GENERAL TERMS OF ELECTRONIC STORE
Art. 1. These general conditions are intended to regulate the relationship between "EXOTIC LAND“ Ltd, city. Sofia, he is. Hajdushka spring, 18, bl. 41, entrance. A, meat. 7, hereinafter referred to as SUPPLIER for short, and the customers, hereinafter referred to as USERS, of the e-shop exoticland.bg, hereinafter referred to as "ELECTRONIC STORE".
II. PROVIDER DATA
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: „EXOTIC LAND“ Ltd
2. Headquarters and address of management: BULGARIA, city. Sofia, Krasna Polyana district, Haidushko Izvorche St, 18, bl. 41, entrance. A, meat. 7
3. Address for exercising the activity: Sofia city 1618, he is. Marinkovica 29
4. Correspondence data: firstname.lastname@example.org
5. Entry in public registers: EIC 202454943
6. Personal data controller certificate number no
(1) Commission for the Protection of Personal Data
Address: Sofia 1592, is it. "Prof. Tsvetan Lazarov" no 2,
language: (02) 940 20 46
fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
(2) Consumer Protection Commission
Address: 1000 city. Sofia, sq.”Slaveykov” No. 4A, Meat. 3, 4 and 6,
language: 02 / 980 25 24
fax: 02 / 988 42 18
hot line: 0700 111 22
8. Registration under the Value Added Tax Act No. BG
III. CHARACTERISTICS OF ELECTRONIC STORE
Art. 3. The e-shop is available at an address on the Internet exoticland.bg , through which the Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE, including the following:
1. To register and create a profile to view the ELECTRONIC STORE and use the additional services to provide information;
2. To make electronic statements in connection with the conclusion or execution of contracts with ELECTRONIC STORE through the interface of the ELECTRONIC STORE page, available on the Internet;
3. To conclude contracts for purchase and sale and delivery of the goods, offered by ELECTRONIC STORE;
4. To make any payments in connection with the concluded contracts with ELECTRONIC STORE, according to the payment methods supported by ELECTRONIC STORE.
5. To receive information about new goods, offered by ELECTRONIC STORE;
6. To inspect the goods, their characteristics, prices and terms of delivery;
7. To be informed of rights, arising from the law primarily through the interface of the ELECTRONIC STORE page on the Internet;
8. To exercise the right to withdraw from the contract, concluded at a distance for the 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 in the law, within the bounds of good faith, adopted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) The users conclude a contract for the purchase and sale of the goods, offered by the ELECTRONIC STORE through the Supplier's interface, available on its website or other means of remote 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 ownership of the goods specified by him through the interface to the User.
(3) The Users shall pay the Supplier remuneration for the delivered goods according to the terms, set on the ELECTRONIC STORE and these general terms and conditions. The reward is equal to the price, announced by the Provider at the address of the ELECTRONIC STORE on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions, determined by the Provider on the e-shop page and according to these general terms and conditions. (5) The price for delivery is determined separately and explicitly 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 sales contract 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) Supposed, that electronic statements, carried out by the Users of the site, were carried out by the persons, specified in the data, provided by the User during registration, if the User has entered the corresponding access name and password.
IV. USE OF ELECTRONIC STORE
Art. 7. (1) To use the ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, The user should enter a username and password of his choice for remote access, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User, by registering electronically on the Provider's website.
(3) By filling in your details and pressing the buttons “Yes, I accept” or “Registration”, The user declares, that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.
(4) The Provider confirms the User's registration, by sending a letter to the email address specified by the User, to which information to activate the registration is also sent. The user confirms the registration and conclusion of the contract through an electronic reference in the letter, with which he is notified of the completed registration, sent by the Supplier. After the confirmation, the User's account is created and a contractual relationship is established between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The user promptly updates the data, specified in your registration, in case of change.
(6) To use the full functionality of the Provider's online store, The user undertakes to register on the website of the electronic store. The supplier is not responsible, in case, due to lack of registration, the User could not use the full functionality of the electronic store, including in relation to the exercise of rights under the contract, ability to claim a lower price and other similar features.
(7) The present general terms and conditions can be accepted by the Users even without registration in the ELECTRONIC STORE through an express declaration of will, including through the ELECTRONIC STORE website.
