E-SHOP GENERAL TERMS AND CONDITIONS
- SUBJECT MATTER
Art. 1. These General Terms and Conditions are intended to regulate the relations between “Mortali” Ltd., Dryanovo, 13 Bacho Kiro Str, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the e-shop www.bebetech.net, hereinafter referred to as the “E-SHOP”.
ІІ. SUPPLIER DATA
Art. 2. Information in conformity with the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: Mortaly OOD
2. Headquarters and management address: Dryanovo, 13 Bacho Kiro Str
3. Activity address: Dryanovo, Maxim Raikovich Str., № 1-9
4. Correspondence information: Dryanovo, Maxim Raykovich Str.,-1-9
5. Entry in public registers: UIC 200409547
6. Certificate number as personal data controller № …………………… ..
7. Supervisory authorities:
(1) Commission for Personal Data Protection
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
(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
8. VAT Registration № BG 200409547
III. CHARACTERISTICS OF the E-SHOP
Art. 3. The e-shop is accessible at the Internet address www.bebetech.net, through which Users are able to enter into contracts for the sale and delivery of goods offered by the E-SHOP, including the following:
1. To register and create a profile to browse the E-SHOP and use the additional services, which provide information;
2. To make electronic statements in connection with the conclusion or performance of contracts with the E-SHOP through the interface of the E-SHOP web page, available on the Internet;
3. To enter into contracts for purchase and sale and delivery of goods offered by the E-SHOP;
4. To make any payments in relation to the concluded contracts with the E-SHOP, according to the payment methods maintained by the E-SHOP.
5. To receive information about the new goods offered by the E-SHOP;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be notified about their rights arising out of the law mainly through the interface of the E-SHOP page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier, where the right of withdrawal from the contract is applicable;
Art. 4. The Supplier delivers the goods conscientiously and in accordance with the criteria, conditions and good practices in commercial and consumer law, and guarantees the rights of the Users provided by law.
Art. 5. (1) The Users enter into a contract for purchase and sale of the goods, offered by the E-SHOP, through the interface of the Supplier, accessible on its website or by other means of distance communication.
(2) By virtue of the purchase and sale contract concluded with the Users, the Supplier shall be obliged to deliver and transfer the ownership of the goods, specified by the user through the interface to the User.
(3) The Users shall pay the Supplier for the goods delivered according to the conditions, determined by the E-SHOP and the present General Conditions. The payment shall equal the price announced by the Supplier at the address of the E-SHOP on the Internet.
(4) The Supplier shall deliver the goods ordered by the Users within the time and under the conditions set by the Supplier on the e-shop’s website and according to the present General Conditions. (5) The delivery price shall be explicitly determined, separately from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the contract of sale can be done 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 web site are made by the persons specified in the data provided by the User when registering, if the User has entered the respective name and password for access.
- USING THE E-SHOP
Art. 7. (1) In order to use the E-SHOP to enter into purchase contracts, the User should enter his/her remote access name and password, in case the e-shop requires registration.
(2) The remote access name and password are set by the User, by electronic registration with the Supplier’s website.
(3) By filling in his/her data and pressing the buttons “Yes, I accept” or “Registration”, the User declares that he/she is familiar with the General Conditions, agrees with them and undertakes to comply with them unconditionally.
(4) The Supplier shall confirm the registration made by the User by sending a letter to the e-mail address specified by the User, to which information about activating the registration shall also be sent. The User shall confirm the registration and conclusion of the contract by electronic reference in the notifying letter sent by the Supplier of successful registration. After confirmation, the User account is created and both the User and the Supplier enter into contractual relationships.
(5) Upon registration, the User shall provide accurate and actual data. The user shall duly update the data specified at his or her registration in case of any change.
(6) In order to use the full function of the Supplier’s e-shop, the User shall undertake to register on the e-shop web site. The Supplier shall not take any responsibility if, due to lack of registration, the User is not able to use the full functionality of the e-shop, including in terms of exercising any rights under the contract, the ability to claim a lower price or any other similar functions.
(7) These General Terms and Conditions may be accepted by the Users without registration with the E-SHOP, by explicit declaration of intention, including through the E-SHOP web site.
Art. 8. (1) The e-mail address provided during the initial registration of the User, as well as any subsequent e-mail address used for exchange of statements between the User and the Supplier, is the “Primary e-mail address” within the meaning of these General Conditions. The User shall have the right to change his/her “Primary email address” for contact.
(2) Upon receipt of a request for change of the Primary email address, the Supplier shall send a request for confirmation of the change. The request for confirmation shall be sent by the Supplier to the new Primary contact e-mail address, specified by the User.
(3) The change of the primary contact e-mail address is made after confirmation by the User, expressed by a reference link within the confirmation request, sent by the Supplier to the new Primary contact e-mail address, indicated by the User.
