Terms & Conditions
Terms & Conditions
GENERAL TERMS AND CONDITIONS OF ONLINE STORE https://soulsinclothes.com/
Art. 1. These General Terms and Conditions are intended to regulate the relations between “VLADEA LTD , UIC 207329395 , with seat and registered address: Bulgaria, Sofia 1784, Lyulin 6, bl. 624V, floor 3, ap. 76, hereinafter referred to as PROVIDER, and the customers, hereinafter referred to as USER and/or CONSUMER, of the e-commerce platform https://soulsinclothes.com/, hereinafter referred to as “the PLATFORM”.
ІІ. DATA ABOUT THE PROVIDER
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Provider’s name: VLADEA LTD
Seat and registered address: Bulgaria, Sofia 1784, Lyulin 6, bl. 624V, floor 3, ap. 76
Address for exercising the business activity and for submission of complaints by users: Bulgaria, Sofia 1784, Lyulin 6, bl. 624V, floor 3, ap. 76
Mailing information: Bulgaria, Sofia 1784, 115G Tsarigradsko shose Blvd., floor 3, phone +359 87 666 8038
(1) Commission for Personal Data Protection
Address: Sofia, 2 Prof. Tsvetan Lazarov St.
tel.: +359 2 940 20 46
fax: +359 2 940 36 40
email: firstname.lastname@example.org, email@example.com
(2) Consumer Protection Commission
Address: 1000, Sofia, 4A Slaveykov Sq., floor 3, 4 and 6
tel.: +359 2 980 25 24
fax: +359 2 988 42 18
hotline: 0700 111 22
III. CHARACTERISTICS OF THE PLATFORM
Art. 3 https://soulsinclothes.com/ is an e-commerce platform accessible at https://soulsinclothes.com/, through which Users have the opportunity to conclude agreements for the purchase and supply of the goods offered by the Provider on the PLATFORM, including the following:
Make a registration and create a profile for viewing the Provider’s e-shop and use of the additional services for providing information;
Review goods, their characteristics, prices and delivery conditions;
Conclude agreements with the Provider for the purchase and delivery of the goods offered on the PLATFORM;
Make any payments in connection with the concluded agreements, incl. electronically.
Receive information about new goods offered by the Provider on the PLATFORM;
Make electronic statements in connection with the conclusion or performance of agreements with the Provider in the PLATFORM through the interface of the PLATFORM’s website accessible on the Internet;
Be notified of the rights arising from the law, mainly through the interface of the PLATFORM on the Internet;
Exercise their right of withdrawal, where applicable, according to the Consumer Protection Act.
Art. 4. The Provider in the PLATFORM shall organize the delivery of the goods and guarantee the rights of the users according to the law, within the framework of good faith, the criteria and conditions adopted in the practice, the consumer or commercial law.
Art. 5. (1) The users shall conclude with the Provider in the PLATFORM a purchase and sale agreement for the goods, at the address https://soulsinclothes.com/ by placing an order.
(2) By virtue of the purchase and sale agreement for the goods concluded with the users, the Provider in the PLATFORM shall organize the delivery and transfer to the User of the ownership of the goods specified by him through the platform interface. Users have the right to correct errors in entered information no later than the submission of the statement for conclusion of the agreement to the Provider in the PLATFORM.
(3) The Users shall pay the Provider of the PLATFORM remuneration for the delivered goods according to the conditions set out in the PLATFORM and these General Terms and Conditions. The remuneration shall be in the amount of the price specified on the PLATFORM. The price is in Euro, incl. VAT. In the event of a technical error in the price, the Provider shall immediately notify the User of the correct price of the product and has the right to refuse a placed order due to incorrect writing of its actual price.
(4) In order to place an order for some of the products in the PLATFORM, the User shall pay in advance the price in the amount determined by the Provider. In the event that a product falls within the scope of the preceding sentence, the User will be informed about this before placing an order for the respective product, via an information notice on the product page in the PLATFORM
Art. 6. (1) The User and the Provider in the PLATFORM agree that all statements between them in connection with the conclusion and performance of the sale and purchase agreement can be made electronically and by 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 site users are made by the persons specified in the data provided by the User during the registration, if the User has entered the respective name and password for access.
