GENERAL TERMS AND CONDITIONS OF THE E-SHOP
TERMS AND CONDITIONS OF THE ONLINE STORE
GYOKOVI.SHOP
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between “Bratya Gyokovi” Ltd., Radievo village, Komsomolska str. 2, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the online store www.gyokovi.shop, hereinafter referred to as the “ONLINE STORE”.
II. SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: “Bratya Gyokovi” Ltd.
2. Seat and management address: Radievo village, Komsomolska str. 2
3. Address for carrying out the activity: Radievo village, Komsomolska str. 2
4. Correspondence data: Radievo village, Komsomolska str. 2
5. Entry in public registers: UIC BG126132800
. Supervisory bodies:
(1) Commission for Personal Data Protection
Address: Sofia 1592, "Prof. Tsvetan Lazarov" Blvd. No 2,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, "Slaveykov" Square No 4A, fl. 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
8. Registration under the Value Added Tax Act No BG 126524947
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is accessible at www.gyokovi.shop, through which Users can enter into contracts for the purchase and sale and delivery of goods offered by the ONLINE STORE, including the following:
1. To register and create a profile to browse the ONLINE STORE and use additional services for providing information;
2. To make electronic statements regarding the conclusion or execution of contracts with the ONLINE STORE through the interface of the ONLINE STORE's website, accessible on the Internet;
3. To conclude contracts for the purchase and sale and delivery of goods offered by the ONLINE STORE;
4. To make all payments related to the contracts concluded with the ONLINE STORE, according to the payment methods supported by the ONLINE STORE.
5. To receive information about new goods offered by the ONLINE STORE;
6. To view goods, their characteristics, prices, and delivery conditions;
7. To be notified of the rights arising from the law mainly through the interface of the ONLINE STORE's website on the Internet;
8. To exercise the right of withdrawal from the distance contract for goods offered by the Supplier for which the right of withdrawal from the contract is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, provided for by law, within the framework of good faith, accepted practices, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract for the purchase and sale of goods offered by the ONLINE STORE through the Supplier's interface, accessible on its website or other means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to deliver and transfer ownership of the goods specified by the User through the interface.
(3) Users pay the Supplier a remuneration for the delivered goods according to the conditions specified on the ONLINE STORE and these general terms and conditions. The remuneration is in the amount of the price announced by the Supplier at the address of the ONLINE STORE on the Internet.
(4) The Supplier delivers the goods ordered by the Users within the deadlines and under the conditions specified by the Supplier on the online store's website and according to these general terms and conditions. (5) The delivery price is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them regarding the conclusion and execution of the contract of sale and purchase can 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 electronic statements made by Users on the site are made by the persons specified in the data provided by the User during registration, if the User has entered the corresponding name and access password.
IV. USE OF THE ONLINE STORE
Art. 7. (1) In order to use the ONLINE STORE for concluding contracts for the purchase and sale of goods, the User must enter a chosen name and password for remote access, in cases where the online store requires registration.
(2) The name and password for remote access are determined by the User through electronic registration on the Supplier's website.
(3) By filling in their data and clicking the “Yes, I accept” or “Register” buttons, 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 Supplier confirms the registration made by the User by sending a letter to the email address specified by the User, which also contains information for activating the registration. The User confirms the registration and the conclusion of the contract through an electronic link in the letter with which they were notified of the registration, sent by the Supplier. After confirmation, a User account is created, and contractual relations arise between the User and the Supplier.
(5) When registering, the User undertakes to provide true and up-to-date data. The User promptly updates the data specified in their registration in case of a change.
(6) To use the full functionality of the Supplier's online store, the User undertakes to register on the online store's website. The Supplier is not responsible if, due to a lack of registration, the User was unable to use the full functionality of the online store, including with regard to exercising rights under the contract, the possibility of claiming a lower price, and other similar functions.
(7) These general terms and conditions can be accepted by Users even without registration in the ONLINE STORE through an explicit statement of will, including through the ONLINE STORE's website.
Art. 8. (1) The e-mail address provided during the User's initial registration, as well as every subsequent e-mail address used for exchanging statements between the User and the Supplier, is a "Primary e-mail address" within the meaning of these general terms and conditions. The User has the right to change their Primary contact e-mail address.