(4) The Supplier shall inform the User about the changes made by e-mail, sent to the Primary contact e-mail address indicated by the User before making the change under para. 2.
(5) The Supplier shall not be liable to the User for any illegal change of the Primary contact e-mail address.
(6) In particular cases the Supplier may require from the User to use the Primary contact e-mail address.
- TECHNICAL STEPS FOR ENTERING INTO A PURCHASE AGREEMENT
Art. 9. (1) The users mainly use the Supplier’s page interface in order to enter into purchase contract for goods offered by the the E-SHOP Supplier. (2) The contract shall be concluded in Bulgarian.
(3) The contract between the Supplier and the User represents the present General Conditions, available on E-SHOP web site.
(4) A party to the contract with the Supplier is the User according to the data provided with registration as part of the User personal profile. For the avoidance of any doubt, these are the data with which an account with the Supplier has been created.
(5) The Supplier shall include technical tools in their website interface for finding out and correcting errors in the input, before a statement for entering into contractual relationship is made.
(6) This contract shall be considered as concluded from the moment of registration of the User with the Supplier or of acceptance of the General Conditions in another explicit way, including by a statement on the Supplier’s website. The purchase and sale contract is considered as concluded from the moment a product/s have been ordered by the User through the Supplier’s interface.
(7) Of entering into this contract and of the conclusion of the purchase and sale contract, the Supplier shall explicitly notify the User in an appropriate manner electronically.
(8) The statement of concluding the contract and the confirmation of receipt shall be considered received when the addressees are able to access them.
(9) The Supplier shall deliver the goods to the address setd by the User and shall not bear any responsibility in case the data indicated by the User are incorrect or misleading.
Art. 10. (1) The Users shall conclude the purchase and sale contract with the Supplier according to the following procedure:
Registering with the E-SHOP and providing the necessary data, in case the User has not yet registered to the E-SHOP, or by ordering goods without registration;
Entering the system for placing orders to the E-SHOP by name and password identification, as well as other ways of identification;
Selecting one or more of the goods offered by the E-SHOP and adding them to a list of goods for purchase;
Providing delivery data;
Choosing a payment method and time for payment;
(2) Users may also enter into a contract of sale with the Supplier without registration, by using the relevant functionality of the e-shop interface.
- SPECIAL OBLIGATIONS ON THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this section VI of the present General Terms and Conditions shall apply to Users for whom, according to the data provided for the conclusion of the purchase and sale contract or at registration with the E-SHOP, 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. 12. (1) The main characteristics of the goods offered by the Supplier shall be defined in the profile of each product on E-SHOP web site.
(2) The price of the goods, including all taxes, shall be determined by the Supplier in the profile of each product on the E-SHOP web site.
(3) The amount of the postage and transport costs, not included in the price of the goods, shall be determined by the Supplier and shall be communicated to the Users at one of the following stages before concluding the contract:
– In the profile of each of the goods on the website of the E-SHOP Supplier;
– When choosing the goods for concluding the purchase and sale contract;
(4) The method of payment, delivery and contract performance is defined within these General Terms and Conditions, as well as within the information provided to the User on the Supplier’s website.
(5) The information provided to the Users under this article shall be up-to-date to the moment of its visualization on the Supplier’s website before the conclusion of the purchase and sale contract.
(6) The Supplier shall specify the delivery conditions of any particular product on their website.
(7) The Supplier shall indicate before the conclusion of the contract the total amount of the order for all the goods enlisted therein.
(8) Users agree that all the information required by the Consumer Protection Act may be provided through the E-SHOP platform interface or by e-mail.
Art. 13. (1) The consumer agrees that the Supplier shall have the right to accept advance payment under the purchase and sale contracts concluded with the consumer and their delivery. (2) The consumer shall choose independently whether to pay the Supplier the delivery price before or at the time of delivery of goods.
Art. 14. (1) The consumer shall have the right, without any due compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods through the contract withdrawal template, available on the Supplier’s web site. Information on exercising the right of withdrawal is available on the Supplier’s website. Users may also use any other unambiguous statement, which can be recorded on a durable medium.
(2) The right of refusal under para. 1 shall not apply in the following cases:
- 1. For delivery of customised goods, or of goods produced according to the consumer’s individual requirements;
- For delivery of goods, which, due to their nature, may deteriorate or have a short shelf life;
- For delivery of sealed goods, which have been unsealed after delivery and cannot be returned due to considerations related to hygiene or health protection;
- For delivery of goods, which after they have been delivered and due to their nature have mixed with other goods, from which they cannot be separated;
- For delivery of sealed sound or video recordings or sealed computer software, which have been unsealed after delivery;
- For delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such editions;
(3) When the Supplier has not fulfilled their obligations to provide information, specified in the Consumer Protection Act, the Consumer shall have the right to withdraw from the contract within one year and 14 days from the date of receipt of the goods. When the information has been provided to the User within the withdrawal period, the period begins to run from the provision date. The User shall have the right to send the withdrawal statement under this article directly to the Supplier through the withdrawal template available on the Supplier’s website.
