GENERAL TERMS OF ELECTRONIC SHOP
Art. 1. These General Terms and Conditions are intended to regulate the relations between xmcustomleather.com, hereinafter referred to as PROVIDER , and the customers, hereinafter referred to as USERS, at the electronic shop xmcustomleather.com, hereinafter referred to as “ELECTRONIC SHOP”.
II. SUPPLIER’S DATA
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of Supplier: xmcustomleather.com
2. Seat and management address ……………………
3. Address for the exercise ……………………
4. Correspondence data: email@example.com
5. Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia 1592, “Prof. Tsvetan Lazarov “№ 2,
Tel. (02) 940 20 46
fax: (02) 940 36 40
Email: firstname.lastname@example.org, email@example.com
Web site: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveikov Square, 3rd, 4th and 6th floor,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
Web site: www.kzp.bg
III. CHARACTERISTICS OF ELECTRONIC SHOP
Art. 3. The e-shop can be accessed via the Internet at xmcustomleather.com, Through which the Users have the opportunity to conclude contracts for the purchase and sale of the goods offered by ELECTRONIC SHOP, including the following:
1. To register and create an account for viewing the ELECTRONIC SHOP and using the additional information services;
2. Make electronic statements regarding the conclusion or performance of contracts with ELECTRONIC SHOP via the interface of the ELECTRONIC SHOP page available on the Internet;
3. Conclude contracts for the purchase and sale of the goods offered by ELECTRONIC SHOP;
4. Make any payments in connection with the contracts concluded with ELECTRONIC SHOP, according to the electronic payment methods supported by ELECTRONIC SHOP.
5. To receive information about new goods offered by ELECTRONIC SHOP;
6. View the goods, their characteristics, prices and delivery terms;
7. To be notified of the rights deriving from the law mainly through the interface of the ELECTRONIC SHOP on the Internet;
8. Exercise a right of withdrawal from the distance contract for the goods offered by the Supplier for which the right of withdrawal is applicable;
Art. 4. The Supplier shall deliver the goods and guarantee the rights of the Beneficiaries provided for by law in the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) The users conclude a contract for the purchase and sale of the goods offered by ELECTRONIC SHOP via the Supplier’s interface, accessible on its Internet site or other means of distance communication.
(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer the ownership of the User to the goods, which he has determined through the interface.
(3) The Beneficiaries shall pay to the Supplier remuneration for the delivered goods under the conditions set forth in the ELECTRONIC SHOP and these General Terms and Conditions. The fee is in the amount of the price announced by the supplier of the ELECTRONIC SHOP address on the Internet.
(4) The Supplier shall deliver the goods requested by the Users within the terms and conditions set by the Provider on the e-shop page and in accordance with these General Terms and Conditions. (5) The price for the delivery shall be determined separately from the price of the goods.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and execution of the Purchase Contract may be made by electronic means and by 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 are made by the persons mentioned in the data provided by the User in making a registration if the User has entered the respective name and password for access.
IV. USE OF ELECTRONIC SHOP
Art. 7. (1) In order to use an ELECTRONIC SHOP to conclude contracts for the purchase and sale of goods, the User shall enter a name and password of remote access chosen by him, in cases where the e-shop requires registration.
(2) The name and password for remote access shall be determined by the User through electronic registration on the Provider’s website.
(3) By filling in the data and clicking on the “Yes, I accept” or “Register” buttons, the User declares that he / she is familiar with these terms and conditions, agrees with their content and undertakes to comply unconditionally.
(4) The Provider confirms the registration made by the User, by sending a letter to an email address indicated by the User, to which the registration activation information is sent. The user confirms the registration and conclusion of the contract by electronic reference in the letter informing about the registration, sent by the Provider. Upon confirmation, an Account of the User is created and a contractual relationship arises between the Provider and the Provider.
(5) When making the registration, the User undertakes to provide correct and up-to-date data. The user shall promptly update the data specified in his / her registration in case of change.
(6) In order to use the full functionality of the e-shop of the Provider, the User undertakes to register at the e-shop site. The Provider is not liable if, due to a lack of registration, the User has been unable to use the full functionality of the e-shop, including the exercise of contract rights, the possibility of claiming a lower price and other similar functions.
(7) These General Terms and Conditions may be accepted by the Users and without making a registration in an ELECTRONIC SHOP by an explicit declaration of intent, including through the ELECTRONIC SHOP.
Art. 8. (1) The electronic address provided at the initial registration of the User as well as any subsequent electronic address used for the exchange of statements between the User and the Provider is the “Main Email Address” within the meaning of these General Terms and Conditions. The user has the right to change his / her Main Contact E-mail address.
(2) Upon receipt of a request for change of the Main Contact E-mail address, the Supplier shall send a request for confirmation of the change. The Confirmation Request is sent by the Provider to the new Main Contact E-mail specified by the User.