REGISTRATION FOR USE OF THE PLATFORM
Art. 7. (1) In order to use the PLATFORM for concluding purchase and sale agreements for goods, the User shall enter a name and password at his choice for remote access or to be legitimized through his Facebook or Google account, which shall mean that he has accepted these General Terms and Conditions. Acceptance of these General Terms and Conditions shall be made upon finalization of each order by the User.
(2) The name and password for remote access shall be determined by the User by making an online registration on the Provider’s website in the PLATFORM, according to the procedure specified therein. Users also have the opportunity to place orders for the delivery of goods through a profile in the social networks Facebook and Google.
(3) By completing his data in the shopping cart and pressing the button "Finalize the order", the User declares that he is familiar with these General Terms and Conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider shall confirm the order made by the User by e-mail. An account of the User shall be created and a contractual relationship between the User and the Provider shall arise.
(5) When making the registration or placing an order, the User undertakes to provide correct and current data. The user undertakes to update the data specified in his registration or order in a timely manner in case of change.
TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALE AGREEMENT
Art. 8. The users SHALL conclude the purchase and sale agreement in the PLATFORM by the following procedure:
(1) Logging into the system for placing orders in the PLATFORM.
(2) Choosing one or more of the goods offered by the Provider in the PLATFORM and adding them to a list of goods for purchase.
(3) Providing the necessary information for individualization of the User as a party to the agreement.
(4) Providing information for the delivery;
(5) Choosing a method and time for payment of the price.
(6) Order confirmation;
CONTENT OF THE AGREEMENT
Art. 9. (1) The Provider and the Users shall conclude separate agreements for the purchase and sale of the goods ordered by the Users, regardless of the fact they are selected by one electronic statement and by one list of goods for purchase.
(2) The Provider may organize the delivery of the goods ordered with separate purchase and sale agreements to be made together and simultaneously.
(3) The Users’ rights in connection with the goods delivered shall be exercised separately for each purchase and sale agreement. The exercising of the rights related to one item delivered shall not affect or have an effect to the purchase and sale agreements for the other goods. In case the User has the capacity of a consumer within the meaning of the Customer Protection Act, the exercising of the right of withdrawal from the purchase and sale agreement for a certain item of goods shall not affect the purchase and sale agreements for other goods delivered to the User. Users shall benefit from a legal warranty of compliance of the goods with the sales agreement.
Art. 10. In the case of delivery of goods in a promotional way together with other goods in a set, the rules for delivery and return of the respective set shall be applied with priority, as announced in the profile of the goods in the e-shop.
Art. 11. In exercising the rights under the purchase and sale agreement, the User shall indicate precisely and unequivocally the agreement and the item of the goods in respect of which he exercises the rights.
Art. 12. (1) The User shall pay the price for separate purchase and sale agreements as a lump sum when placing the order.
(2) In respect of goods, delivered promotionally together with other goods in a set, the price for the set shall apply only in its entirety and is inseparable for individual goods of the set.
(3) In the event that the Provider accepts the return of one item from a set as per (2), the User shall have the right to receive a refund for the returned item from the set, proportional to the ratio between the prices of the goods in the set in the Provider's e-shop when they are not offered in a set.
VII. SPECIAL CLAUSES THAT APPLY TO PERSONS WHO HAVE THE CAPACITY OF A CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT AND THE LAW ON THE PROVISION OF DIGITAL CONTENT AND SERVICES AND THE SALE OF GOODS
Art. 13. The rules of this Section VII of the General Terms and Conditions only apply to Users, for whom, according to the data indicated for the conclusion of the purchase and sale agreement or the registration in the PLATFORM, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, the Law on the Provision of Digital Content and Digital Services and the Sale of Goods and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011
Art. 14. (1) The main characteristics of the goods offered by the Provider in the PLATFORM are defined in the profile of each item of goods in the PLATFORM.
