General terms and conditions
Art. 1. These terms and conditions are intended to regulate relations between "VIV DESIGN" LTD with registered address and seat : Bulgaria, Sofia, 10"Pordim" str, "Renaissance”area, VAT number BG200489582, represented by Vassil Ventseslavov Dakashev,, hereinafter referred to as SUPPLIER and CONSUMER, hereinafter referred to as USER of the online store - "www.spalno-belio.com", hereinafter referred to as "e-SHOP".
ІІ. DATA of the SUPPLIER
Art. 2 Information according to the Law of the e-commerce and the Law of the Consumer Protection:
1. Identification of Supplier: VIV DESIGN LTD
2. Registered address and seat: Bulgaria, Sofia, 10 “Pordim”str., , "Renaissance”area.Address of pursuit of business: Bulgaria, Sofia, 72 “Kozloduy”str.,”Banishora” area.
4. Correspondence details: Bulgaria, Sofia, 72 “Kozloduy”str.,”Banishora” area, E-mail: email@example.com , Tel: +359 (0) 0897 00 59 68
5. The Company "VIV DESIGN" Ltd. is registered in the Commercial Register to the Registry Agency with VAT No BG200489582
6. Supervisory authorities:
(1) Commission for personal data protection-Comisia pentru protectia datelor personale
Address: Bulgaria, Sofia, 15 Ivan Evstatiev Geshov”str.
(2) Commission for Consumer protection-Comisia pentru protectia consumatorului
Address: Bulgaria, Sofia 1000 , 4“Slaveykov “Square, fl.3, 4 и 6,
Tel.: +359 2 / 980 25 24 Fax: +359 2 / 988 42 18
Hot line: 0700 111 22
7. Registration under the Value Added Tax /VAT/ - BG831674421
III. FEATURES of E-SHOP
Art. 3. E-Store is a e-shop, accessible at the Internet address www.spalno-belio.com, through which users are able to conclude contracts for sale and delivery of the offered from E-SHOP products including the following:
1. To perform registration and account creation for dealing with e-shop and use of additional services to provide information.
2. To perform electronic announcements in connection with the conclusion or performance of a contract with SUPPLIER through the interface of the page of e-shop, available online.
3. To conclude contracts for purchase/sale and delivery of goods, provided by the SUPPLIER via e-Shop.
4. To conduct all payment in connection with contracts with the SUPPLIER through e-shop, according supported by E-SHOP methods of payment.
5. To receive information about new products offered by the Supplier through electronic stores.
6. To review the products characteristics, their prices and terms of delivery.
7. To be informed of the rights arising from the law mainly through the interface of the page of the electronic shop online.
Art. 4. The supplier delivers the goods and guarantee the rights of CONSUMERS laid down in the law, in good faith, accepted into practice, consumer or commercial law criteria and conditions.
Art. 5. (1) CONSUMERS conclude a contract of sale and delivery of goods offered by the SUPPLIER through e-SHOP of SUPPLIER, available online at www.spalno-belio.com.
(2) In accordance with the concluded with SUPPLIER contract for the sale and delivery of goods, the SUPPLIER is obliged to deliver and transfer ownership to the CONSUMER of his appointed goods exported through the interface.
(3) CONSUMERS pay to the SUPPLIER announced at the address of the e-shop online price for delivered goods as well as shipping price in accordance with the terms sets on the site of the e-shop and at present general conditions.
(4) The SUPPLIER shall deliver goods ordered from the CONSUMER in the terms and conditions sets by the SUPPLIER on the site of the e-shop and under these terms and conditions.
(5) The cost of delivery is determined individually and specifically according of the price of goods.
Art. 6. (1) The CONSUMER and the SUPPLIER agree that all announcements between them in connection with the conclusion and implementation of the contract for sale and delivery can be made as electronic announcements within the meaning of Art. 2 of the Law of an electronic document and Electronic Signature Act. In accordance with Art. 11 of Electronic Commerce Law the statement for concluding the contract and confirmation of receipt are considered to be received when the parties addressed have the ability of accessing them.