(3) The change of the Basic Contact E-mail is made after confirmation by the User, expressed by reference contained in the confirmation request sent by the Provider to the new Main Contact E-mail specified by the User.
(4) The Provider shall inform the User of the change made by e-mail sent to the User’s Main Contact E-mail address, prior to making the change under para. 2.
(5) The Provider shall not be liable to the User for unauthorized modification of the Basic Contact E-mail Address.
(6) The Provider may require the User to use the Basic Contact E-mail address in specific cases.
V. TECHNICAL STEPS TO CONCLUDE A PURCHASE CONTRACT
Art. 9. (1) Users shall use mainly the interface on the Provider’s website in order to conclude contracts for the purchase and sale of the goods offered by the Supplier in ELECTRONIC SHOP. (2) The contract shall be concluded in the Bulgarian language.
(3) The Contract between the Provider and the User constitutes the present General Terms and Conditions, available on the ELECTRONIC SHOP site.
(4) A party to the agreement with the Provider shall be the User according to the data provided at the registration and contained in the user’s personal profile. For the avoidance of doubt, this is the data that created an account with the Provider.
(5) The supplier shall include, in the interface of his website, technical means of identifying and correcting errors in the input of information before the contract is made.
(6) This Agreement shall be deemed to have been concluded from the time of the User’s registration with the Supplier or the acceptance of the General Terms and Conditions in another explicit manner, including by means of a statement on the Provider’s website. The contract for the purchase and sale of a good is considered to have been concluded from the moment of its being declared by the User through the Interface of the Supplier.
(7) For the conclusion of this contract and for the conclusion of the contract for the purchase and sale of goods, the Provider shall notify the User accordingly in an appropriate manner by electronic means. (8) The statement of conclusion of the contract and the acknowledgment of receipt shall be deemed to have been received when their addressees have access to them.
(9) The supplier shall deliver the goods to the address indicated by the Users and shall not be liable in case the data indicated by the Users are false or misleading.
Art. 10. (1) The Users shall conclude the Purchase-Sale Agreement with the Contractor under the following procedure:
Performing a registration in an ELECTRONIC SHOP and providing the necessary data if the User has not been registered at ELECTRONIC SHOP or by registering a product without registration;
Entry into the order system of ELECTRONIC SHOP by identifying by name and password and other means of identification;
Choosing one or more of the offered goods of the ELECTRONIC SHOP and adding them to a list of goods for purchase;
Provision of delivery data;
Choose a method and time to pay the price.
(2) Users may conclude the contract of sale with the Provider and without making a registration, using the relevant functionality in the interface of the e-shop
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The provisions of this Section VI of these General Terms and Conditions shall apply to Users for whom, according to the data specified for the conclusion of the Purchase Agreement or the registration in ELECTRONIC SHOP, it can be concluded that they are consumers within the meaning of the Law Consumer Protection Directive, the Electronic Commerce Act and / or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011.
Art. 12. (1) The basic characteristics of the goods offered by the Supplier are defined in the profile of each item on the ELECTRONIC SHOP.
(2) The price of goods with all taxes included is determined by the Provider in the profile of each item on the ELECTRONIC SHOP.
(3) The value of the postal and transport costs, not included in the price of the goods, shall be determined by the Provider and shall be provided as information to the Users at one of the following moments before the conclusion of the contract:
– In the profile of each of the goods on the website of the ELECTRONIC SHOP MERCHANT;
– When selecting the goods for the conclusion of the purchase contract;
(4) The manner of payment, delivery and performance of the contract shall be determined in these General Terms and Conditions, as well as the information provided to the User on the Provider’s website.
(5) The information provided to the Users under this Article is current at the time of its visualization on the Supplier’s website prior to the conclusion of the Purchase Agreement.
(6) The supplier must specify the conditions for the delivery of the individual goods on his site.
(7) Before the conclusion of the contract, the supplier shall indicate the total value of the contract for all the goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the ELECTRONIC SHOP or e-mail platform.
Art. 13. (1) The User agrees that the Provider is entitled to accept an advance payment for the contracts concluded with the consumer for the purchase and sale of goods and their delivery. (2) The consumer chooses independently whether to pay the Supplier the price for the delivery of the goods before or at the moment of their delivery.
Art. 14. (1) The consumer has the right, without indemnity or forfeiture and without giving any reason, to cancel the concluded contract within 14 days from the date of receipt of the goods through the single withdrawal form available on the site of the Provider. Information on exercise of the right of withdrawal is available on the Provider’s website. Users can also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 shall not apply in the following cases:
1. for delivery of goods made to the customer’s order or according to his individual requirements;
2. for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
3. for the supply of sealed goods which have been printed after delivery and can not be returned for reasons of hygiene or health protection;
4. for the supply of goods which, after having been delivered and by their nature mixed with other goods from which they can not be separated;
5. for the supply of sealed sound recordings or video recordings or sealed computer software that have been printed after delivery;
6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(3) Where the Provider has not fulfilled his obligations to provide information specified in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within 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, it begins to run from the date of its submission. The user has the right to make the cancellation notice under this Article directly to the Provider through the single withdrawal form available on the Provider’s website .