(2) The price of the goods with all taxes and fees included shall be determined by the Provider in the PLATFORM in the profile of each item of goods in the PLATFORM.
(3) The value of the postal or transport costs not included in the price of the goods shall be determined by the Provider in the PLATFORM and shall be provided as information to the Users when selecting the goods for conclusion of the purchase and sale agreement and before finalizing the order.
In case the User has not received sent goods more than once, the Provider reserves the right to:
- charge transportation costs for the User for each subsequent order;
- not provide the right of withdrawal from a purchased item of goods for a period exceeding 14 days;
- not provide gifts to subsequent orders of the User;
- refuse the "Price protection" in case the User invokes it.
(4) The methods of payment, delivery and performance of the agreement are defined in these General Terms and Conditions and the information provided to the User through the mechanisms in the PLATFORM.
(5) The information provided to the Users under this Article shall be the current price at the time of its visualization in the PLATFORM before the conclusion of the sale and purchase agreement.
(6) Users agree that all information required under the Consumer Protection Act and the Law on the Provision of Digital Content and Digital Services and for the Sale of Goods may be provided through the platform interface or by email.
Art. 15. The User agrees that the providers in the PLATFORM only accept a full advance payment for the purchase and sale agreements concluded with the User for the goods and their delivery.
Art. 16. (1) The User has the right, without any compensation or penalty and without giving any reason, to withdraw from the concluded agreement within 30 days from the date of acceptance of the goods from the Provider through the standard form for withdrawal from the agreement, available on the Provider’s website in the PLATFORM in Annex 1 to these General Terms and Conditions or through the module on the Provider’s website. The cost of transport in case of withdrawal from the agreement shall be at the expense of the User.
(2) The right of withdrawal under (1) shall not apply in the following cases:
for the provision of services, where the service has been provided in full and the agreement provides for an obligation for the consumer to pay, and the performance has started with the express prior consent and confirmation of the consumer that he knows that he will lose his right of withdrawal after the agreement has been fully performed by the trader;
2.for the delivery of goods or services, whose price depends on fluctuations in the financial market that cannot be controlled by the trader and may occur during the period of exercising the right of withdrawal;
for the delivery of customized goods manufactured on the order of the user or according to his individual requirements;
for the delivery of goods which by their nature may deteriorate or have a short shelf life, such as food, drink and food additives;
for the delivery of sealed goods, which have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons;
for the delivery of goods which, after having been delivered and due to their nature, have been mixed with other goods, which cannot be undone;
- for the delivery of alcoholic beverages, whose price has been agreed at the time of conclusion of the purchase and sale agreement, where the delivery may take place not earlier than 30 days from the conclusion of the agreement and the actual value of which depends on the fluctuations of the market, which cannot be controlled by the trader;
- where the consumer has explicitly requested the trader to visit him at his home for the purpose of carrying out urgent repair or maintenance activities; where, on such a visit, the trader also provides other services in addition to those requested by the consumer or delivers goods other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal shall apply to those additional services or goods;
for the delivery of sealed audio or video recordings or sealed computer software that have been printed after delivery, including software license activation codes, software features or virtual methods of payment. The performance of the agreement for the delivery of sealed audio or video recordings or sealed computer software (incl. codes for content and digital content that is not on a tangible medium) that have been printed after delivery, it shall start from the moment of printing and the User shall lose the right of withdrawal, expressly agreeing to this;
for the delivery of newspapers, periodicals or magazines with the exception of subscription agreements for the supply of such publications;
- concluded during a public auction;
- for the provision of accommodation services which are not for the purpose of living, transport of goods, rental cars, catering services or provision of entertainment services, if the agreement provides for a specific date or time limit for performance;
for the provision of digital content which is not provided on a tangible medium, where the performance has started and the agreement obliges the consumer to pay, in cases where:(a) the user has given his explicit prior consent to start the execution during the withdrawal period;(b) the user has confirmed that he knows that in this way he will lose his right of withdrawal; (c) the trader has provided a confirmation under art. 48 (2) or art. 49 (8) of the CPA. By accepting these General terms and Conditions and by placing an order, the user expressly gives his prior consent to start the execution and knows that he will lose his right of withdrawal within the meaning of this point.;
(3) When the provider in the PLATFORM has not fulfilled its obligations for providing information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded agreement within one year and 14 days from the date of receipt of the goods. When the information has been provided to the consumer within the withdrawal period, it shall start to run from the date of its provision. The User has the right to make the statement of withdrawal under this article directly to the Provider through the standard form of withdrawal from the agreement, accessible on the Provider’s website on the PLATFORM in Annex 1 to these General Terms and Conditions.
