers on the platform www.domashnipotrebi.com have the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2) The User independently chooses whether to pay the Supplier on the platform www.domashnipotrebi.com the price for the delivery of the goods before or at the time of their delivery.
(3) In the event that the value of the User's order is equal to or exceeds 15,000 BGN, payment shall be made only by transfer or deposit to the Supplier's payment account.
Art. 16. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier through the unified form for withdrawal from the contract, available on the Supplier's website on the platform www.domashnipotrebi.com at the address Exercise your rights! and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at Exercise your rights! and in Appendix No. 2 to these general terms and conditions.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
for the delivery of goods made to order by the consumer or in accordance with his individual requirements;
for the delivery of goods that, due to their nature, may deteriorate in quality or have a short shelf life;
for the delivery of sealed goods that have been unsealed after delivery and cannot be returned for reasons related to hygiene or health protection;
for the delivery of goods that, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
for the delivery of sealed sound recordings or video recordings or sealed computer software that have been unsealed after delivery, including activation codes for software licenses, software functions or virtual payment instruments.
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(3) When the supplier on the platform www.domashnipotrebi.com has not fulfilled its obligations to provide information, as set out in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, the withdrawal period shall start from the date of its provision. The consumer has the right to submit the withdrawal statement under this article directly to the Provider using the unified withdrawal form available on the Provider's website on the platform www.domashnipotrebi.com at the address Appendix No. 1 to these general terms and conditions.
(4) When the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Provider shall reimburse all amounts received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which he was notified of the consumer's decision to withdraw from the contract. The Provider shall reimburse the amounts received using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed to use another means of payment and provided that this does not involve any costs for the consumer.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be deducted from the amounts to be reimbursed under paragraph 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier is not obliged to reimburse the additional costs of delivering the goods when the consumer has explicitly chosen a method of delivering the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The Consumer undertakes to store the goods received from the Supplier on the platform and to ensure the preservation of their quality and safety during the period under paragraph 1.
(7) The Consumer may exercise his right to withdraw from the contract with the Supplier by sending a written statement to the Supplier using the standard form for withdrawal from the contract, available at the address GENERAL TERMS and CONDITIONS on the platform www.domashnipotrebi.com and in Appendix No. 1 to these general terms and conditions.
(8) When the supplier on the platform www.domashnipotrebi.com has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he receives the goods or until the User provides proof that he has sent the goods back, depending on which of the two happened earlier.
(10) Regardless of the above hypotheses, Potrebi
The Supplier undertakes to return the goods in a commercial form that allows for their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial form of the goods, such as but not limited to a breakable box, hermetic packaging and other similar cases. In the event of a violation of the commercial form of the goods, the Supplier has the right, at its discretion, to refuse to accept withdrawal from the contract or to charge the Consumer for the costs of returning the goods in commercial form.
(11) In the event of exercising the right of withdrawal under this article, it is considered that the Consumer has also exercised the right of withdrawal with respect to the bonus content belonging to the goods.
Art. 17. (1) The delivery time of the goods is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website on the platform www.domashnipotrebi.com
(2) In case the Consumer and the Supplier on the platform www.domashnipotrebi.com have not determined a delivery time, the delivery time of the goods is 30 calendar days, counting from the date following the sending of the consumer's order to the Supplier through the Supplier's website on the platform www.domashnipotrebi.com
(3) If the Supplier on the platform www.domashnipotrebi.com cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the Consumer thereof and to refund the amounts paid by him.
Art. 18. The Supplier on the platform www.domashnipotrebi.com undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of food supplements.
VIII. CONTRACT EXECUTION
Art. 19. (1) The Supplier on the www.domashnipotrebi.com platform may organize the delivery and handover of the goods to the User by a relevant courier within the period specified when concluding the contract.
(2) If the period under para. 1 is not expressly agreed upon between the parties when concluding the contract, the Supplier shall organize the delivery and handover within a reasonable period.
Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, immediately notify the Supplier on the www.domashnipotrebi.com platform
(2) If the User does not notify the Supplier on the www.domashnipotrebi.com platform in accordance with para. 1, the goods shall be deemed to be approved as meeting the requirements, except for hidden defects.
Art. 21. The Supplier on the platform www.domashnipotrebi.com is not obliged to provide the necessary service for the goods.
Art. 22. For cases not regulated in this section, the rules of commercial sale set out in the Commercial Act and the Consumer Protection Act shall apply.
PROTECTION OF PERSONAL DATA
Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Personal Data Privacy Policy.
(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679, as the Supplier processes them for the purposes and within the time limits provided for in the Personal Data Privacy Policy.
(3) By agreeing to the Privacy Policy, the User expressly confirms that he/she agrees that the Provider stores information or gains access to the information stored in the User's terminal device for the purposes and terms fully specified therein. The User agrees that the Provider may store information or gain access to the information stored in the User's terminal device for other reasons specified in the Privacy Policy.
(4) The User or User agrees that the Provider of the www.domashnipotrebi.com platform has the right to send electronic messages to the User or User at any time, including a newsletter or offers to purchase goods, as long as the User or User is registered in the Provider's e-shop on the www.domashnipotrebi.com platform.
(5) The User or the User agrees that the Provider of the www.domashnipotrebi.com platform has the right to collect, store and process data on the behavior of the User or the User when using the Provider's e-shop on the www.domashnipotrebi.com platform. The User has the right to object to the storage or access to the information under paragraph 3 in the manner provided for in the Personal Data Privacy Policy.
Art. 24. (1) At any time, the Provider on the www.domashnipotrebi.com platform has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider of the platform www.domashnipotrebi.com has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: www.domashnipotrebi.com
AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 25. (1) These
General terms and conditions may be amended by the Provider of the platform www.domashnipotrebi.com, of which the latter will notify all registered Users in an appropriate manner.
