GENERAL TERMS AND CONDITIONS OF E-SHOP
These general terms and conditions are intended to regulate the relations between: “Family Partners” Ltd., UIC 160000867, registered office and address: Petrich, 15 Mesta Str. / Supplier, Seller /, in its capacity as owner and operator of an e-shop www.orbeliawinery.bg / The site / and the users of the Site / Users, Buyers, Recipients /.
ІІ. SUPPLIER DATA
Information under the Electronic Commerce Act and the Consumer Protection Act:
Name of the Provider: “Family Partners” Ltd.
Headquarters and address of management: Petrich, 15 Mesta Str
Correspondence data: Petrich, 15 Mesta Str., P.k. 2850, phone 0889 717 241, e-mail: firstname.lastname@example.org.
Entry in public registers: Commercial Register and Register of non-profit legal entities at the Registry Agency with UIC 160000867.
III. CHARACTERISTICS OF THE SITE
The site is an e-shop, accessible through an Internet browser at www.orbeliawinery.bg through the interface where users have the opportunity to:
– To review the goods offered by the Supplier, their characteristics, price and delivery conditions;
– To conclude contracts for purchase and sale of selected goods with the Supplier;
– To make electronic statements in connection with the conclusion or implementation of a contract with the e-shop;
– To make payments in connection with a contract with the e-shop, according to the payment methods maintained by the Provider;
– Subscribe to receive information from the Promotion Provider;
– To receive information about their rights as users of this type of service, arising from the law and the present general conditions.
IV. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
A contract for the sale of goods offered by the Provider may be concluded through the interface of the Site or by placing an order on the phone number listed on the Site.
The contract between the Provider and the User is concluded in Bulgarian and represents the present general conditions, available at www.orbeliawinery.bg.
The party to the contract with the Provider is the User according to the data provided at the completion of the order on the Site.
The provider includes in the interface of its website, technical means for identifying and correcting errors in entering information before making the statement for the conclusion of the contract.
The contract is considered concluded from the moment the User completes his order. . The order is completed when the User has checked the box “I have read and agree to the Terms and Conditions” and has pressed the button to send the information to the Provider.
For the conclusion of a contract for the sale of goods, the Provider explicitly notifies the User within the same or at the latest on the next working day, by sending a confirmation by e-mail provided by the User. In the cases under item 9 above in the confirmation, the Provider also includes a link to the General Terms and Conditions of the Site. The confirmation contains the main parameters of the order – type, model, price, indicating the chosen method of payment; method of payment; quantity; manner and term of delivery and the due costs for delivery, as well as information about the right of withdrawal of the User.
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.
V. TERMS AND CONDITIONS UNDER THE PURCHASE AGREEMENT
Pursuant to the contract concluded with the User for the purchase and sale of goods, the Provider undertakes to transfer ownership and deliver to the User the goods ordered under these general terms and conditions, against the User’s obligation to pay their price and delivery costs explicitly stated. from the Provider.
Delivery costs are not included in the price of the goods. The Supplier indicates to the User the delivery price after the User has categorized the conditions under which he wishes the goods to be delivered to him and before the User has completed his order.
The Supplier delivers the goods ordered by the User within 3 working days from sending a confirmation of the order to the User. In cases where the delivery time for a particular product is different from that specified here, the Supplier explicitly states this so that this information reaches the User before he completes his order.
The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data provided by the Users are incorrect or misleading.
The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
The User and the Provider agree that all statements between them in connection with the conclusion and performance of the contract of sale may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and Art. 11 of the Electronic Commerce Act.
It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User when filling in the order data. The User agrees that the e-mails sent by the Provider do not need to be signed with an electronic signature in order to have effect on him.
VI. OBLIGATIONS OF THE SUPPLIER FOR CONSUMER PROTECTION
The rules under Sections VI and VII of these General Terms and Conditions apply to Users for whom, according to the data provided at the conclusion of the contract of sale, it can be concluded that they are Users within the meaning of the Consumer Protection Act, the Consumer Protection Act e-commerce and / or in accordance with the applicable regulations of the European Parliament and the Consumer Protection Council.
The information about the goods on the Site is divided into types of groups and subgroups The main characteristics of the goods offered by the Provider, the price and other additional information aimed at supporting the informed choice of the User when purchasing the product are defined in the profile of each relevant product on the Site. The supplier is not responsible for inaccuracies in the description of the product, which do not relate to its main characteristics and does not claim the completeness of the information provided.
The supplier reserves the right to publish names, models and other information about goods in English or another foreign language, when there is a danger that the translation will lose valuable information about the characteristics of the goods; or there is no generally accepted unambiguous terminology in the Bulgarian language.