(4) When the User has exercised his right of withdrawal from the agreement from a distance or off-premises, the Provider shall refund all amounts received from the User without undue delay and not later than 14 days from the date, on which he was informed of the decision of the consumer to withdraw from the agreement and in case he has already received back the goods subject to the agreement. The Provider shall refund the amounts received by bank transfer, unless the consumer has expressed his explicit consent to use another method of payment, where this sentence shall apply if the right of withdrawal has been exercised within 14 days of receipt of the goods and the goods have been sent back to the Provider within this 14-day period. In the event that the right of withdrawal has been exercised after 14 days of receipt of the goods and/or the goods have been sent back to the Provider after 14 days of receipt from the User, until 30 days after its receipt, the amounts paid for the goods shall be refunded only in the form of a credit into the personal profile of the User on the Provider’s website or by issuing a voucher in the name of the User. In case the consumer wishes the amounts in the case of withdrawal from the agreement, exercised within 14 days of receipt of the goods, to be refunded to him by postal order/money transfer, then the fee for the service, which the respective courier/postal operator charges, shall be at the expense of the consumer and shall be determined by the courier/postal operator. The Provider may not change this fee, determine it or benefit from it in any way. In case the goods for which the consumer has made a withdrawal from the concluded agreement within 14 days of receipt of the goods are paid by card, the refund of the amount paid shall be made only into the same card used for the payment.
(5) In exercising the right of withdrawal, the costs for returning the delivered goods shall be at the expense of the user on the basis of Art. 55 (2) of the CPA. The Provider is not obliged to refund anu additional costs for the initial delivery of the goods when the user has explicitly chosen a method of delivery of the goods other than the free standard delivery offered by the Provider.
(6) The User undertakes to store the goods received from the Provider in the platform and to ensure the preservation of their quality and safety during the term under (1).
(7) The User may exercise his right of withdrawal from the agreement with the Provider by sending a written statement to the Provider through the standard form for withdrawal from the agreement, available on the PLATFORM in Annex 1 to these General Terms and Conditions or through the module on the Provider’s website. The goods should be sent without cash on delivery to the address of the Provider, namely PK 2109, village of Gara Elin Pelin, 8 Industrialna Street. Goods sent by cash on delivery method will not be accepted by the Provider.
(8) When the Provider in the PLATFORM has not offered to collect the goods himself, he may withhold payment of the amounts to the user until he has received the goods or until the user has provided proof that he has sent the goods back, whichever is the earlier.
(9) In the case of delivery of goods together with other goods in a set (so-called bundle goods), when exercising the right of withdrawal on the part of the User under this article and in accordance with the requirements of the Consumer Protection Act, the User shall return the whole set, just as he received it and in a commercial form. In the event that some of the goods that are part of the bundle product may not be returned according to the regulations, the User agrees that the whole bundle product may not be returned.
(10) Regardless of the above hypotheses, the User undertakes to return the goods in a commercial form. Commercial form shall mean a form that allows the subsequent sale of the goods as new goods. The unpacking of the goods should not have led to an obvious damage of the commercial form of the goods. In the event of a deteriorated commercial form of the goods, the Provider has the right at its discretion to refuse to accept a withdrawal from the agreement or to charge the User with expenses for the recovery of the goods in their commercial form. According to Art. 55 (4) of the CPA, the User is responsible for the reduced value of the goods caused by their testing, other than necessary, in order to establish the nature, characteristics and good functioning of the goods.