(4) When the User has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall reimburse all the amounts received by them from the User, including delivery costs, without undue delay and no later than 14 days from the date on which they have been notified of the User’s decision to withdraw from the contract. The Supplier shall refund the amounts received using the same method of payment as the one used by the User in the initial transaction, unless the User has expressed his or her explicit consent to use another payment method and provided that this does not incur any costs for the User.
(5) In case of exercising the right of refusal, the return costs for the goods delivered shall be at the expense of the consumer and the amount of return costs shall be deducted from the amount, which the User has paid under the contract. The Supplier shall not be obliged to reimburse the additional costs for delivery of the goods, when the User has explicitly chosen a method of delivery of the goods, other than the cheapest type of standard delivery offered by the Supplier.
(6) The consumer is obliged to keep the goods received by the Supplier and to preserve and ensure product quality and safety during the period under para. 1.
(7) The User shall be able to exercise his/her right to withdraw from the contract with the Supplier by sending a written statement to the Supplier through the standard withdrawal form to the contract, available on the E-SHOP website.
(8) When the Supplier has not offered to collect the goods by themselves, they may retain payment of the amounts to the consumer until they receive the goods or until the User provides proof that he/she has sent the goods back, whichever occurs first.
Art. 15. (1) The period of delivery of the goods and the initial moment from which it runs shall be determined for each product separately through the Supplier’s website when concluding the contract with the consumer, unless the goods have been ordered within the same delivery.
(2) In case the consumer and the Supplier have not set a delivery time, the delivery time of the goods shall be 30 working days from the date following the sending of the consumer’s order to the Supplier through the e-shop website.
(3) In case the Supplier is not able to fulfill their contract obligations due to the fact that they do not have the ordered goods in stock, they shall be obliged to notify the User and to refund the amounts paid by him.
Art. 16. (1) The supplier shall hand over the goods to the consumer after certifying the fulfillment of the requirements for providing information to the consumer according to the Consumer Protection Act.
(2) The User and the Supplier 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 Supplier agree that the requirements under para. 1 will be met if the certification is performed by a person for whom according to the circumstances it can be concluded that he will communicate the information to the consumer, who is a party under the contract.
VII. OTHER TERMS
Art. 17. The Supplier shall deliver and hand over the goods to the User within the period set at the conclusion of the contract.
Art. 18. The User shall inspect the goods at the time of delivery and hand-over by the Supplier and if it they do not meet the requirements notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Supplier shall take measures to protect the User’s personal data in compliance with the Personal Data Protection Act.
(2) For security reasons, the Supplier shall send the Users’ personal data only to the e-mail address, indicated by the Users at the moment of registration.
(4) The Users agree that the Supplier shall have the right to process their personal data necessary for the execution of the orders to the e-shop and the performance of the contract.
Art. 20. (1) At any time, the Supplier shall have the right to request User identification and to certify the authenticity of each of the circumstances and personal data announced at registration.
(2) In case the User has forgotten or lost his/her name and password for any reason, the Supplier shall have the right to apply their announced Procedure on lost or forgotten names and passwords.
- AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 21. (1) The current General Terms and Conditions may be amended by the Supplier, for which the latter shall notify all registered Users in an appropriate manner. (2) The Supplier and the User agree that any additions or amendments of these General Terms and Conditions shall come into effect to the User upon explicit notification by the Supplier and if the User does not declare within the 30-day period that he/she rejects them.
(3) The User shall agree that all statements of the Supplier related to the amendment of these General Conditions shall be sent to the e-mail address specified by the User at registration. The User shall agree that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to come into effect for the User.
Art. 22. The Supplier shall publish these General Terms and Conditions on their website address together with all additions and amendments thereto.
Art. 23. The present General Conditions and the contract of the User with the Supplier shall be terminated in the following cases:
- upon termination and liquidation or bankruptcy of one of the parties under the contract;
- by mutual consent of the parties in writing;
- unilaterally, with advance notice by each of the parties in case of non-fulfillment of obligations of the other party;
- in case of objective impossibility of any of the parties to perform their obligations;
- in case of confiscation or sealing of the equipment by state bodies;
- in case of erasure of the User’s registration on the E-SHOP web In this case, the concluded purchase and sale contracts, which have not been performed, remain in force and are subject to performance;
- in case of exercising the right of withdrawal according to art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract of delivery of the respective ordered goods is terminated, if the right of withdrawal from the contract is applicable to the respective category of goods.
- OTHER TERMS
Art. 24. Any invalidity of any of the provisions of these General Terms and Conditions shall not lead to invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the performance and interpretation of this contract.
Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
Internet address to online dispute resolution: