GENERAL TERMS AND CONDITIONS OF ONLINE SHOP "BIBERSCHATZ"
Art. 1. These General Terms and Conditions are designed to regulate the relations between "ASKA-B" Ltd., Sofia, UIC 121814423, hereinafter referred to as SUPPLIER, and customers, hereinafter referred to as USERS, to the ONLINE SHOP "Biberschatz" (www.biberschatz.com), hereinafter referred to as "ONLINE SHOP".
Art. 2. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act concerning the SUPPLIER:
Name: "ASKA-B" Ltd., UIC 121814423, VAT No BG121814423
Headquarters and address of management: blvd. Patriarh Evtimii 98, Sofia, Bulgaria, ZIP 1463
ONLINE SHOP DATA
Art. 3. The ONLINE SHOP "Biberschatz" is accessible on the Internet at www.biberschatz.com, through which the USERS have the opportunity to conclude contracts for the purchase and sale of the goods offered by ONLINE SHOP, including the following:
To register and create an account for browsing the ONLINE SHOP and using the additional information services;
To make electronic statements regarding the conclusion or performance of contracts with ONLINE SHOP via the interface of the ONLINE SHOP page available on the Internet;
To conclude contracts for the purchase and sale of the goods offered by ONLINE SHOP;
To make any payments in connection with the contracts concluded with ONLINE SHOP, according to the payment methods supported by ONLINE SHOP.
Receive newsletters for new goods offered by ONLINE SHOP;
View products, their characteristics, pricing and delivery terms;
To be notified of the rights deriving from the law mainly through the interface of the ONLINE SHOP on the Internet;
Exercise a right of withdrawal from a distance contract for the goods offered by the SUPPLIER for which the right of withdrawal is applicable.
Art. 4. The SUPPLIER delivers the goods and guarantees the rights of the USERS, provided by the law, within the framework of good faith, the criteria and conditions adopted in the practice, consumer or commercial law.
Art. 5. (1) The USERS shall conclude a contract for the purchase and sale of the goods offered by ONLINE SHOP via the SUPPLIER’s interface, accessible on its Internet site or other means of distance 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 the ownership of the goods to the USER assigned by him through the interface.
(3) USERS pay the SUPPLIER remuneration for the delivered goods under the conditions established by ONLINE SHOP and these General Terms and Conditions. The remuneration is in the amount of the price announced by the SUPPLIER of the address of ONLINE SHOP on the Internet.
(4) The SUPPLIER shall deliver the goods claimed by the USERS within the time limits and under the conditions specified by the SUPPLIER on the e-shop page and in accordance with these General Terms and Conditions.
(5) The price for the delivery shall be 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 purchase contract may be made by electronic means and by electronic statements within the meaning of the Law on Electronic Document and Electronic Signature and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the USERS on the site are made by the persons mentioned in the data provided by the USER when making a registration if the USER has entered the respective name and password for access.
USE OF ONLINE SHOP
Art. 7. (1) In order to use an ONLINE SHOP to conclude contracts for the purchase and sale of goods, the USER shall enter a name and password of remote access chosen by him, in cases where the e-shop requires registration.
(2) The name and password for remote access are determined by the USER via electronic registration on the SUPPLIER’s website.
(3) By filling in the data and pressing the "Yes, I accept" or "Register" buttons, the USER declares that he / she is familiar with these terms and conditions, agrees with their content and undertakes to comply unconditionally.
(4) The SUPPLIER confirms the registration made by the USER by sending a letter to an email address indicated by the USERS and the information for the activation of the registration. The USER confirms the registration and the conclusion of the contract by electronic means in the letter informing about the registration, sent by the SUPPLIER . Upon confirmation, a USER's ACCOUNT is created and between them and the SUPPLIER contractual relations start.
(5) When making the registration the USER is obliged to provide correct and up-to-date data. The USER shall promptly update the data specified in his / her registration in case of change. The SUPPLIER is not responsible for any false and / or incomplete data and the resulting circumstances.
(6) In order to use the full functionality of the SUPPLIER's ONLINE SHOP, the USER has to register at the e-shop site. THE SUPPLIER is not liable if, due to a lack of registration, the USER can not use the full functionality of the e-shop, including the exercise of contract rights, the possibility of claiming a lower price and other similar functions.
(7) These General Terms and Conditions may be accepted by the USERS and without making a registration in the ONLINE SHOP by expressing statement of intent through the ONLINE SHOP.
Art. 8. (1) The electronic address provided at the time of the initial registration of the USER and any subsequent electronic address used for the exchange of statements between the USER and the SUPPLIER is the "Main e-mail address" within the meaning of these General Terms and Conditions. The USER has the right to change his / her Main Contact E-mail address.
(2) Upon receipt of a request for change of the Basic Contact E-mail Address, the SUPPLIER shall send a request for confirmation of the change. The confirmation request is sent by the SUPPLIER to the new Main Contact E-mail specified by the USER.
(3) The change of the Basic Contact E-mail is made after confirmation by the USER, expressed by reference contained in the confirmation request sent by the SUPPLIER to the new Main Contact E-mail specified by the USER.