(11) In the event of exercising the right of withdrawal under this Article, the User shall be deemed to have also exercised the right of withdrawal in respect of the bonus content belonging to the goods.
(12) Upon return of an item of goods, the User undertakes to return it together with the complete package received, as well as all supporting documents.
(13) Upon return of an item of the goods, the User shall also return all gifts he has received together with the ordered goods, in case such have been sent by the Provider.
(14) Upon purchase made by a legal entity, the provisions of the Obligations and Contracts Act, which derogate from these General Terms and conditions, shall apply.
VII. PERFORMANCE OF THE AGREEMENT
Art. 17. (1) The term of delivery of the goods is determined for each item separately upon conclusion of the agreement with the user through the website of the Provider in the PLATFORM. For each particular product, the User shall be notified immediately before finalizing the order on the PLATFORM approximately how many days it will take for the delivery. The days indicated on the PLATFORM are indicative and the Provider does not guarantee for them, but guarantees that it will do its best to deliver the goods in the specified days.
(2) In the event that the User and the Provider in the PLATFORM have not set a delivery period, the delivery period of the goods is 30 calendar days, starting from the date following the sending of the order to the User through the Provider’s website in the PLATFORM.
(3) If the Provider in the PLATFORM cannot perform the agreement because of exhausted quantities, he shall notify the user and refund the amounts paid by him. In these cases, the Provider could not be held liable to the extent that he has notified the User of the exhausted quantities.
(4) The Provider may refuse to process the order when there are reasonable doubts that the order is not authentic, including it does not originate from the User described or when the ordered product is temporarily unavailable due to exhaustion of quantities or other technical reasons, in which case the Provider shall notify the User by email or telephone and refund the amounts paid by him. The Provider may also refuse the processing of an order when the number or volume of the ordered items exceeds their usual consumption by a customer - consumer within the meaning of the CPA and there is reason to believe that the order is made for resale and does not fall within the scope of a consumer purchase and sale.
(5) In case of inaccurate data provided by the User, for delivery address and telephone or the absence of the User at the address, as well as in case of impossibility to deliver the goods for reasons beyond the control of the Provider, the goods shall be returned and remain in the warehouses of the Provider. In this case, the goods will not be kept for the User, unless they have been paid in advance. In the case of pre-paid goods, they shall be kept within 15 days of their return, and after the expiry of this period, if the User has not sought them from the Provider, the Provider shall return the received payment, except for the amount spent on delivery and storage. In case of inaccurate or incorrect delivery address provided by the User, where the goods have been sent to the wrong address, the cost of courier service for forwarding the shipment shall be at the expense of the User.
(6) In the event that the goods have not been delivered to the User within the specified delivery period, no compensation is due to the User. Reasons that would delay delivery beyond the days stated on the PLATFORM are: The loading and number of placed orders for the Provider is above average and above usual for the period; it is the courier’s fault such as untimely organization of the courier, excessive courier workload, unpredictable technical and informational problems in the courier or weather conditions preventing the courier; unpredictable technical problems in the systems of the Provider; Fault in the suppliers of the Provider, from which the latter is supplied with the product; bad weather conditions and other force majeure circumstances, which would prevent the normal organizational activity of the Provider.
(7) In all cases, the Provider shall guarantee and undertake that it will deliver the goods to the User with no more than 15 working days of delay above the indicative delivery days on the PLATFORM.
(8) The delivery shall be carried out to the User’s door only in case the total weight of the shipment (with all its components and parts) does not exceed 20 kg. In case the total weight of the shipment exceeds 20 kg, the delivery shall be carried out to the ground floor at the indicated address.
(9) In the event the delivery address indicated is not accessible for a car, the delivery shall be carried out to the place for parking that the street allows as the final and closest to the delivery address point.
