Art. 1. These General Terms and Conditions are intended for the regulation of the relations between “Select BG” EOOD, UIC 2044686893, with registered office and address of management at Stara Zagora 6000, 34 Tsar Kaloyan Str., Hereinafter referred to as PROVIDER, and the customers, hereinafter referred to as USERS, to the e-commerce platform Eviza BG, hereinafter referred to as “Eviza BG” and the suppliers of goods therein.
II. DATA FOR THE PLATFORM SUPPLIER
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: “Select BG” EOOD
2. Registered office and address of management: Stara Zagora 6000, 34, Tsar Kaloyan Str.
3. Activity Address and Address for Consumer Complaints: Stara Zagora, 34 Tsar Kaloyan Str.
4. Correspondence data: Stara Zagora 6000, 34, Tsar Kaloyan Str.
, email@example.com, phone: 0700 20 994
5. Entry in public registers: UIC 204486893.
6. Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia, “Prof. Tsvetan Lazarov Str., Tel .: (02) 940 20 46 fax: (02) 940 36 40 Email: firstname.lastname@example.org, email@example.com Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, Slaveykov Square 4A, 3rd floor, 4th and 6th floor, tel .: 02/980 25 24 fax: 02/988 42 18
hotline: 0700 111 22 Website: www.kzp.bg
7. Registration under the Value Added Tax Act No BG 203869892.
III. PLATFORM CHARACTERISTICS
Art. 3. Eviza BG is an e-commerce platform available at the Internet at https://www.evizabg.com/, through which the Users have the opportunity to conclude contracts for the purchase and sale of the goods offered by the Supplier in the platform, including the following :
1. To register and create a profile for viewing the e-shop of the Provider on the Eviza BG platform and using the additional information services;
2. Review the goods, their characteristics, prices and delivery terms;
3. To conclude with the Contractor contracts for the purchase and sale of the goods offered in the platform Eviza BG;
4. To make any payments in relation to the concluded contracts via electronic means of payment in the platform Eviza BG.
5. To receive information about new goods offered in the platform Eviza BG;
6. To make electronic statements regarding the conclusion or performance of contracts with the Provider on the Eviza BG platform via the interface of the website of Eviza BG, available on the Internet;
7. To be informed about the rights deriving from the law, mainly through the interface of the Eviza BG platform on the Internet;
8. Exercise the right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The supplier of the platform Eviza BG organizes the delivery of the goods and guarantees the rights of the Users provided by the law in the framework of good faith, the criteria and conditions adopted in the practice, consumer or commercial law.
Art. 5. (1) The users conclude a contract for the purchase and sale of the goods with the supplier in the platform Eviza BG at https://www.evizabg.com/. The contract is concluded in Bulgarian and stored in the supplier’s database in the platform.
(2) By virtue of the agreement concluded with the Users on the purchase and sale of goods, the Provider in the platform Eviza BG undertakes to organize the delivery and transfer of the ownership of the User to the goods assigned by him through the interface in the platform. Users have the right to correct mistakes in entering information no later than issuing the contract for the conclusion of the contract with the Provider in the Eviza BG platform.
(3) The Users shall pay to the Provider of the Eviza BG platform the remuneration for the delivered goods in accordance with the terms and conditions set forth in the Eviza BG Platform and these General Terms and Conditions. The remuneration is in the amount of the price announced in the platform Eviza BG.
(4) Through the Eviza BG platform, the person who will perform the delivery of the goods ordered by the Users shall be selected within the terms and under the terms and conditions set forth in the platform and according to these General Terms and Conditions.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and execution 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 of the site are made by the persons mentioned in the data provided by the User in making the registration if the User has entered the respective access name and password.
IV. REGISTRATION FOR USE OF EVZA BG
Art. 7. (1) In order to use Eviza BG for concluding contracts for the purchase and sale of goods, the User shall enter the selected name and password for remote access or pass through the procedure of “Guest Guest Payment” from the Provider’s website, which is deemed to have accepted the present terms and conditions.
(2) The name and password for remote access shall be determined by the User by making an online registration on the website of the Provider on the platform Eviza BG, according to the procedure specified therein.
(3) By filling in the details and pressing the “Registration” buttons, the User declares that he / she is familiar with these terms and conditions, agrees with their content and is obliged to abide by them. It is considered that the User is familiar with these terms and conditions and accepts them if he has gone through the guest-paying procedure.