(4) The SUPPLIER shall inform the USER of the change made by e-mail sent to the Main Contact E-mail specified by the USER before the change under para. 2.
(5) The SUPPLIER shall not be liable to the USER for any unauthorized change of the Main Contact E-mail address.
(6) The SUPPLIER may require the USER to use the Main Contact E-mail address in specific cases.
TECHNICAL STEPS FOR CONCLUDING A SALE AND PURCHASE CONTRACT
Art. 9. (1) USERS shall use mainly the interface on the SUPPLIER’s web page to conclude contracts for the purchase and sale of the goods offered by SUPPLIER in ONLINE SHOP.
(2) The contract shall be concluded in the Bulgarian language.
(3) The contract between the SUPPLIER and the USER represents the present general terms and conditions available on the ONLINE SHOP site.
(4) A party to the contract with the SUPPLIER is the USER according to the data provided at the registration and contained in the personal profile of the USER. For the avoidance of doubt, this is the data that USER entered to created an account with the SUPPLIER.
(5) The SUPPLIER includes, in the interface of his website, technical means of identifying and correcting errors in the input of information before the contract is made.
(6) This Agreement shall be deemed to have been concluded from the moment of making a registration of the USER to the SUPPLIER or the acceptance of the General Terms and Conditions in another express way, including by means of a statement on the SUPPLIER’s website. The contract for the purchase and sale of a good is considered to have been concluded from the time of its request 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 expressly informs the USER appropriately by electronic means.
(8) The statement of conclusion of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees have access to them.
(9) The SUPPLIER delivers the goods to the address indicated by the USERS and is not liable if the data stated by the USERS are false or misleading.
Art. 10. (1) The USERS shall conclude the contract for purchase with the SUPPLIER under the following procedure:
Performing a registration in an ONLINE SHOP and providing the necessary data if the USER has not previously registered in an ONLINE SHOP or by requesting a product without registration;
Entry into the order system of ONLINE SHOP by identifying by name and password and other means of identification;
Choosing one or more of the offered goods of the ONLINE SHOP and adding them to a list of goods for purchase;
Provision of delivery data;
Choice of method and time for payment of the price;
(2) USERS may conclude the contract of sale with the SUPPLIER and without making a registration, using the relevant functionality in the interface of the e-shop.
SPECIFIC OBLIGATIONS OF THE SUPPLIER
Art. 11. The rules of this Article of these General Terms and Conditions apply to USERS for whom, according to the data specified for the conclusion of the purchase contract or the registration in ONLINE SHOP, it can be concluded that they are consumers within the meaning of the Law on Consumer Protection, E-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 item on the ONLINE SHOP.
(2) The price of goods with all taxes included is determined by the SUPPLIER in the profile of each item on the ONLINE SHOP.
(3) The value of the postal and transport costs, not included in the price of the goods, shall be determined by the SUPPLIER and shall be provided as information to the USERS at one of the following moments before the conclusion of the contract:
In the profile of each item on the ONLINE SHOPPING SUPPLIER's website;
When selecting the goods for the conclusion of the purchase contract;
(4) The manner of payment, delivery and performance of the contract shall be 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 prior to the conclusion of the purchase contract.
(6) The SUPPLIER must indicate the conditions for the delivery of the individual goods on his site.
(7) The SUPPLIER shall indicate before the conclusion of the contract the total value of the contract for all the goods contained therein.
(8) USERS agree that all information required by the Consumer Protection Act may be provided through the interface of the ONLINE SHOP platform or e-mail.
Art. 13. (1) The USER agrees that the SUPPLIER has the right to accept an advance payment for the contracts concluded with the consumer for the purchase and sale of goods and their delivery.
(2) The USER selects independently whether to pay to the SUPPLIER the price to deliver the goods before or at the moment of delivery. The option to pay at the moment of delivery is applicable only for Bulgaria.
Art. 14. (1) The USER is entitled, without due compensation or penalty and without giving any reason, to cancel the concluded contract within 14 days from the date of receipt of the goods through the single withdrawal form available on the site of the SUPPLIER. Information on the exercise of the right of withdrawal is available on the SUPPLIER’s website. Users can also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 shall not apply in the following cases:
for the supply of goods made by request of the consumer or according to his individual requirements;
for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
for the supply of sealed goods that have been opened after delivery and can not be returned for reasons of hygiene or health protection;
for the supply of goods which, after being supplied and by their nature, have been mixed with other goods from which they can not be separated;
for the supply of sealed sound recordings or video recordings or sealed computer software that have been opened after delivery;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(3) Where the SUPPLIER has not fulfilled his obligations to provide information specified in the Consumer Protection Act, the USER 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 is provided to the consumer within the withdrawal period, the claimant shall have the right to file the cancellation notice under this Article directly with the SUPPLIER through the single withdrawal form available on the SUPPLIER’s website .
(4) Where the USER has exercised his / her right of withdrawal from the distance or off-premises contract, the SUPPLIER shall refund all amounts received from the USER, excluding the cost of delivery, without undue delay and no later than 14 days, from the date on which the User's decision to withdraw from the contract was notified.