Art. 18. The Provider shall inform the User about the price of transport and courier costs immediately before completing the order, and the delivery price may vary according to the product, delivery method and address chosen by the User. In case of further redirection of an order already requested by the User or if necessary to visit the requested address, the User shall pay the delivery price in amounts determined according to the tariff of the respective courier. The conditions for free delivery, where available, shall not also apply in the event the User has ordered a visit to an address at a specified time or range of the day.
Art. 19. (1) The User shall review the goods at the time of delivery by the courier and if they do not meet the requirements or have visible fractures or defects, he shall refuse their acceptance from the courier and notify the Provider immediately in the PLATFORM.
(2) If the User does not refuse the goods from the courier and does not notify the Provider in the PLATFORM under (1), the goods shall be deemed approved as complying with the requirements, except for hidden defects.
(3) In the event that the User wishes to refuse the goods and not accept them at the time of delivery, the transport costs in both directions shall be at the expense of the User.
Art. 20. The Provider shall provide the necessary service for the goods in accordance with the provisions of Section XIII. COMPLAINTS.
Art. 21. For any matters not settled in this section, the rules of commercial sale, defined in the Commercial Act, the Consumer Protection Act and the Law on the Provision of Digital Content and Digital Services and for Sale of Goods shall apply. These General Terms and Conditions shall be governed by the Bulgarian legislation.
PERSONAL DATA PROTECTION
Art. 22. (1) The Provider in the PLATFORM shall take measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(2) For reasons of security of users’ personal data, the Provider in the PLATFORM will send the data only to the e-mail address, indicated by the users at the time of registration.
(3) The Provider in the PLATFORM has the right to store data in the final communication device of the User, unless the latter explicitly expresses its disagreement about this.
(4) The User or Consumer agrees that the Provider in the PLATFORM has the right to send at any time electronic messages to the User or the Consumer, including a newsletter or offers for the purchase of goods, while there is registration of the User or the Consumer in the Provider’s e-shop in the PLATFORM.
(5) The User or Consumer agrees that the Provider in the PLATFORM has the right to collect, store and process data about the behavior of the User or the User when using the Provider’s e-shop in the PLATFORM.
(6) The Provider shall not at any time save data of a credit and/or debit card/cards used by the User when purchasing goods from the PLATFORM. The User has the opportunity to save the data of the credit and/or debit card/cards used by him when purchasing goods from the PLATFORM, but the data of these credit and/or debit card/cards will not be saved with the Provider, but only in the system of the bank institution that issued the process card. When saving a credit and/or debit card/cards, the User should use a 3D code upon re-using the saved card for purchase from the PLATFORM.
Art. 23. (1) At any time, the Provider in the PLATFORM has the right to require the User to legitimize and verify the authenticity of each of the circumstances and personal data announced at the time of registration.
(2) In the event that for any reason the User has forgotten or lost his user name and password, the Provider of the PLATFORM has the right to apply the announced "Procedure for lost or forgotten names and passwords" available on the PLATFORM.
AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 25. (1) These General Terms and Conditions may be amended by the Provider in the PLATFORM, in which case the date of their last revision shall be recorded in Article 38 of these General Terms and Conditions.
(2) The Provider in the PLATFORM and the User agree that any additions and amendments of these General Terms and Conditions will have effect to the User in one of the following cases:
- A) After their publication on the Provider’s website in the PLATFORM and if the User, who has already accepted the previous version, does not declare within 14 days of their publication that he rejects them;
- B) With their explicit acceptance by the User through his profile on the Provider’s website in the PLATFORM.
Art. 26. The Provider shall publish these General Terms and Conditions on the PLATFORM together with any additions and amendments thereto.