All prices listed on the Site are in Bulgarian levs and include VAT. The price of each specific item is indicated in a place visible to the User, so that he is informed about it before completing his order.
Prior to concluding the contract, the supplier shall indicate the total value of the contract for all goods contained therein.
Payment can be made by bank transfer – by bank card or in cash by cash on delivery. The user has the opportunity to choose which of the possible methods of payment and delivery will be used before completing his order.
In case of cash on delivery, the User undertakes to pay at the time of delivery to the Provider or his representative / subcontractor performing the delivery, the full value of the order according to the confirmation of the Provider.
In case of payment by bank transfer, the User pays the value of the order according to the confirmation of the Provider to a bank account specified in the confirmation or in an additionally generated and provided invoice and only after the payment is confirmed as received and the bank account is credited with the corresponding amount. The supplier performs the delivery of the ordered goods.
Delivery costs are not included in the price of the goods. Delivery costs are as follows:
– To Speedy’s office – price BGN 6.00.
– To the address of the recipient – price BGN 10.00.
– For orders over BGN 150.00 – delivery is free.
– When taking the order from our warehouse with address Sofia, 7 Obelsko Shosse Str. – no delivery fee is charged.
In case of a difference in the prices indicated here, the Provider explicitly notifies the User in accordance with item 13 above. The supplier calculates and includes the delivery costs in the value of the order when sending a confirmation in accordance with item 10 above.
At any time before the final confirmation of the order by filling in the purchase form, the User has the right to make changes in the selected goods and services.
The information provided to the Users in this section is current at the time of its visualization on the Provider’s Website – before the conclusion of the contract of sale.
The supplier is not responsible for delays in delivery due to circumstances beyond his control, such as delays by the courier making the delivery.
Upon delivery, the goods should be carefully inspected by the User and / or a person authorized by him. In case of detection of external visible defects – possible damages, shocks and other damages found during delivery, the User should sign a report for damages in the presence of the courier, which describes the defects and immediately notifies the Provider through any of the contact means specified in this General terms.
Upon acceptance of the delivery by the User without remarks, all and any subsequent claims for external visible defects of the received goods appear unfounded and as such should not be satisfied. In case the damage report is not prepared and signed in the presence of the courier upon receipt of the goods and / or does not immediately notify the Supplier, the User loses his right to bring the identified external visible defects in accordance with the sales contract.
Upon delivery of the goods, the User or a third party designated by him are obliged to sign the accompanying documents. A third party is considered to be any person who is not the holder of the application, but accepts the goods upon delivery to the delivery address specified by the User.
In case the User is not found within the deadline for delivery to the address specified by him and / or access to the delivery address is not provided, The supplier is released from his obligation to deliver the ordered goods.
When the delivered goods clearly do not correspond to the ones ordered for purchase by the User and this can be established during a simple inspection of the delivered goods, the User has the right to request that the delivered goods be replaced with one corresponding to his application for purchase of goods within 24 hours of notifying the Provider of such a request through any of the contact means specified in these General Terms and Conditions.
The goods must be returned in the original packaging in its entirety, complete with accompanying documentation and without damage. The supplier reserves the right, in case the returned goods are damaged packaging, traces of use, scratches, bumps, missing accessories, warranty card, to decide whether to accept the returned goods When the order includes a promotional package of several items, “complete set” means intact integrity of both the outer promotional packaging and the individual items in it.
The supplier subcontracts only in the geographical territory of the Republic of Bulgaria.
If the Provider is unable to perform the contract due to lack of ordered goods or for other valid reasons, he is obliged to notify the User and refund the amounts paid by him within 30 working days from the date on which the Supplier is he had to fulfill his obligation under the contract. In this case, the Provider does not owe compensation and / or penalties to the User.
The Provider has the right at any time and without notice to make changes in the published products, services, prices and other characteristics of the goods and Users are considered informed of these changes from the date of publication.
When changes are made in the price of the goods, the User must pay the price that was indicated on the Site at the time of completion of the order, regardless of whether it is lower or higher than the updated price.
Some of the information published on the Site may relate to products that are not available and are not currently available. When a User has placed an order for such a product, the Provider has the rights and obligations under item 38 above.
In case of technical errors in the information published on the Site / including the price, available quantities or other main characteristics of the goods /, as a result of which the order cannot be executed, the Supplier has the right to refuse the order without any other compensation of the User, except for refund of the amounts paid and / or deposited by the User for the canceled order, if any. The User has the same right.