(2) It is assumed that the electronic statements made by CONSUMERS of the e-shop are committed by persons referred to in the data provided by the CONSUMER at the time of registration if the CONSUMER has entered the corresponding name and password.
IV. THE USE OF E-SHOP
Art. 7. (1) In order of using of e-shop for concluding of contracts for sale and delivery of goods, the CONSUMER should be compulsory follow:
1. To sign up the at the website of the e-shop, by completing all identification data required at time of registration as a user of the website:
2. To set up chosen by him/her username and password for remote access in cases where the electronic shop requires.
(2) The name and password for remote access shall be determined by the user viaregistering electronically at the site of the Supplier.
(3) By completing the personal data and by pressing the buttons "Yes, I accept" and "Registration" the CONSUMER declares that he/she is familiar with these terms and conditions, agreed with their content and unconditionally undertakes to respect them.
(4) The SUPPLIER confirms user registration through sending him/her an e-mail to the electronic address which is provided by the CONSUMER. CONSUMER confirms registration and conclusion of the contract via clicking on the hyperlink posted in his/her e-mail from SUPPLIER. After confirmation is created a user account and contractual relations arise between the SUPPLIER AND the CONSUMER.
(5) Upon registration CONSUMER undertakes to provide trustworthy and current data. CONSUMER in a timely manner update the data referred in his/her registration in case of change.
Art. 8. (1) Users of e-shop must provide during registration their e-mail address ("Basic contact email address") for communication purposes and exchanging of electronic announcements with the Supplier.
(2) With acceptance of these Terms users give their explicit prior agreement by art. 49, p.1 pt. 3 from the Consumer protection Law referred to their main contact e-mail address to be used for communication and exchange of electronic announcements with the Supplier, including in the process of signing and performance of contracts for delivery of goods ordered by the user via e SHOP.
(3) The user has the right to change its main contact email address. Upon receipt of a request for changing of the main contact email address SUPPLIER sends a request to confirm the changes. The confirmation request is sent by the Supplier to the user to the new main contact email address. Changing the main contact email should be done after confirmation by the user, expressed by reference contained in the request for confirmation sent by the Supplier to the new main contact email address, specified by user.
(4) The SUPPLIER informs the user about the change through an email sent to the e-mail address given by the user as main contact email address before making its change under p.3.
(5) The Supplier is not responsible to the user for unauthorized changes of the Basic contact email address.
(6) The SUPPLIER may require from user to use the main contact e-mail in specific cases.
V. TECHNICAL STEPS for Concluding the sales and delivery contract
9. (1) Users mainly use interface on webpage of the SUPPLIER to conclude contracts of sale of goods offered by a SUPPLIER in E-SHOP
(2) The contract is concluded in Bulgarian language.
(3) In regard to all contracts for sale and delivery of goods between SUPPLIER and CONSUMER are applied present general conditions, available on the following Internet address (...)
(4) The contracting party with the Supplier is the CONSUMER according to data provided at registration form and contained in the personal profile of the CONSUMER. For the avoidance of doubt these are the data’s with which the account is created at the SUPPLIER.
(5) The SUPPLIER includes in interface on its website the technical means for identifying and correcting errors when entering information before making the statement about the contract.
(6) The contract for sale and delivery of goods is concluded from the time of its claiming by the user through the interface of the online shop of the Supplier.
(7) About the conclusion of the contract of sale and delivery of a product SUPPLIER shall explicitly inform the CONSUMER via his/her main contact email address.
(8) Statement of contract and confirmation of receipt are considered to be received when the parties addressed have the ability of accessing them.
(9) The SUPPLIER delivers the goods to the address specified by CONSUMER and is not responsible in case that the data’s provides from the CONSUMER are incorrect or misleading.
Art. 10. The CONSUMER concludes the contract for sale and delivery with the SUPPLIER by the following procedure:
(1) Performance of registration to the online shop and providing the necessary data If the CONSUMER have not been registered in E-SHOP till now;
(2) Logging in to carry out orders of the e-shop by identifying with the username and password;
(3) Selecting one or more of the proposed goods at the e-shop and adding them to the list of goods for purchase;
(4) Providing data for delivery;
(5) Choice of method and time of payment of the price.