Art. 27. These General Terms and Conditions and the agreement between the User and the Provider in the PLATFORM shall be terminated in the following cases:
upon termination and liquidation or bankruptcy of one of the parties to the agreement;
by mutual consent of the parties expressed in writing;
in case of objective impossibility of any of the parties to the agreement to perform their obligations;
in case of seizure or sealing of the equipment by government authorities;
in case of deletion of the User’s registration in the PLATFORM. In this case, any concluded but not executed purchase and sale agreement shall remain in force and shall be implemented;
Art. 28. The Provider is entitled at its discretion, without giving prior notice and without compensation to terminate the agreement unilaterally, in case it finds that the User uses the PLATFORM in violation of: these General Terms and Conditions, the legislation in the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in electronic commerce.
Art. 29. The User undertakes to indemnify and keep harmless the providers in the PLATFORM and the Provider in the event of legal claims and other claims of third parties (whether justified or not), for all damages and costs (including attorneys’ fees and legal expenses), arising out of or in connection with (1) non-performance of any of the obligations under this agreement, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) unauthorized transfer to other persons of the rights granted to the User for the period and under the terms of the agreement and (4) false declaration of the presence or absence of the capacity of consumer within the meaning of the Consumer Protection Act.
Art. 30. The Provider shall not be liable in case of force majeure, accidental events, problems on the Internet, technical or other objective reasons, including orders of the competent government authorities.
Art. 31. (1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider shall not be liable for material or non-material damages, expressed in lost profits or suffered damages, caused to the User in the process of using or not using the PLATFORM and concluding purchase and sale agreements with the Provider.
(3) The Provider shall not be liable for the time during which the platform was not accessible due to force majeure.
(4) The Provider shall not be liable for damages from comments, opinions and publications under the products, news and articles on the PLATFORM.
Art. 32. (1) The Provider shall not be liable in the event the security measures of the technical equipment have been broken through, which has led to loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Provider shall not be liable in the event of conclusion of a purchase and sale agreement, provision of access to information, loss or change of data occurred as a result of false legitimation of a third party, which pretends to be the User, if it can be assumed in the circumstances that this person is the User.
Art. 33. (1) The User has the right to complain, and when submitting a claim, the full set of documents (incl. cash receipt/invoice, acceptance-delivery protocol, warranty card, etc.), as well as the goods, should be sent to address 2109, village of Gara Elin Pelin, Industrialna Street No 8.
(2) The transport costs for sending a product for warranty service shall be borne by the PROVIDER only if the product has been sent by a courier specified by the PROVIDER to the address: PK 2109, village of Gara Elin Pelin, Industrialna Street No 8.
(3) In the event that the product has been sent for warranty service to another address, other than the one referred to in Article 33. (2) and/or not sent from the office of a courier company specified by the PROVIDER, the transport costs shall be at the expense of the User.
(4) The warranty shall be valid only for manufacturing defects and non-conformities existing at the time of delivery of the goods that occurred during normal operation on the territory of the Republic of Bulgaria. The warranty shall be void and the customer shall pay the cost of the repair (service may be refused) in case of damage caused by:
- Improper use and/or improper storage.
- Impaired integrity of warranty stickers.
- The product identification number (IMEI-number), serial number or date code, if any, have been removed, deleted, damaged or illegible in any way.
- Dropping, physical impact, applied pressure, spilled liquids.
- Attempt to repair by unauthorized persons or companies.
(5) the Provider shall be liable for any lack of conformity of the goods with the sales agreement that exists at the time of delivery of the goods and is manifested within two years after its delivery, in accordance with the provisions of Article 31 of the Act on the Provision of Digital Content and Digital Services and for the Sale of Goods. The Provider shall be liable under the legal warranty to persons having the capacity of a consumer, within the meaning of §6, item 6 of the Additional Provisions of the Act on the Provision of Digital Content and Digital Services and for the Sale of Goods - any natural person, who in connection with the agreements for the provision of digital content and digital services and for the sale of goods, has acted outside the framework of his commercial or business activity, craft or profession or within the meaning of §13 (1) (1) of the Additional Provisions of the Consumer Protection Act - any natural person who has acquired goods or used services that are not intended for commercial or professional activity, and any natural person, who, as a party to an agreement within the meaning of the Consumer Protection Act, has acted outside the scope of his commercial or professional activity.