(4) The supplier of the Eviza BG platform confirms the registration made by the User by sending a letter to an e-mail address indicated by the User. An account of the User is created and between him and the Provider on the platform Eviza BG contractual relations arise.
(5) When making the registration, the User undertakes to provide correct and up-to-date data. The user is obliged to update the data specified in his / her registration in a timely manner.
V. TECHNICAL STEPS TO CONCLUDE A PURCHASE CONTRACT
Art. 8. Users mainly use the interface on the Provider’s website in the Eviza BG platform to conclude contracts for the purchase and sale of the goods offered in the Eviza BG platform.
Art. 9. The users conclude the contract for the purchase and sale of the goods on the platform Eviza BG by the following procedure:
(1) Registration of the Eviza BG platform and provision of the necessary data if the User has not registered so far in the Eviza BG platform;
(2) Log in to the ordering system at the ALBET platform by identifying by name and password;
(3) Selection of one or more of the goods offered by the suppliers in the Eviza BG platform and their addition to a purchase order list (“Basket”);
(4) Selection of goods and their characteristics (color, size, etc.) from the list of goods for purchase on the Eviza BG platform, for which a contract for sale and purchase should be concluded;
(5) Providing data for delivery;
(6) Choice of method and time for payment of the price.
(7) Confirmation of the order.
Art. 10. In the case of goods ordered for purchase by telephone, the Supplier shall, at the option of the User, send him a confirmation of the order and give them these general terms and conditions:
1. At a user’s e-mail, together with a confirmation of the order made, which is deemed to be notified and agrees with the terms of the order, if he does not withdraw the order immediately or
2. By courier together with the goods ordered for purchase and confirmation of the order made, by signing the confirmation, which is returned to the Provider, the User is deemed to be notified and agrees to the general conditions.
VI. CONTENT OF THE CONTRACT
Art. 11. (1) The supplier of the platform Eviza BG and the Users shall conclude individual contracts for the purchase and sale of the goods, requested by the Users, regardless of the fact that they have been elected with one electronic statement and one list of goods for purchase.
(2) The supplier of the platform Eviza BG may organize together and simultaneously the delivery of the goods ordered with the individual contracts for purchase and sale through a chosen courier company.
(3) The rights of the Users in connection with the supplied goods shall be exercised separately for each purchase contract. The exercise of rights in relation to a delivered good does not affect and has no effect on the contracts for the purchase and sale of the other goods. In the case that the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal of the purchase contract for a particular good shall not affect the contracts for the purchase of the other goods delivered to the consumer.
Art. 12. In the exercise of the rights under the purchase contract, the User is obliged to indicate precisely and unambiguously the contract and the goods in respect of which the rights are exercised.
Art. 13. The user may pay the price for individual purchase contracts in the same time when the goods are ordered or when they are delivered in one of the following ways:
1. through the PayPal express checkout method;
2. by cash on delivery of the goods by courier.
Art. 14. (1) The cost of delivery shall be paid in full by the User and the price of the delivery to the address indicated by the User shall be BGN 5.50.
(2) The price of the delivery under par. 1 shall be paid together with the price of the purchased goods through the payment method chosen by the User.
VII. SPECIAL CLAUSES APPLYING TO PERSONS WHO HAVE A QUALITY CONSUMER UNDER THE LAW OF CONSUMER PROTECTION
Art. 15. The rules of this Section VII of these General Terms and Conditions shall apply only to Users for whom, according to the data specified for the conclusion of the Purchase Agreement or the registration with Eviza BG, it 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
Art. 16. (1) The main characteristics of the goods offered by the Provider in the platform Eviza BG are defined in the profile of each item in the platform Eviza BG.
(2) The price of the goods, including all taxes and fees, shall be determined by the Provider in the profile of each commodity in the platform Eviza BG.
(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 Eviza BG and shall be provided as information to the Users when selecting the goods for the conclusion of the purchase contract.
(4) The terms of payment, delivery and performance of the contract are defined in these General Terms and Conditions and the information provided to the User through the mechanisms in the platform Eviza BG.
(5) The information provided to the Users under this Article is current at the moment of its visualization on the Eviza BG platform prior to the conclusion of the purchase contract.
(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the Eviza BG platform or e-mail.
Art. 17. (1) The consumer chooses independently whether to pay to the Provider on the Eviza BG platform the price for the delivery of the goods before or at the moment of their delivery, respectively using the electronic means of payment provided in the Eviza BG platform or with cash upon receipt of the goods .
(3) In the event that the value of the Order of the User is equal or exceeds BGN 10,000, the payment shall be made only by transfer or payment to the Provider’s payment account.