(6) Confirmation of the order;
VI. SPECIFIC DUTIES OF THE SUPPLIER. CONSUMER PROTECTION
Art.11 The rules of present sector VI of these terms and conditions shall apply to the CONSUMERS, for which according to the data listed for concluding of contract for sale and delivery or during registration at the E-Shop can be inferred that appeared as CONSUMER within the meaning of the Consumer Protection Law, E-Commerce Law and/or Directive 97/7/EU of European Parliament and the Council from 20th of May, 1997 regarding the protection of CONSUMERS related to the sighing of distance contracts.
"VIV DESIGN" Ltd. is the administrator of personal data registered under the Law of protection of personal data and ensures the integrity of information containing personal data provided by users. Disclosure is only possible when the information is required by state organs or officials authorized by law to request and collect information containing personal data and subject to the statutory order. By accepting these Terms and Conditions, the user agrees his personal data to be processed electronically.
Art. 12.(1) The main characteristics of the goods offered by the Supplier are specified in the profile of each product on the website of the e-shop.
(2) Product price including all taxes shall be determined by the Supplier in the profile of each product on the site of the e-shop.
(3) The value of postal and transport costs which are not included in the price of goods shall be determined by the SUPPLIER and submitted as information to the CONSUMER in one of the following moments before signing the contract:
- In the profile of each of the products on the website of the e-shops which is owned by SUPPLIER;
- When selecting a products for conclusion of the contract for sale and delivery;
(4) The method of payment, delivery and performance of the contract is determined in these general conditions and the information provided to the CONSUMER on the website of the SUPPLIER.
(5) The information provided to consumers in this article is updated in real time of visualizing of the website of the SUPPLIER of e- shop before concluding the contract for sale and delivery.
(6) The SUPPLIER must specify the conditions for the delivery of different goods to the website of the electronic shop.
(7) The SUPPLIER points before concluding the contract total contract value for all contained in its products
Art. 13. (1) The CONSUMER agrees that the SUPPLIER has the right to receive an advance payment for contracts concluded with consumers for purchase and sale of goods and their delivery.
2) The CONSUMER selects independently whether to pay to the SUPPLIER the cost for delivering of the goods before or at the time of delivery.
Art. 14. (1) The consumer has the right, without compensation or penalty and without giving any reason to withdraw from the contract within 7 working days from the date of receipt of goods.
(2) The right of refusal under p.1 shall not apply in the following cases:
- Delivery of goods and services whose price depends on fluctuations in the financial markets that provider is not able to control;
- Delivery of goods made according to the requirements of the user or his individual orders;
- Delivery of goods which by their nature are consumable or cannot be returned or perishable, or are in danger of deterioration in the quality characteristics, including for perfumery and cosmetic products;
- Delivery of audio and video recordings or software, printed by the user;
- The delivery of newspapers, magazines and other periodicals;
(3) If the SUPPLIER has failed to comply its obligations to provide information specified in Art. 54 of the Law for consumer protection, consumer has the right to withdraw from the contract within three months from the date of receipt of goods. When the information in this paragraph is provided to the consumer within the withdrawal period, it begins to run from the date of granting.
(4) In case that the CONSUMER exercises his right of withdrawal under p.1, the SUPPLIER is obliged to refund the full amount paid from the consumer no later than 30 calendar days from the date on which the consumer has exercised his right of withdrawal from the contract. From the amount that the user has paid under the contract shall be deducted the cost of returning the goods unless the user has returned the goods for its own account and notifies the supplier about it.
(5) The user is obliged to keep received from the Supplier products, their quality and safety during the period under p.1.
Art. 15. (2) In case that the consumer and supplier have agreed a different delivery period, the period of delivery of goods is 30 working days from the date of order from the consumer to supplier via website of the supplier.
(3) If the SUPPLIER cannot fulfill the contract because it does not have the goods ordered,
he is obliged to inform the CONSUMER and to recover amounts paid within 30 working days from the date on which the SUPPLIER had to fulfill its obligation under the contract.