XIV. OTHER CONDITIONS
Art. 34. (1) The User and the Provider in the PLATFORM undertake to mutually protect their rights and legitimate interests, as well as to protect their trade secrets, which have become known to them in the process of performance of the agreement and these general terms and conditions.
(2) The User and the Provider undertake during and after the expiration of the period of the agreement not to make public any written or oral correspondence exchanged between them. Making public shall include any publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc.
Art. 35. In case of conflict between these General Terms and Conditions and any arrangements in a special agreement between the Provider in the PLATFORM and the User, the clauses of the special agreement shall be applied with priority.
Art. 36. The possible invalidity of any provision of these General Terms and Conditions shall not invalidate the entire agreement.
Art. 37. Any matters unsettled in this agreement relating to the execution and interpretation of this agreement shall be governed by the laws of the Republic of Bulgaria.
Art. 38. These General Terms and Conditions shall enter into force for all users on 01.04.2023.
Art. 39. The discount codes for the purchase of products do not apply to goods, whose price has already been reduced, another discount has been applied to them or have a sticker TOP PRICE, except for discount codes, which are explicitly mentioned by the Provider and are used for an additional discount. Discounts and promotions are not combined with each other, but only the promotion with the larger discount applies.
Art. 40. The discount codes for purchasing products shall not apply to goods that the User wishes to purchase on leasing, regardless of whether the respective goods have already reduced price or not.
Appendix 1 - Standard form for exercising the right of withdrawal from the agreement
Standard form for exercising the right of withdrawal from the agreement:
(Complete and send this form only if you wish to withdraw from the agreement)
– VLADEA LTD, UIC 207329395, with seat and registered address: Bulgaria, Lyulin 6, bl 624, fl 3, ap 76
– I/We* hereby notify that I/we* withdraw from the agreement concluded by me/us* for the purchase of the following goods*/for the provision of the following service*
– Ordered on*/received on*
- User(s) name
– User(s) address
– User(s) signature (only if this form is on paper)
* Delete where not applicable.
Appendix 2 - information on the exercising of the right of withdrawal from the agreement
Information on the exercising of the right of withdrawal from the agreement
Standard withdrawal instructions:
Right to withdraw from the agreement from a distance or off-premises.
- You have the right to withdraw from this agreement without giving reasons within 30 days.
III. The withdrawal term is 30 days from the date on which you or a third party other than the carrier and indicated by you has taken possession of the goods.
In order to exercise your right of withdrawal, you must notify us of the contact details indicated on the PLATFORM and of your decision to withdraw from the agreement by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
You can use the attached standard withdrawal form, but this is not mandatory. You can also electronically fill in and submit the standard withdrawal form or other unambiguous opt-out application on the PLATFORM. If you use this option, we will immediately send you a confirmation message on a durable medium (e.g., by e-mail) confirming receipt of the withdrawal.
In order to comply with the withdrawal period, it is sufficient for you to send your communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effect of the withdrawal.
If you withdraw from this agreement, we will refund you all payments we have received from you, including shipping costs (except for additional costs related to your chosen delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event not later than 30 days from the date on which you inform us of your decision to withdraw from this agreement. We will make the refund under the terms of Art. 16 of these General Terms and Conditions.
We have the right to postpone the refund until the goods have been returned or until you have provided us with evidence that you have sent back the goods, whichever is the earlier.
You have to pay the direct costs for the returning of the goods. Costs are expected not to exceed approximately the delivery amount or the standard courier service.
You are liable for the reduction of the value of the goods as a result of their testing, other than what is necessary to establish their nature, characteristics and good functioning.
The right of withdrawal shall not apply to the supply of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection (such as earbuds, clothes, baby products, epilators, razors, toothbrushes, hair brushes, underwear, swimwear, socks, etc.), as well as with other hypotheses described in the General Terms and Conditions.