GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

of the online store …………………..

I. SUBJECT MATTER

Art. 1. These General Terms and Conditions (“General Terms”) are intended to regulate the relations between “……………………….” EOOD, entered in the Commercial Register at the Registry Agency under UIC …………………….., with registered office and management address: …………………………………………………… (hereinafter referred to as the “Provider”), and the clients, hereinafter referred to as the “Users”, of the online store ………………………. (“Online Store”), owned by the Provider.

II. PROVIDER INFORMATION

Art. 2. (1) Information in accordance with the Electronic Commerce Act and the Consumer Protection Act regarding the Provider:

Name of the Provider: “…………………………” EOOD

Registered office and management address: …………………………………..

Business address: ………………………………………..

Contact information: ………………………………., phone: ……………….., email: …………………………, website: ……………………………, other online communication tools: ………….

Registration in public registers: Commercial Register at the Registry Agency, UIC …………………………….

VAT registration number: BG ……………….

Address for consumer complaints: ………………………., phone: ……………………., email: ........................., website: ………………..

(2) Supervisory authorities:

Commission for Personal Data Protection

Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.

Phone: (02) 91 53 519, Fax: (02) 91 53 525

Email: kzld@cpdp.bg

Website: www.cpdp.bg

Consumer Protection Commission

Address: Sofia 1000, 4A Slaveykov Sq., floors 3, 4 and 6

Phone: (02) 933 05 65

Fax: (02) 988 42 18

Hotline: 0700 111 22

Email: info@kzp.bg

Website: www.kzp.bg

III. CHARACTERISTICS OF THE ONLINE STORE

Art. 3. The Online Store is an e-commerce platform, accessible at https://......................................, through which Users can enter into contracts for the sale and delivery of goods offered by the Provider, including:

To browse and become acquainted with the goods offered by the Provider, their prices, and delivery conditions;

To obtain information about the nature and main characteristics of the goods;

To enter into contracts with the Provider for the sale and delivery of the goods offered in the Online Store;

To make electronic statements related to the conclusion, execution, and termination of contracts with the Provider via the interface of www……………..com, including via tools and mobile applications available there;

To be informed about their statutory rights;

To exercise their right of withdrawal when applicable under the Consumer Protection Act.

Art. 4. The Provider organizes the delivery of goods and ensures the rights of the Users provided by law, in good faith, in accordance with established practice, consumer or commercial standards, and conditions.

Art. 5.

(1) Users conclude contracts for the purchase of goods with the Provider following the procedure outlined in Art. 8. The contract is concluded in Bulgarian and is stored in the Provider’s database on the platform.

(2) Users may review and correct errors in the input data before submitting the statement for contract conclusion. This can be done by editing the order form at any point until the statement to conclude the contract is sent.

(3) By virtue of the contract concluded with the Users, the Provider undertakes to organize the delivery and transfer of ownership of the goods specified by the User via the Online Store interface.

(4) The Users shall pay the Provider remuneration for the delivered goods in accordance with the conditions specified in the Online Store and these General Terms. The remuneration is equal to the price indicated in the Online Store.

IX. PERSONAL DATA PROTECTION

Art. 19.

(1) The Provider processes the personal data provided by the Users in accordance with its Privacy Policy and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR), the Bulgarian Personal Data Protection Act, and other applicable provisions of Bulgarian data protection legislation.

(2) The Provider’s Privacy Policy is available at: https://.................................. and constitutes an integral part of these General Terms.

(3) The Provider is entitled to store information or gain access to information stored on the User’s end device in accordance with its “Cookie Policy,” provided that:

The Provider has given the User clear and comprehensive information in accordance with Article 13 of Regulation (EU) 2016/679; and

The Provider has given the User the opportunity to refuse the storage of or access to such information.

(4) The User agrees that the Provider has the right to collect, store, and process data about the User’s behavior while using the Online Store. The User has the right to object to the storage of or access to such information as set out in the Privacy Policy.

Art. 20. At any time, the Provider is entitled to require the User to identify themselves and to verify the accuracy of any of the circumstances and personal data declared during registration on the platform and/or when placing an order.

X. AMENDMENT AND ACCESS TO THE GENERAL TERMS

Art. 21.

(1) These General Terms are an integral part of the Agreement concluded between the Parties.

(2) By concluding the Agreement, the User declares that they are familiar with and accept these General Terms.

(3) The User and the Provider agree that all communications between them related to the conclusion, performance, amendment, and termination of the Agreement and these General Terms may be conducted electronically and through electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and Article 11 of the Electronic Commerce Act.

(4) It is presumed that electronic statements made by Users of the Online Store are made by the persons specified in the data provided by the User during registration or when placing an order (offer) without registration.