(4) Where the User has exercised his / her right of withdrawal from the distance or off-premises contract, Supplier shall reimburse all sums received by the User, including delivery costs, without undue delay and no later than 14 days from the date on which the User’s decision to withdraw from the contract was notified. The Provider shall recover the amounts received using the same means of payment used by the user in the original transaction unless the user has expressly agreed to use another means of payment and provided that this is not associated with User costs.
(5) In the exercise of the right of withdrawal, the cost of returning the goods delivered shall be borne by the consumer and the amount paid by the consumer for the contract shall be withheld the cost of returning the goods. The Supplier has no obligation to reimburse the additional cost of delivering the Goods when the User has explicitly chosen a way of delivering the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The user is obliged to store the goods received by the Supplier and to ensure the preservation of their quality and safety during the term under para. 1.
(7) The User may exercise his / her right to withdraw from the Contract with the Provider by making a written statement to the Provider through the standard withdrawal form available on the ELECTRONIC SHOP.
(8) Where the Contractor has not offered to take the goods on his own, he may withhold the payment of the sums of the consumer until he has received the goods or until the User provides proof that he has sent the goods back, whichever is the case earlier.
Art. 15. (1) The delivery period of the goods and the starting point from which they run shall be determined for each item individually upon conclusion of the contract with the consumer through the website of the Supplier, unless the goods are ordered in one delivery.
(2) If the consumer and the Supplier have not set a delivery period, the delivery period of the goods shall be 30 working days from the date following the sending of the order to the Supplier through the e-shop site.
(3) If the Contractor can not fulfill the contract because he does not have the goods ordered, he is obliged to notify the User and to refund the amounts paid by him.
Art. 16. (1) The supplier shall deliver the goods to the consumer after certifying the fulfillment of the requirements for providing information to the consumer in accordance with the Consumer Protection Act.
(2) The User and the Provider shall certify the circumstances under para. 1 in writing at the time of delivery by hand signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under par. (1) shall be complied with if the certification is carried out by a person for whom, according to the circumstances, it can be concluded that he will transmit the information to the user party to the contract.
VII. OTHER TERMS
Art. 17. The Supplier shall deliver and deliver the goods to the User in the term specified at the conclusion of the contract.
Art. 18. The user shall review the goods at the time of delivery and delivery by the Supplier and, if they are not eligible, notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider shall take measures to protect the personal data of the User pursuant to the Personal Data Protection Act.
(2) For security reasons of the User’s personal data, the Provider shall send the data only to an e-mail address that was designated by the Users at the moment of registration.
(4) Users agree that the Provider has the right to process their personal data necessary for the execution of the e-shop orders and the execution of the contract.
Art. 20. (1) At any time, the Provider shall have the right to require the User to identify and certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) If, for any reason, the User has forgotten or lost his name and password, the Provider is entitled to apply the announced Procedure for lost or forgotten names and passwords.
IX. AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 21. (1) These General Terms and Conditions may be amended by the Provider, for which the latter shall inform in an appropriate manner all Beneficiaries who have registered. (2) The Provider and the User agree that any supplementation and amendment to these General Terms and Conditions will have effect upon the User upon his express notification by the Provider and if the User does not declare within 30 days that he rejects them.
(3) The User agrees that all statements by the Provider regarding the modification of these General Terms and Conditions will be sent to the e-mail address indicated by the User upon registration. The User agrees that emails sent pursuant to this Article need not be signed with an electronic signature in order to have an effect on him.
Art. 22. The Provider publishes these terms and conditions at the address of your site together with any additions or amendments thereto.
Art. 23. These General Terms and the User’s Agreement with the Supplier are terminated in the following cases:
upon termination and in liquidation or bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
unilaterally, with a notice from either party in case of non-performance of the other party’s obligations;
in the case of an objective impossibility of one of the parties to the contract to fulfill its obligations;
in case of seizure or sealing of equipment by state authorities;
in case of deletion of the User’s registration on the ELECTRONIC SHOP site. In this case, the concluded but not executed purchase contracts remain in force and are subject to enforcement;
in the case of exercising a right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the delivery contract for the corresponding ordered goods shall be terminated if the right of withdrawal is applicable to the relevant category of goods.
XI. OTHER TERMS
Art. 24. Any invalidity of any provision of these General Terms and Conditions will not invalidate the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to matters not governed by this Agreement relating to the implementation and interpretation of this Agreement.
Art. 26. All disputes between the parties to this Agreement will be resolved by the competent court or the Consumer Protection Commission.