(2) The Provider of the platform www.domashnipotrebi.com and the User agree that any additions and amendments to these general terms and conditions will be effective against the User in one of the following cases:
A) after explicit notification by the Provider of the platform www.domashnipotrebi.com and if the User does not declare within the 14-day period provided to him that he rejects them; or
B) after their publication on the Provider's website on the platform www.domashnipotrebi.com and if the User does not declare within 14 days of their publication that he rejects them;
C) with its explicit acceptance by the User through his profile on the Provider's website on the platform www.domashnipotrebi.com
(3) The User agrees that all statements of the Provider on the platform www.domashnipotrebi.com, in connection with the amendment of these general terms and conditions, will be sent to the e-mail address specified by the User upon registration. The User agrees that the e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 26. The Provider publishes these general terms and conditions at {terms_rul} together with all additions and amendments to them.
TERMINATION
Art. 27. These general terms and conditions and the User's contract with the Supplier on the www.domashnipotrebi.com platform shall be terminated in the following cases:
upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
in the event of objective impossibility of any of the parties to the contract to fulfill its obligations;
upon seizure or sealing of the equipment by state authorities;
in the event of deletion of the User's registration on the www.domashnipotrebi.com platform. In this case, the concluded but unfulfilled purchase and sale contracts shall remain in force and shall be subject to execution;
Art. 28. The Provider has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract in the event that it establishes that the User is using the platform www.domashnipotrebi.com in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, generally accepted moral standards or generally accepted rules and practices in e-commerce.
XII. LIABILITY
Art. 29. The User undertakes to indemnify and hold harmless the providers on the platform www.domashnipotrebi.com and the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with (1) failure to fulfill any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights or other rights to intellectual or industrial property, (3) unlawful transfer to other persons of the rights granted to the User for the term and under the terms of the contract and (4) false declaration of the presence or absence of the status of a consumer within the meaning of the Consumer Protection Act.
Art. 30. The Provider is not liable in the event of force majeure, random events, problems on the Internet, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (1) The Provider is not liable for damages caused by the User to third parties.
(2) The Provider is not liable for material or non-material damages, expressed in lost profits or damages suffered by the User in the process of using or not using www.domashnipotrebi.com and concluding purchase and sale contracts with the Provider.
(3) The Provider is not liable for the time during which the platform was not accessible due to force majeure.
(4) The Provider is not liable for damages from comments, opinions and publications under the products, news and articles on the www.domashnipotrebi.com platform
Art. 32. (1) The Provider is not liable in the event of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Supplier shall not be liable in the event of the conclusion of a purchase and sale contract, provision of access to information, loss or change of data resulting from the false identification of a third party who presents himself as the User, if the circumstances indicate that this person is the User.
XIII. OTHER CONDITIONS
Art. 33. (1) The User and the Supplier on the platform www.domashnipotrebi.com undertake to protect each other's rights and legitimate interests, as well as to keep their trade secrets that have become known to them in the process of performing the contract and these general terms and conditions.
(2) The User and the Supplier
undertake during and after the expiration of the contract period not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, Internet forums, personal or public websites, etc. may be considered public.
Art. 34. In the event of a contradiction between these general terms and conditions and agreements in a special contract between the Provider on the platform www.domashnipotrebi.com and the User, the clauses of the special contract shall prevail.
Art. 35. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.
Art. 36. The laws of the Republic of Bulgaria shall apply to any issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 37. These general terms and conditions shall enter into force for all Users of www.domashnipotrebi.com.
Appendix No. 1 - Standard form for exercising the right to withdraw from the contract
Standard form for exercising the right to withdraw from the contract:
(fill in and send this form only if you wish to withdraw from the contract)
– To Locksmith Varna EOOD, UIC UIC 207998169, with registered office and registered office: Sofia 1000, Vazrazhdane district, 111 Dimitar Petkov Str., 4th floor, apt. 15:– I/we hereby notify* that I/we withdraw* from the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service*– Ordered on*/received on*– Name of the consumer/s– Address of the consumer/s– Signature of the consumer/s (only if this form is on paper)– Date------------------------------------------------------* Delete as appropriate.
Appendix No. 2 - Information on exercising the right to withdraw from the contract
Information on exercising the right to withdraw from the contract
Standard instructions for withdrawal:
Right to withdraw from the contract at a distance or outside the business premises.
You have the right to withdraw from this contract without giving any reason within 14 days.
The withdrawal period is 14 days from the date on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the contact details provided on www.domashnipotrebi.com.
You may use the attached standard withdrawal form, but this is not mandatory. You may also fill in and submit the standard withdrawal form or another unambiguous statement of withdrawal electronically on our website www.domashnipotrebi.com. If you use this option, we will immediately send you a confirmation of receipt of your withdrawal on a durable medium (e.g. by e-mail).
In order to meet the withdrawal period, it is sufficient to send your communication regarding the exercise of your right of withdrawal before the withdrawal period has expired.
Effect of withdrawal.
If you withdraw from this contract, we will reimburse to you all payments we have received from you, including the costs of delivery (with the exception of additional costs related to the type of delivery you have chosen other than the least expensive standard type of delivery offered by us), without undue delay and in any event not later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the reimbursement to the bank account specified by you; in any case, this reimbursement will not involve any costs for you.
We have the right to postpone the refund of payments until we receive the goods back or until you provide us with evidence that you have sent back the goods, depending on which of the two events occurred earlier.
You must bear the direct costs of returning the goods. The costs are expected to not exceed approximately the amount of delivery or standard courier service.
You are only liable for any reduction in the value of the goods resulting from their testing, other than what is necessary to establish their nature, characteristics and proper functioning.
For further consumer information, see www.domashnipotrebi.com