VII. CONDITIONS FOR EXERCISING THE RIGHT OF REFUSAL
The consumer has the right to withdraw from the contract under Art. 50 of the Consumer Protection Act, without due compensation or penalty and without stating a reason, within 14 working days from the date of receipt of the goods, and when he ordered many goods with one order, which will be delivered separately from the date on which he received the last goods.
The User may exercise his right of withdrawal in case he informs the Provider of his decision before the expiration of the 14-day period under item 43 above.
The User may withdraw from the contract by sending an unambiguous statement to the Provider that he withdraws from the contract and indicating the individualizing features of the order: order number; type and quantity of goods; name, address and contact for user feedback. This statement can be made through the specially provided feedback form on the Site or at the email address email@example.com.
When a user has exercised his right of withdrawal under this section, the Provider sends him a confirmation of receipt of the refusal to the e-mail address from which the unequivocally stated statement of refusal is received or to another email explicitly specified in the statement of refusal The provider shall send the confirmation as soon as possible, but not later than the first working day following the day of receipt of the notification of refusal.
In the event that the User exercises his right of withdrawal, the Provider shall refund all amounts received, without undue delay and no later than 14 days from the date on which he was notified of the User’s decision to withdraw from the contract.
The Provider refunds the amounts received on the returned orders within 14 days from the date of receipt of the returned shipment, to a bank account specified by the User.
The Supplier is not obliged to reimburse the additional costs for delivery of the goods, when the User has explicitly chosen a method of delivery of the goods, other than the cheapest type of standard delivery offered by the Supplier.
When the User exercises his right to withdraw from the contract, he is obliged to send or hand over the goods back to the Provider or a person authorized by him without undue delay and no later than 14 days from the date on which the consumer notified the Provider for his decision to withdraw from the contract. The deadline is considered met if the consumer sends or hands over the goods back to the Supplier before the expiry of the 14-day period. The costs of returning and handing over the goods are at the expense of the User.
The Supplier may withhold payment of the amounts to the User until he receives the goods or until the User provides proof that he has sent the goods back, whichever occurs first.
The User undertakes to store the goods received from the Supplier, their quality and safety during the period for exercising the right of withdrawal.
In case of withdrawal from the contract, the goods should be returned in original packaging in its entirety in accordance with item 36 above, complete with accompanying documentation / when available / and without damage. The supplier reserves the right, in case the returned goods are damaged packaging, traces of use, scratches, bumps, missing accessories to decide whether to accept the returned goods.
In case the purchased product is in a package sealed with a sticker or otherwise from its manufacturer, aiming to certify its quality as a new and previously unused product, the User has the right to return the product only in its original form, with unopened packaging, together with intact existing protective stickers, stickers, caps, stoppers or other signs. Otherwise, the User must pay the price he had to pay for the ordered item.
When purchasing a product subject to copyright and / or patent rights, the Supplier does not grant any additional rights for use and distribution, except for the explicitly mentioned rights and / or licenses from the manufacturer / distributor of the product.
All goods and services provided by the Provider, which enjoy protection under the Law on Protection of Copyright and Related Rights, the Law on Patents and Utility Models, the Law on Trademarks and Geographical Indications and other applicable acts in this field, are provided to Users in its original form, packaging and carrier without any influence on the part of the Provider and in accordance with the licenses and distribution rights granted by the manufacturers and / or distributors for the Republic of Bulgaria.
The Provider is not responsible for the information and / or content of other sites owned by third parties, and does not impose or recommend the use of these sites or the information published on them. The possible risks associated with the use of such sites are borne by the Users.
VIII. PROTECTION OF PERSONAL DATA
IX. AMENDMENT AND TERMINATION
These general terms and conditions may be amended by the Provider, and the change is effective from the moment of publication of the changes on the Site.
These general terms and conditions and the User’s contract with the Provider are terminated in the following cases:
– in case of termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
– by mutual agreement of the parties in writing;
– unilaterally, with notice from each of the parties in case of culpable failure to fulfill the obligations of the other party;
– in case of objective impossibility of one of the parties to the contract to perform its obligations without the parties owing compensation and / or penalties, in which case each party must return to the other what it received from it in connection with the performance of the contract ;
– in case of exercising the right of withdrawal under Section VII of these General Terms and Conditions.
X. OTHER CONDITIONS
The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
The laws of the Republic of Bulgaria shall apply to the issues related to the implementation and interpretation not settled here.
All disputes between the parties to this contract will be resolved by mutual agreement, by the competent authorities or by the Consumer Protection Commission.
These general terms and conditions enter into force for all Users of www.orbeliawinery.bg, as of 01.02.2022