Art. 18. (1) The consumer has the right, without indemnity or forfeiture and without giving any reason, to cancel the concluded contract within 14 days from the date of receipt of the goods from the selected by the Eviza BG suppliers platform through the uniform form for denial of the contract, available on the supplier’s website at the Eviza BG platform at www.evizabg.com.
The right of withdrawal under par. 1 shall not apply in the following cases:
1. for delivery of goods made to the consumer or according to his individual requirements;
2. for bathing suits and lingerie;
3. for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
4. for the supply of sealed goods which have been printed after delivery and can not be returned for reasons of hygiene or health protection;
5. for the supply of goods which, once delivered and by their nature have been mixed with other goods from which they can not be separated;
6. for the supply of sealed sound recordings or video recordings or sealed computer software that have been printed after delivery;
7. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
(3) Where the supplier in the Eviza BG platform has not fulfilled its obligations to provide information specified in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within one year and 14 days from the date of receipt of the product. When the information is provided to the consumer within the withdrawal period, it begins to run from the date of its submission. The user has the right to make the cancellation notice under this Article directly to the respective supplier through the single withdrawal form available on the Provider in the Eviza BG platform at www.evizabg.com.
(4) Where the User has exercised his right to withdraw from the distance or off-premises contract, the Supplier shall reimburse all sums received by the consumer, including the cost of delivery, without undue delay and no later than 14 days from the date on which he was informed of the consumer’s decision to withdraw from the contract. Supplier shall recover the amounts received using the same payment instrument used by the user in the initial transaction unless the consumer has expressly agreed to use another means of payment and provided that this is not cost-related to the consumer.
(5) In exercising the right of withdrawal, the costs of return of the delivered goods shall be deducted from the amounts for recovery under para. (4), except where the consumer arranges for himself and on his own account to return the goods. The supplier has no obligation to reimburse the additional cost of delivery of the goods when the consumer 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 in the platform and to ensure the preservation of their quality and safety during the term under para. 1.
(7) The User may exercise his / her right to withdraw from the Contract with the Provider by making a written statement to the Provider through the standard withdrawal form available at https://evizabg.com/index.php?route=account/return/ add
(8) Where the supplier in the Eviza BG platform has not offered to take the goods alone, he may withhold the payment of the consumer’s sums until he receives the goods or until the consumer provides proof that he has sent the goods back, whichever is the both happened earlier.
(9) In addition to the right of withdrawal, the consumer is entitled to a legal guarantee of 2 years for the conformity of the goods with the contract of sale guaranteed by the Consumer Protection Act.
Art. 19. (1) The consumer has the right to bring a purchased item within a period of 7 days from the date of its receipt, by the replacement form if the good received does not correspond to the goods ordered for purchase or has a factory defect.
(2) The consumer shall bring the purchased goods for substitution not later than 7 days from its receipt, by sending it to the courier provider, by submitting a receipt for the purchased goods or at a place in the physical premises of the Provider.
(3) The Supplier shall have the right to refuse to accept the replacement if it finds contamination or damage to the goods and if it has not been returned to its original packaging.
(4) The supplier shall replace the purchased goods with another commodity of the same type and quality or, in the absence thereof, with a good of choice to the customer for the same value. If the product was in a reduced price promotion, the customer is entitled to a replacement with another item at the same price that the customer actually paid to the Supplier.
(5) Goods manufactured in individual size orders shall not be returned and replaced unless there is a factory defect.
(5) Goods manufactured in individual size orders shall not be returned and replaced unless there is a factory defect.
(6) In exercising the right of exchange, the cost of returning the goods and the delivery of the goods with which they are replaced shall be at the expense of the User.
Art. 20. (1) The term of delivery of the goods is determined for each product separately upon conclusion of the contract with the consumer through the website of the Provider in the platform Eviza BG.
(2) If the User and the Provider on the Eviza BG platform have not set a delivery time, the delivery period of the goods shall be 5 days from the date of the automatic confirmation by e-mail of the order made.
(3) If the order is made on a Sunday or on an official non-working day, the order is processed on the first working day and the delivery term is calculated not earlier than that day, even if an automatic confirmation has been received beforehand.
(4) If the Provider in the platform Eviza BG can not fulfill the contract because it does not have the ordered goods, it is obliged to notify the consumer and to recover the amounts paid by him.
VIII. IMPLEMENTATION OF THE TREATY
Art. 21. (1) The supplier of the platform Eviza BG organizes the delivery and delivery of the goods to the User in the term determined upon the conclusion of the contract.