(5) In case the USER exercises the right of withdrawal, the cost of returning the delivered goods shall be borne by the USER and the amount paid by the USER under the contract shall be withheld the cost of shipping the goods. The SUPPLIER has no obligation to reimburse the additional cost of delivering the goods when the USER has explicitly chosen a way of delivering the goods other than the cheapest type of standard delivery offered by the SUPPLIER.
(6) The USER undertakes to store the goods received by the SUPPLIER and to ensure the preservation of their quality and safety during the term under para. 1.
(7) The USER may exercise his / her right of withdrawal with the SUPPLIER by making a written statement to the SUPPLIER through the standard withdrawal form available on the ONLINE SHOP site.
(8) Where the SUPPLIER has not offered to take the goods by his own measures, he may withhold the payment of the sums of the consumer until he has received the goods or until the USER has provided proof that he has sent the goods back, whichever is the case earlier.
Art. 15. (1) The delivery time of the goods and the starting point from which they run shall be determined for each item separately upon conclusion of the contract with the consumer through the website of the SUPPLIER, unless the goods are ordered in one delivery.
(2) If the USER and the SUPPLIER have not set a delivery period, the delivery period shall be 30 working days from the date following the sending of the order to the SUPPLIER through the e-shop site.
(3) If the SUPPLIER can not fulfill the contract because he does not have the goods ordered, he is obliged to notify the USER and to refund the amounts paid by him.
Art. 16. (1) The SUPPLIER shall deliver the goods to the consumer after certifying the fulfillment of the requirements for providing information of the consumer in accordance with 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) shall be complied with if the certification is carried out by a person for whom it can be inferred from the circumstances that he will transmit the information to the user - a party to the contract.
Art. 17. The SUPPLIER supplies and handles the goods to the USER in the term set at the conclusion of the contract.
Art. 18. The USER must review the goods at the time of delivery by the SUPPLIER and if they do not meet the requirements to notify the SUPPLIER immediately.
INTELLECTUAL PROPERTY RIGHTS
Art. 19. The parties agree that the content of the ONLINE SHOP site and the graphic layout of the ONLINE SHOP interface, the goods offered by the ONLINE SHOP, the trademarks and designs used on the ONLINE SHOP site, etc. are objects of intellectual property of the SUPPLIER and may not be used in a commercial activity without its explicit consent.
PROTECTION OF PERSONAL DATA
Art. 20. (1) The SUPPLIER undertakes measures to protect the personal data of the USER under the Personal Data Protection Act.
(2) For reasons of security of the USER’s personal data, the SUPPLIER will only send the data to an e-mail address that was designated by the USER the time of registration.
(4) USERS agree that the SUPPLIER has the right to the personal data necessary for the execution of the e-shop orders and the performance of the contract.
(5) USERS agree that the SUPPLIER has the right to store their personal data after the execution of the orders in the e-shop and the fulfillment of the contract for provision of up-to-date information about the activity of ONLINE SHOP. The SUPPLIER undertakes to execute any received request for refusal to receive the messages with up-to-date information.
Art. 21. (1) At any time, the SUPPLIER shall have the right to require the USER to legitimize and certify the authenticity of each of the circumstances and personal data entered during the registration.
(2) In the event that, for any reason, the USER has forgotten or lost his name and password, the SUPPLIER has the right to apply the announced Procedure for lost or forgotten names and passwords.
AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 21. (1) These General Terms and Conditions may be amended by the SUPPLIER, for which the latter shall inform in an appropriate manner all Beneficiaries who have registered.
(2) THE SUPPLIER and the USER agree that any addition to and modification of these General Terms and Conditions will have effect upon the USER upon its explicit notification by the SUPPLIER and if the USER does not declare within 30 days that he rejects them.
(3) The USER agrees that all submissions made by the SUPPLIER regarding the modification of these General Terms and Conditions will be sent to the e-mail address indicated by the USER at the time of registration. The USER agrees that emails sent pursuant to this Article need not be signed with an electronic signature to have an effect on it.
Art. 22. The SUPPLIER publishes these terms and conditions at their site address, together with any additions and amendments thereto.
Art. 23. These General Terms and the USER's CONTRACT with the SUPPLIER shall be terminated in the following cases:
upon termination and in liquidation or bankruptcy of one of the parties to the contract;
by mutual agreement of the parties in writing;
by one of the parties, with a notice from either party in case of non-performance of the other party's obligations;
in the case of an objective impossibility of one of the parties to fulfill its contractual obligations;
in case of seizure or sealing of equipment by state authorities.
in case of cancellation of the registration of the USER at the ONLINE SHOP site. In this case, the concluded but not executed purchase contracts remain in force and are subject to enforcement;
in the case of exercising a right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the corresponding ordered goods shall be terminated if the right of withdrawal is applicable to the relevant category of goods.
Art. 24. Any invalidity of any provision of these General Terms and Conditions will not invalidate the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to matters not governed by this Agreement relating to the implementation and interpretation of this Agreement.
Art. 26. All disputes between the parties to this contract shall be settled by the competent court in Sofia, Bulgaria.