(4) In the cases under p. 3 the SUPPLIER has the right to deliver to the consumer goods of the same quality and price. The supplier shall inform the consumer by electronically way about change of the performance of the contract.
(5) In case of exercising the right of withdrawal of deliveries under p. 4, the cost of returning the goods is paid by the SUPPLIER.
Art. 16. (1) The SUPPLIER transmits goods to the CONSUMER after verifying compliance with the requirements and the existence of the circumstances under Art. 61 from the Law of consumer protection.
(2) CONSUMER and SUPPLIER certifying the circumstances under p.1 written in the time of delivery by a handwritten signature, unless otherwise agreed.
(3) The CONSUMER and the SUPPLIER agreed that the requirements under p.1 and Art. 61 of the Law of Consumer Protection would be met if the certification is made by a person for whom according of circumstances may be inferred that he would forward the information to the consumer - a contract party.
VII. OTHER TERMS
Art. 18. The CONSUMER must inspect the goods at the time of delivery and transmission by the Supplier and if the goods does not meet the requirements to notify the Supplier immediately.
Art. 19. (1) The SUPPLIER shall take steps to protect the privacy of the CONSUMER under the Law of protection of personal data.
(2) For reasons of security of personal data of CONSUMERS, the supplier will send data only to e-mail address that has been specified by users upon registration.
Art. 20. (1) At any time, the Contractor has the right to requests the user to identify and verify the authenticity of any of the advertised during registration circumstances and personal data.
(2) In the event that for some reason user has lost or forgotten their username and password, the provider may implement the declared "Procedure for lost or forgotten user names and passwords," available at www.spalno-belio.com//users / reset password
IX. AMENDMENT AND ACCESS TO THE GENERAL CONDITIONS
Art. 21. (1) These terms and conditions may be amended by the Supplier, of which he will adequately inform all consumers of e-shop that have registered already.
(2) The supplier and consumer agree that any supplement or amendment of these Terms will be effective up to the consumer after explicit notification by the Supplier and if consumer does not declare in the provided 14 days that rejected them.
(3) The user accepts that all statements of the Contractor in connection with the amendment of these terms and conditions will be sent to the email address specified by the user during registration. User agrees that e-mails sent under this article need to be signed with an electronic signature, to have effect in respect of him.
Art. 22. The provider published these Terms at www.spalno-belio.com together with all amendments and supplements thereto.
Art. 23. The present separate contract of CONSUMER with the SUPPLIER shall be terminated in the following cases:
- In case of termination and declaration of insolvency or declaration of bankruptcy of one of the parties;
- By mutual consent of the parties in writing;
- Unilaterally, with notice by either party in the event of default of the other party;
- Objective inability of any of the parties to perform their obligations;
- In the seizure or sealing equipment from government authorities;
- In case of cancellation of the registration of the user on the site of the electronic shop. In this case concluded, but outstanding contracts of sale shall remain valid and enforceable;
- In case of exercising of the right of withdrawal according to Art. 55, p. 1 of the Law of consumer protection.
- To exercise the right of withdrawal, you must inform us about your decision to withdraw from the contract by an unequivocal statement (for example – with letter via post office, via fax or e-mail).
• You can use the attached standard withdrawal form, but it is not mandatory. DOWNLOAD FORM HERE!
• You can fill out and submit applications electronically filling up standard withdrawal form or any other unequivocal statement and send it to the e-mail address: firstname.lastname@example.org or via our website www.spalno-belio.com. If you use this option, we will immediately send you a durable medium (for example - by e-mail) notice of confirming receipt of the refusal.
XII. OTHER CONDITIONS
Art. 24. Potential invalidity of any provision of these terms and conditions will not lead to the invalidity of the whole contract.
Art. 25. For all outstanding contract issues related to the implementation and interpretation of this contract shall apply the laws of the Republic of Bulgaria.
Art. 26. All disputes between the parties of this agreement shall be resolved by the competent court or the Commission of Consumer Protection.
Art. 27. These terms and conditions shall enter into force for all users of www. spalno-belio.com