(2) If the term under para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Provider in the platform Eviza BG organizes the delivery and delivery of the goods within 5 days from the date of the automatic confirmation by e-mail of the order made.
Art. 22. (1) The user shall review the goods at the moment of delivery and delivery and, if they are not in compliance with the requirements, to immediately notify the Provider of the said contact e-mail.
(2) If the User does not notify the Provider on the Eviza BG platform pursuant to para. 1 the product is deemed to have been approved as complying with the requirements, except for hidden defects.
Art. 23. For the cases not settled in this section, the rules governing the sale of merchandise set out in the Commerce Act and the Obligations and Contracts Act shall apply.
IX. PROTECTION OF PERSONAL DATA
Art. 24. (1) The provider of the platform Eviza BG shall take measures for the protection of the personal data of the User according to the Personal Data Protection Act.
(2) For security reasons of the User’s personal data, the Provider on the Eviza BG platform will only send the data to an e-mail address that was designated by the Users at the moment of registration.
(3) The supplier of the platform Eviza BG has the right to store data in the terminal communication device of the User, unless the latter explicitly disagrees.
(4) The User or the User agrees that the Provider of the Eviza BG platform has the right to send at any time electronic messages to the User or the User, including a newsletter or proposals for the purchase of goods while there is registration of the User or the User in the e-shop of the Provider in the platform Eviza BG.
(5) The User or the User agrees that the Provider of the Eviza BG platform has the right to collect, store and process data to the User or User’s behavior when using the e-shop of the Provider on the Eviza BG platform.
Art. 25. (1) At any time, the Provider in the Eviza BG platform shall have the right to require the User to legitimize and certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) In the event that, for any reason, the User has forgotten or lost his name and password, the Platform Provider Eviza BG has the right to enforce the “Lost or Forgotten Names and Passwords Procedure” available at: https: // evizabg .com /
X. AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 26. (1) These General Terms and Conditions may be amended by the Provider of the Eviza BG platform, for which the latter shall notify in an appropriate manner all registered Users.
(2) The supplier of the platform Eviza BG and the User agree that any addition and modification of these general conditions will have effect against the User in one of the following cases:
A) upon express notification by the Provider on the Eviza BG platform and if the User does not declare in the 14-day time limit that he rejects them; or
B) after their publication on the website of the Provider on the platform Eviza BG and if the User does not declare them within 14 days of their publication;
C) with its explicit acceptance by the User through his / her profile on the supplier’s website in the Eviza BG platform.
(3) The User agrees that all statements made by the Provider on the Eviza BG platform in connection with the amendment of these General Terms and Conditions will be sent to the e-mail address indicated by the User upon registration. The User agrees that emails sent pursuant to this Article need not be signed with an electronic signature in order to have an effect on him.
Art. 27. The supplier of the Eviza BG platform publishes these terms and conditions at https://evizabg.com/usloviya-za-polzvane, together with any additions and amendments thereto.
Art. 28. These General Terms and the User’s Agreement with the Provider on the Eviza BG platform shall be terminated in the following cases:
1. in case of termination and announcement in liquidation or in bankruptcy of one of the parties to the contract;
2. by mutual agreement of the parties in writing;
3. in the event of an objective impossibility of any of the parties to the contract to fulfill its obligations;
4. in case of seizure or sealing of equipment by state authorities;
5. in case of deletion of the User’s registration in the platform Eviza BG. In this case, the concluded but not executed purchase contracts remain in force and are subject to enforcement;
Art. 29. The supplier of the platform Eviza BG has the right, at its sole discretion, without giving notice and without due compensation to terminate the contract unilaterally, in case it finds that the User uses the Eviza BG platform in violation of the present general terms and conditions, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in e-commerce.
Art. 30. The distance sales contract will be deemed to have been terminated if the consumer has chosen to pay with cash and cumulatively:
1. not pay the invoice, at the moment of delivery by courier or
2. has indicated an incorrect or inaccurate address, or
3. is not at the specified address on the day of delivery and does not correspond to the telephones specified for contact in order to arrange the receipt of the goods.
Art. 31. The User undertakes to indemnify and release from the Supplier any claims and other claims of third parties (whether reasonable or unreasonable) for all damages and costs (including attorneys’ fees and legal expenses) arising from or in (2) violation of copyright, productive rights, broadcasting rights or other intellectual or industrial property rights, (3) the unauthorized transfer of others to the rights granted to the User, for its duration under the terms of the contract and (4) a false declaration of the existence or absence of a quality consumer within the meaning of the Consumer Protection Act.