Art. 8. (1) The email address, provided during the initial registration of the User, as well as any subsequent email address, used to exchange statements between the User and the Provider, is a "Primary Email Address" within the meaning of these Terms and Conditions. The User has the right to change his Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, The provider sends a request to confirm the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User.
(3) The change of the Primary contact e-mail address is carried out after confirmation by the User, expressed by reference, contained in the confirmation request, sent by the Provider to the new Primary contact email address specified by the User.
(4) The Provider informs the User about the change, by email, sent to the Primary contact e-mail address specified by the User before making its change under para. 2.
(5) The Provider is not responsible to the User for an illegal change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 9. (1) Users primarily use the interface on the Provider's page, to enter into contracts for the purchase and sale of the goods offered by the Supplier in an ELECTRONIC STORE. (2) The contract is concluded in Bulgarian.
(3) The contract between the Supplier and the User constitutes the present general terms and conditions, available on the ELECTRONIC STORE website.
(4) 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. For the avoidance of doubt, these are the data, with which an account was created with the Supplier.
(5) The provider includes in the interface of its Internet page, technical means for identifying and correcting errors when entering information, before the declaration of the conclusion of the contract is made.
(6) This contract is considered concluded from the moment the User registers with the Provider or accepts the general conditions in another express 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 of its request 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 expressly notifies the User in an appropriate manner by electronic means. (8) The statement of conclusion of the contract and the confirmation of its receipt are considered received, when their recipients are able to access them.
(9) The supplier delivers the goods to the address specified by the Users and is not responsible in case, that the data provided by the Users is false or misleading.
Art. 10. (1) The users conclude the purchase and sale contract with the Supplier according to the following procedure:
Registering in the ELECTRONIC STORE and providing the necessary data, if the User has not yet registered in an ELECTRONIC STORE or by requesting a product without registering;
Logging into the ELECTRONIC STORE ordering system by identifying with a name and password and another means of identification;
Selecting one or more of the goods offered on the ELECTRONIC STORE and adding them to a list of goods for purchase;
Provision of data for making the delivery;
Choice of method and moment of payment of the price.
(2) Users can enter into a sales contract with the Supplier without registration, using the relevant functionality in the e-store interface
VI. SPECIFIC PROVIDER OBLIGATIONS. CONSUMER PROTECTION
Art. 11. The rules of this section VI of these general conditions apply to Users, for which according to the data, indicated for the conclusion of the contract of sale or when registering in the ELECTRONIC STORE, can be inferred, that they are 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 year.
Art. 12. (1) The main characteristics of the goods, offered by the Supplier are defined in the profile of each product on the ELECTRONIC STORE website.
(2) The price of the goods including all taxes is determined by the Supplier in the profile of each product on the ELECTRONIC STORE website.
(3) The cost of postage and handling, not included in the price of the goods, are determined by the Provider and provided as information to the Users at one of the following times before concluding the contract:
– In the profile of each of the goods on the ELECTRONIC STORE Supplier's website;
– When choosing the goods for the conclusion of the contract of sale;
(4) The payment method, delivery and performance of the contract is defined 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 Provider's website before the conclusion of the sales contract.
(6) The supplier must state the conditions for delivery of the individual goods on his website.
(7) The supplier indicates before concluding the contract the total value of the order for all the goods contained in it.
(8) Users agree, that all information required by the Consumer Protection Act can be provided through the interface of the ELECTRONIC STORE platform or e-mail.
Art. 13. (1) User agrees, that the Supplier has the right to accept advance payment for the contracts concluded with the consumer for the purchase and sale of goods and their delivery. (2) The User chooses independently whether to pay the Supplier the price for delivery of the goods before or at the time of their delivery.
Art. 14. (1) The user has the right, without owing compensation or penalty and without assigning any reason, to withdraw from the concluded contract in time 14 days, starting from the date of acceptance of the goods through the single contract cancellation form, available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Users can also use another unambiguous statement, which can be recorded on a durable medium.