(2) Upon receipt of a request for changing the Primary contact e-mail address, the Supplier sends a request for confirmation of the change. The confirmation request is 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 carried out after confirmation by the User, expressed through a link contained in the confirmation request sent by the Supplier to the new Primary contact e-mail address specified by the User.
(4) The Supplier informs the User about the change made, via an e-mail sent to the Primary contact e-mail address specified by the User before its change under para. 2.
(5) The Supplier is not responsible to the User for unauthorized changes to the Primary contact e-mail address.
(6) The Supplier may require the User to use the Primary contact e-mail address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AND SALE AGREEMENT
Art. 9. (1) Users primarily use the interface of the Supplier's website to conclude contracts for the purchase and sale of goods offered by the Supplier in the ONLINE STORE. (2) The contract is concluded in Bulgarian.
(3) The contract between the Supplier and the User represents these general terms and conditions, available on the ONLINE STORE's website.
(4) The party to the contract with the Supplier is the User according to the data provided during registration and contained in the User's personal profile. To avoid doubt, these are the data with which an account was created with the Supplier.
(5) The Supplier includes technical means for establishing and correcting errors in entering information in the interface of its website before the statement for concluding the contract is made.
(6) This contract is considered concluded from the moment of the User's registration with the Supplier or the acceptance of the general terms and conditions in another explicit way, including through a statement on the Supplier's website. The contract for the purchase and sale of goods is considered concluded from the moment it is ordered by the User through the Supplier's interface.
(7) For the conclusion of this contract and for the conclusion of the contract for the purchase and sale of goods, the Supplier explicitly notifies the User in an appropriate way through electronic means. (8) The statement for concluding the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not responsible if the data specified by the Users is incorrect or misleading.
Art. 10. (1) Users conclude the purchase and sale agreement with the Supplier according to the following procedure:
Registration in the ONLINE STORE and providing the necessary data, if the User has not yet registered in the ONLINE STORE, or by ordering goods without registering;
Logging into the ONLINE STORE's order system by identifying with a name and password and another identification method;
Selecting one or more of the goods offered by the ONLINE STORE and adding them to a list of goods for purchase;
Providing data for delivery;
Choosing a payment method and time for the price.
Order confirmation;
(2) Users can conclude the purchase and sale agreement with the Supplier even without registration, by using the corresponding functionality in the online store's interface.
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this section VI of these general terms and conditions apply to Users who, according to the data provided for the conclusion of the purchase and sale contract or during registration in the ONLINE STORE, can be concluded to be consumers 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 are defined in the profile of each product on the ONLINE STORE's website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ONLINE STORE's website.
(3) The amount of postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following times before the conclusion of the contract:
– In the profile of each of the goods on the Supplier's website at the ONLINE STORE;
– When selecting the goods for concluding the purchase and sale contract;
(4) The method of payment, delivery and execution of the contract is determined in these general terms and conditions, as well as the information provided to the User on the Supplier's website.
(5) The information provided to Users under this article is current at the time of its visualization on the Supplier's website before the conclusion of the purchase and sale contract.
(6) The Supplier is obliged to indicate the delivery conditions for individual goods on its website.
(7) The Supplier indicates the total value of the order for all goods contained in it before the conclusion of the contract.
(8) Users agree that all information required by the Consumer Protection Act can be provided through the interface of the ONLINE STORE platform or by email.
Art. 13. (1) The Consumer agrees that the Supplier has the right to accept advance payment for contracts concluded with the consumer for the purchase and sale of goods and their delivery. (2) The Consumer independently chooses whether to pay the Supplier the price for the delivery of the goods before or at the time of their delivery.
Art. 14. (1) The consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days, starting from the date of acceptance of the goods, using the unified withdrawal form available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Consumers can also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
1. for the delivery of goods manufactured to the consumer's order or according to their individual requirements;
2. for the delivery of goods which, due to their nature, may deteriorate or have a short shelf life;
3. for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for reasons related to hygiene or health protection;
4. for the delivery of goods which, after being delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
5. for the delivery of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(3) When the Supplier has not fulfilled its obligations to provide information, as defined in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, the same begins to run from the date of its provision. The consumer has the right to make the statement of withdrawal under this article directly to the Supplier using the unified withdrawal form available on the Supplier's website.
(4) When the Consumer has exercised their right of withdrawal from the distance contract or the off-premises contract, the Supplier shall refund all sums received from the Consumer, including delivery costs, without undue delay and no later than 14 days from the date on which they were informed of the Consumer's decision to withdraw from the contract. The Supplier shall refund the received sums using the same payment method used by the consumer for the initial transaction, unless the consumer has expressly agreed to use another payment method and provided that this is not associated with costs for the Consumer.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods are at the expense of the consumer, and the costs of returning the goods are deducted from the amount paid by the Consumer under the contract. The Supplier is not obliged to refund additional costs for the delivery of the goods when the Consumer has expressly chosen a method of delivery of 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 and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The Consumer may exercise their right of withdrawal from the contract with the Supplier by sending a written statement to the Supplier using the standard withdrawal form available on the ONLINE STORE's website.
(8) When the Supplier has not offered to collect the goods themselves, they may withhold payment of the consumer's sums until they receive the goods or until the Consumer provides proof that they have sent the goods back, whichever occurs first.
Art. 15. (1) The delivery period for the goods and the starting moment from which it runs is determined for each item individually when concluding the contract with the consumer through the Supplier's website, unless the goods are ordered in a single delivery.
(2) In case the consumer and the Supplier have not agreed on a delivery period, the delivery period for the goods is 30 working days, counting from the day following the sending of the consumer's order to the Supplier through the online store's website.
(3) If the Supplier cannot fulfill the contract because they do not have the ordered goods, they are obliged to notify the Consumer and refund the amounts paid by them.
Art. 16. (1) The Supplier hands over the goods to the consumer after verifying the fulfillment of the requirements for providing information to the consumer according to the Consumer Protection Act.
(2) The Consumer and the Supplier certify the circumstances under para. 1 in writing at the time of delivery with a handwritten signature, unless otherwise agreed.
(3) The Consumer and the Supplier agree that the requirements under para. 1 will be complied with if the verification is carried out by a person who, according to the circumstances, can be concluded to transmit the information to the consumer - party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Supplier shall deliver and hand over the goods to the User within the period specified at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of their delivery and handover by the Supplier and, if they do not meet the requirements, must notify the Supplier immediately.
VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The Supplier takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For the security of Users' personal data, the Supplier will only send data to the email address provided by the Users at the time of registration.
(3) The Supplier adopts and publishes a Privacy Policy on its website.
(4) Users agree that the Supplier has the right to process their personal data necessary for the fulfillment of orders in the e-shop and the execution of the contract.
Art. 20. (1) At any time, the Supplier has the right to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for some reason the User has forgotten or lost their username and password, the Supplier has the right to apply the announced Procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Supplier, for which the latter will notify all Users who have registered in an appropriate manner. (2) The Supplier and the User agree that any additions and amendments to these general terms and conditions will be effective with respect to the User after their explicit notification by the Supplier and if the User does not declare within the given 30-day period that they reject them.
(3) The User agrees that all statements of the Supplier regarding the amendment of these general terms and conditions will be sent to the email address specified by the User during registration. The User agrees that electronic letters sent under this article do not need to be signed with an electronic signature to be effective with respect to them.
Art. 22. The Supplier publishes these general terms and conditions on its website along with all additions and amendments thereto.
X. TERMINATION
Art. 23. These general terms and conditions and the User's contract with the Supplier are terminated in the following cases:
upon termination and declaration of liquidation or declaration of insolvency of one of the parties to the contract;
by mutual consent of the parties in writing;
unilaterally, with notice from either party in case of non-fulfillment of the obligations of the other party;
in case of objective impossibility of any 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 website. In this case, concluded but unfulfilled sales contracts remain in force and are subject to fulfillment;
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 for the delivery of the respective ordered goods is terminated, if the right of withdrawal from the contract is applicable to the respective category of goods.
XI. OTHER PROVISIONS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 25. For matters not regulated by this contract concerning its performance and interpretation, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.