Art. 32. The Provider shall not be liable in case of force majeure, incidental events, Internet problems, technical or other objective reasons, including dispositions of the competent state authorities.
Art. 33. (1) The supplier of the platform Eviza BG shall not be liable for damages caused by the User to third parties.
(2) The supplier of the Eviza BG platform and its chosen distributors shall not be liable for any material or non-pecuniary damage resulting from loss of profits or damages caused to the User during the use or non-use of Eviza BG and the conclusion of purchase / sale with the supplier in the platform Eviza BG.
(3) The supplier of the platform Eviza BG is not responsible for the time during which the platform was not accessible due to force majeure.
(4) The supplier of the platform Eviza BG shall not be held responsible for damages from comments, opinions and publications under the products, news and articles on the platform Eviza BG.
Art. 34. (1) The supplier of the platform Eviza BG shall not be liable in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, limitation of access to information and other similar consequences.
(2) The supplier of the platform Eviza BG shall not be liable in case of conclusion of a contract for sale, provision of access to information, loss or change of data occurring as a result of the false legitimation of a third party presented to the User if from the circumstances may be judged that this person is the User.
Art. 35. The supplier of the platform Eviza BG shall not be liable for failure to fulfill an order if the User has indicated incorrect, incomplete or inaccurate data, including incomplete or inaccurate address or telephone.
XIII. OTHER TERMS
Art. 36. (1) The user and the Provider in the platform Eviza BG undertake to protect each other their rights and legitimate interests, as well as to protect their trade secrets, which have become known to them during the implementation of the contract and these general conditions.
(2) The User and the Provider in the Eviza BG platform shall be obliged, during and after the expiry of the contract period, not to make public a written or verbal correspondence between them. Publishing of correspondence in print and electronic media, internet forums, personal or public web sites, etc. may be considered public domain.
Art. 37. In the event of a conflict between these general conditions and the arrangements in a special contract between the Provider in the platform Evisa BG and the User, the provisions of the special contract shall prevail.
Art. 38. Any invalidity of any provision of these General Terms and Conditions will not invalidate the entire contract.
Art. 39. (1) The laws of the Republic of Bulgaria shall apply to issues not settled in this Contract, related to the implementation and interpretation of this Agreement.
(2) The User has the right to refer all disputes with the Supplier regarding the implementation of this Agreement to the Alternative Dispute Resolution (ODR) platform available at https://webgate.ec.europa.eu/odr/main/ ? event = main.home.show. In the event of no agreement on extrajudicial settlement, the parties may refer the dispute to the competent Bulgarian courts and the Consumer Protection Commission.
Art. 40. These General Terms and Conditions will enter into force for all Users at https://evizabg.com/ since 2017
Information on exercise of the right of withdrawal
Standard denial guidelines:
I. Right to withdraw from the contract at a distance or away from the business premises.
II. You have the right to withdraw from this contract, without giving any reasons, within 14 days.
III. The withdrawal period is 14 days from the date on which you or a third party other than the carrier and indicated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must notify us of the contact details listed at https://evizabg.com/ and of your decision to cancel the contract with an unambiguous application (such as a letter sent by post, fax or e-mail ).
You can use the standard denial form attached, but this is not required. You can also fill in and submit electronically the standard denial form or other unambiguous denial request to our website https://evizabg.com/. If you use this option, we will immediately send you a confirmation receipt of the refusal on a durable medium (e-mail, for example).
In order to comply with the withdrawal period, it is sufficient to send your notice on the exercise of the right of withdrawal before the expiration of the withdrawal period.
IV. Effect of Refusal.
If you opt out of this agreement, we will refund to you all payments we have received from you, including delivery costs (excluding additional costs associated with a delivery method you choose, other than the cheapest standard delivery method, offered by us) without undue delay and in any case no later than 14 days from the date you inform us of your decision to renounce this contract. We will perform your refund on a specified bank account. in any case, this refund will not be associated with any costs for you.
We have the right to postpone reimbursement until the goods are returned or until you provide evidence that you have returned the goods, whichever is the earlier.
You have to bear the direct costs of returning the goods. Expenditures are expected to not exceed approximately the amount of delivery or standard courier service.
You are only responsible for reducing the value of the goods as a result of testing them other than what is necessary to establish their nature, characteristics and good functioning.
For additional user information, see https://evizabg.com/