(2) The right of refusal under para. 1 does not apply in the following cases:
1. for delivery of goods, made to order of the user or according to his individual requirements;
2. for delivery of goods, which due to their nature may deteriorate in quality or have a short shelf life;
3. for delivery of sealed goods, which are printed after their delivery and cannot be returned due to considerations, related to hygiene or health protection;
4. for 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 supply of sealed sound or video recordings or sealed computer software, which are printed after delivery;
6. for newspaper delivery, periodicals or magazines except for subscription contracts for the supply of such publications;
(3) When the Provider has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, The user has the right to withdraw from the concluded contract within a period of up to one year and 14 days, from the date of receipt of the goods. When the information is provided to the user within the opt-out period, it begins to run from the date of its provision. The User has the right to make the statement of refusal under this article directly to the Provider through the single contract cancellation form, available on the Supplier's website.
(4) When the User has exercised his right of withdrawal from the contract at a distance or from the contract outside the commercial premises, The supplier refunds all amounts, received by the User, including shipping costs, without undue delay and no later than 14 days, as of the date, on which he was notified of the User's decision to withdraw from the contract. The supplier refunds the amounts received, using the same means of payment, used by the user in the initial transaction, unless the user has expressed his express consent to use another means of payment and provided that this is not associated with costs for the User.
(5) When exercising the right of refusal, the costs of returning the delivered goods are at the user's expense and from the amount, which the User has paid under the contract, the costs of returning the goods are deducted. The supplier has no obligation to reimburse the additional costs of delivery of the goods, when the User has explicitly chosen a method of delivery of the goods, other than the cheapest form of standard shipping, offered by the Supplier.
(6) The User undertakes to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the period under paragraph. 1.
(7) The User can exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider using the standard contract withdrawal form, available on the ELECTRONIC STORE site.
(8) When the Supplier has not offered to collect the goods himself, he may withhold payment of the sums to the User until he receives the goods or until the User provides proof, that he sent the goods back, depending on that, whichever happened first.
Art. 15. (1) The term of delivery of the goods and the starting time, from which it flows, is determined for each product separately when concluding the contract with the user through the Supplier's website, unless the goods are ordered in one delivery.
(2) In case the user and the Supplier have not set a delivery time, the term of delivery of the goods is 30 working days, as of the date, following the sending of the user's order to the Supplier through the e-shop site.
(3) If the Supplier cannot perform the contract because of this, that he does not have the ordered goods, he is obliged to notify the User of this and to refund the sums paid by him.
Art. 16. (1) The supplier hands 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 certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree, that the requirements under para. 1 will be observed, if the authentication is done by a person, which, according to the circumstances, may be inferred, that it will transmit the information to the user - a party to the contract.
VII. OTHER TERMS
Art. 17. The Supplier delivers and hands over the goods to the User within the time limit specified at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and if it does not meet the requirements, notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, The supplier will send the data only to an e-mail address, which was indicated by the Users at the time of registration.
(3) The provider accepts and announces on its website a Policy for the protection of personal data.
(4) Users agree, that the Provider has the right to process their personal data, necessary for the fulfillment of orders in the electronic store and the execution of the contract.
Art. 20. (1) In every moment, The Provider has the right to require the User to identify himself and to certify the veracity of each of the circumstances and personal data announced during registration.
(2) In case, that for some reason the User has forgotten or lost their username and password, The Provider has the right to apply the announced Procedure for lost or forgotten names and passwords.
IX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 21. (1) These general conditions may be amended by the Supplier, of which the latter will notify all Users in an appropriate manner, who have registration. (2) The Provider and the User agree, that any addition and amendment to these general terms and conditions will be effective against the User after the Provider has expressly notified him and if the User does not declare within the 30-day period granted to him, that he rejects them.
(3) User agrees, that all statements of the Supplier, in connection with the amendment of these general conditions will be sent to the e-mail address, specified by the User, upon registration. User agrees, that emails, sent under the order of this Article do not need to be signed with an electronic signature, to have an effect on him.
Art. 22. The provider publishes these general terms and conditions on its website together with all additions and amendments to them.
Art. 23. These general terms and conditions and the User's contract with the Provider are terminated in the following cases:
upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
unilaterally, with notice from either party in the event of default of the other party;
in case of objective inability of one of the parties to the contract to fulfill its obligations;
when the equipment is seized or sealed by government authorities;
in case of deletion of the User's registration on the ELECTRONIC STORE site. In this case, the concluded, but unexecuted sales contracts remain in force and enforceable;
in case of exercising the right of refusal according to Art. 55, take. 1 from 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 relevant category of goods.
XI. OTHER TERMS
Art. 24. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 25. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria apply.
Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.