(5) The User agrees to receive all statements, documents, and communications from the Provider in electronic form to the email address provided by the User during their registration in the Online Store or when placing an order (offer).

(6) Electronic statements, documents, and any communications sent by the User to the Provider from the email address provided during registration or when placing an order (offer) shall be considered as signed with a simple electronic signature. The electronic statement shall be deemed received when it enters any of the information systems indicated by the User under the previous sentence.

(7) The Parties agree that the legal force of a simple electronic signature is equivalent to that of a handwritten signature.

Art. 22. Terms differing from those set out in these General Terms may be agreed upon in additional written agreements between the Provider and the User. In the event of a conflict between such additional agreements and these General Terms, the provisions of the additional agreements shall prevail.

Art. 23.

(1) These General Terms may be amended by the Provider, who shall notify the Users accordingly.

(2) The Provider and the User agree that any amendment and/or supplement to these General Terms shall take effect for the User in one of the following cases:

After the User is explicitly notified by the Provider via the email address provided by the User and does not reject the amendments within the 14-day period granted; or

Upon the User’s explicit acceptance during the process of placing an order in the Online Store.

(3) A statement rejecting the amendments and/or supplements to the General Terms within the above deadline shall be deemed a unilateral statement of termination of the Agreement.

Art. 24. The Provider publishes the General Terms, including all amendments and supplements thereto, online at the following address:

XI. TERMINATION

Art. 25. These General Terms and Conditions and the User's agreement with the Provider shall be terminated in the following cases:

Upon termination and liquidation or declaration of insolvency of either party to the contract;

By mutual written consent of the parties;

In the event of objective impossibility for either party to perform its obligations;

In case of seizure or sealing of equipment by government authorities;

Upon deletion of the User's registration in the Online Store. In such case, already concluded but unfulfilled sales contracts remain in effect and are subject to execution;

In the cases referred to in Art. 23, para. 3.

Art. 26. The Provider is entitled, at its sole discretion, without prior notice and without owing compensation, to unilaterally terminate the agreement if it establishes that the User is using the Online Store in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms, or common rules and practices in electronic commerce.

XII. LIABILITY

Art. 27. The User agrees to indemnify and hold harmless the Provider against legal claims and other demands from third parties (regardless of whether they are justified or not) for all damages and expenses (including attorney’s fees and court costs) arising out of or in connection with:

(1) failure to fulfill any of the obligations under this contract,

(2) infringement of copyrights, production, broadcasting rights or other intellectual or industrial property rights,

(3) unlawful transfer to third parties of the rights granted to the User under this agreement, and

(4) false declaration regarding the status of a consumer within the meaning of the Consumer Protection Act.

Art. 28. The Provider shall not be held liable in cases of force majeure, accidental events, Internet issues, technical or other objective reasons, including orders from competent state authorities.

Art. 29.

(1) The Provider shall not be liable for damages caused by the User to third parties.

(2) The Provider shall not be liable for property or non-property damages, including lost profits or incurred losses suffered by the User during the use or inability to use the Online Store and in the process of concluding sales contracts with the Provider.

(3) The Provider shall not be liable for any downtime of the Online Store due to force majeure.

(4) The Provider shall not be liable for damages resulting from comments, opinions, and publications under the products, news, and articles in the Online Store.

Art. 30.

(1) The Provider shall not be liable in the event of a security breach of the technical equipment, leading to information loss, dissemination, access, restriction of access, or similar consequences.

(2) The Provider shall not be liable in the event of a sale agreement, access to information, data loss or alteration as a result of false representation by a third party posing as the User, if the circumstances reasonably suggest the person is the User.

XIII. CARD PAYMENTS AND PAYMENT METHODS

.................. offers various payment options to ensure convenience and security for its customers.

Art. 31. Card Payment

We accept payments via VISA, MasterCard, and other card types through the certified BORICA banking payment system. All payments are securely processed in compliance with international data protection standards.

Art. 32. Payment Currency:

Payments are accepted in Bulgarian Lev / Euro / US Dollars (BGN/EUR/USD) and must be made in the currency selected for the vPOS and the account. If your card is in another currency, the amount will be automatically converted at the exchange rate of the Bulgarian National Bank (BNB) on the transaction date.

Art. 33.

When the User has exercised their right to withdraw from the contract, the Provider shall refund all amounts received from the User, including delivery costs, without undue delay and no later than 14 days from the date the Provider was informed of the User’s decision to withdraw. The Provider shall make the refund using the same payment method used by the User in the original transaction.

XIV. OTHER TERMS

Art. 34.

(1) The User and the Provider agree to mutually protect their rights and legal interests, as well as to safeguard any trade secrets acquired during the execution of this agreement and these General Terms and Conditions.

(2) The User and the Provider agree not to disclose any written or verbal correspondence between them during or after the contract term. Public disclosure includes publication in print or digital media, social networks, internet forums, personal or public websites, etc.

Art. 35. The invalidity of any clause in these General Terms and Conditions does not affect the validity of the other clauses or the agreement.

Art. 36. Any matters not regulated by this agreement related to its performance and interpretation shall be governed by the laws of the Republic of Bulgaria.

§1. These General Terms and Conditions enter into force on DD.MM.YYYY.

Appendix No. 1

Standard Withdrawal Form

(Complete and send this form only if you wish to withdraw from the contract.)

To (name, address, and email address of the trader to be filled in by the trader):

I/We* hereby give notice that I/we* withdraw from my/our* contract 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 submitted on paper):

Date:

*Delete as appropriate.

Appendix No. 2

Information Regarding the Right of Withdrawal from the Contract

Standard Instructions on Withdrawal:

I. Right of withdrawal from distance or off-premises contracts.

II. You have the right to withdraw from this contract without giving any reason within 14 days.

III. The withdrawal period is 14 days from the date (to be filled in according to the contract types in item 1, letters “a” to “d” of the Completion Instructions).

To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract with a clear statement (e.g., a letter sent by post or email). You may use the attached standard withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

IV. Effects of withdrawal.

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for any additional costs arising if you chose a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. (For contracts of sale where you have not offered to collect the goods in case of withdrawal, include the text from item 4 of the Completion Instructions.) For card payments, the clauses in Section XIII apply.

For contracts involving goods, additional instructions may apply (as listed in item 5 letters “a”, “b”, or “c” of the Completion Instructions).

For contracts for services or utilities not sold in limited quantities or packaging, or central heating, additional instructions from item 6 apply.

Instructions for Completion:

Complete one of the following texts in quotation marks:

a) For contracts for services or for the supply of water, gas, or electricity, where they are not offered for sale in a limited volume or quantity, for district heating, or for digital content not supplied on a tangible medium:

"the date on which the contract was concluded."

b) For a sales contract:

"the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods."

c) For a contract under which the consumer orders multiple goods with a single order and the goods are delivered separately:

"the date on which you or a third party, other than the carrier and indicated by you, took possession of the last good."

d) For a contract under which goods consisting of multiple lots or pieces are delivered:

"the date on which you or a third party, other than the carrier and indicated by you, took possession of the last lot or piece."

e) For a contract for regular delivery of goods over a defined period:

"the date on which you or a third party, other than the carrier and indicated by you, took possession of the first good."

(amended – State Gazette, issue 20 of 2022, in force from 28.05.2022) Fill in your name, address, telephone number, and email address.

If you allow the consumer to fill in and submit information about their contract withdrawal electronically on your website, insert the following:

"You may also fill out and submit the standard withdrawal form or another unequivocal statement of withdrawal electronically on our website (insert web address). If you use this option, we will immediately send you a confirmation of receipt of your withdrawal on a durable medium (e.g., by email)."

For a sales contract where you have not offered to collect the goods in case of withdrawal, insert the following:

"We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever occurs earlier."

If the consumer has received goods in connection with the contract:

(a) add either:

"We will collect the goods," or

"You shall send back or return the goods to us or to... (insert the name and geographic address, if applicable, of the person authorized by you to receive the goods) without undue delay and in any event no later than 14 days from the day on which you informed us of your decision to withdraw from this contract. The deadline is met if you send back the goods before the 14-day period has expired."

(b) add:

"We will bear the cost of returning the goods," or

"You shall bear the direct cost of returning the goods," or

if, in a distance contract, you do not offer to bear the cost of return and due to their nature the goods cannot be returned by normal postal means:

"You shall bear the direct cost of returning the goods, estimated at ______ BGN (insert amount)," or, if the cost cannot be reasonably calculated in advance:

"You shall bear the direct cost of returning the goods. The cost is not expected to exceed approximately ______ BGN (insert amount)," or

if, in an off-premises contract, the nature of the goods makes it impossible to return them by normal postal means and they were delivered to the consumer’s home at the time the contract was concluded:

"We will collect the goods at our own expense."

(c) add:

"You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods."

For contracts for the provision of services or for the supply of water, gas, or electricity, where they are not offered for sale in a limited volume or quantity, or for district heating, add the following:

"If you requested the performance of the services or the supply of water/gas/electricity/district heating (delete as appropriate) to begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided up to the point you notified us of your withdrawal from this contract, relative to the full coverage of the contract."