GENERAL CONDITIONS OF THE “B. VERSION” E-SHOP
Art. 1. These General Terms and Conditions are intended to regulate the relations between Verderon EOOD, UIC: 204397455, hereinafter referred to as the PROVIDER, and the customers, hereinafter referred to as the USERS, to the B. Version e-shop accessible at www.bYOURversion.com, hereinafter referred to as the E-SHOP.
II. INFORMATION ABOUT THE SUPPLIER
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: “Werderon” Ltd.
2. UIC: 204397455
3. Headquarters and address of management: Sofia 1680, 47 A Solun str., floor 6, ap. 22, Sofia District, Stolichna municipality, Bulgaria 4. Address for correspondence, telephone and e-mail: “Werderon” Ltd.,
Sofia 1680, Po. Box 96, Bulgaria, GSM: 0877 003 124, e-mail: firstname.lastname@example.org
5. Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia 1592, “Prof. Tsvetan Lazarov “№ 2,
Tel .: (02) 940 20 46
fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
Web site: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveikov Square, 3rd, 4th and 6th floor,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
Web site: www.kzp.bg
III. CHARACTERISTICS OF THE E-SHOP
Art. 3. The E-SHOP is accessible at the address: www.bYOURversion.com through which the Users have the opportunity to sign contracts for the purchase and sale of the goods offered by the E-SHOP, including the following:
1. To register and create an account for viewing the E-SHOP and using additional information services;
2. Make electronic statements regarding the conclusion or performance of contracts with the E-SHOP via the interface of the E-SHOP page available on the Internet;
3. Conclude contracts for the purchase and sale of the goods offered by the E-SHOP;
4. Make any payments in connection with the contracts concluded with the E-SHOP, according to the electronic payment methods supported by the E-SHOP.
5. Receive information about new goods offered by the E-SHOP;
6. View the goods, their characteristics, prices and delivery conditions;
7. To be informed about their lawful rights mainly through the interface of the E-SHOP on the Internet;
8. Exercise the right to withdraw from the distance contract for the goods offered by the Supplier for which the right of withdrawal is applicable;
Art. 4. The Supplier shall deliver the goods and guarantee the rights of the Users provided for by law in the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) The users conclude a contract for the purchase and sale of the goods offered by the E-SHOP via the supplier’s interface, accessible on its Internet site or other means of distance communication.
(2) By virtue of the agreement concluded with the Users on the purchase and sale of goods, the Provider undertakes to deliver and transfer the ownership of the goods to the User assigned by him/her through the interface of the E-SHOP.
(3) The Beneficiaries shall pay to the Supplier remuneration for the delivered goods under the conditions set forth in the E-SHOP and these General Terms and Conditions. The remuneration is in the amount of the price announced by the Provider in the E-SHOP.
(4) The Provider shall deliver the goods requested by the Users within the terms and conditions set by the Provider on the page of the E-SHOP and in accordance with these General Terms and Conditions.
(5) The delivery price is not included in the price of the goods. For Bulgaria and abroad this price is to be payed by the consumer, unless something other is provided on the site in the time of the purchase.
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 Documents and Electronic Signatures and Art. 11 of the E-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 when purchasing as a guest or at registration.
IV. USE OF THE E-SHOP
Art. 7. (1) In order to use the E-SHOP to conclude contracts for the purchase and sale of goods, the User can purchase as a guest by entering the respective data or shall enter a name and password of remote access chosen by her/him, in cases, in which the E-SHOP requires registration.
(2) The name and password for remote access shall be determined by the User by electronic registration on the Provider’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 Provider confirms the registration made by the User by sending a letter to an email address indicated by the User, to which the registration activation information is sent. The user confirms the registration and the conclusion of the contract by electronic reference in the letter informing about the registration, sent by the Provider. Upon confirmation, an Account of the User is created and a contractual relationship arises between the User and the Provider.
(5) When making the registration the User undertakes to provide correct and up-to-date data. The user shall promptly update the data specified in his registration in case of change.
(6) In order to use the full functionality of the E-SHOP of the Provider, the User understands that s/he has to create an account in the E-SHOP. The Provider is not liable if, due to a lack of registration, the User has been unable to use the full functionality of the E-SHOP, including in relation to 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 without making a registration in the E-SHOP by an express statement of intent, including through the web page of the E-SHOP.
Art. 8. (1) The electronic address provided at the initial registration of the User as well as any subsequent electronic address used for the exchange of statements between the User and the Provider 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 Email Address.
(2) The user can change his registered e-mail address at any time, through the relative functionality, available under “My account”, “Account details”. The change takes place by entering the new e-mail and clicking the button “Save changes”.
(3) The Provider shall not be liable to the User for unauthorized modification of the Basic Contact E-mail Address or for a wrong e-mail address that was entered on the side of the User.
(4) The Provider may require the User to use the Basic Contact E-mail address in specific cases.
V. TECHNICAL STEPS TO CONCLUDE A CONTRACT FOR SALE
Art. 9. (1) Users shall mainly use the interface on the Provider’s website in order to conclude contracts for the purchase and sale of the goods offered by the Supplier in the ELECTRONIC SHOP.
(2) The contract shall be concluded in Bulgarian or English, depending on the language version of the site that the User chooses.
(3) The Contract between the Provider and the User is represented by the present General Terms and Conditions, available on the E-SHOP website in both Bulgarian and English.
(4) A party to the contract with the Provider shall be the User according to the data provided at the registration and contained in the user’s personal profile. More precisely, this is the data with which the user account was created in the E-SHOP or the data that the User entered while purchasing as a guest.
(5) The supplier shall include, 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 time of the User’s registration with the Supplier or the acceptance of the General Terms and Conditions in another explicit manner, including by means of a statement on the Provider’s website. The contract for the purchase and sale of a good is considered to have been concluded from the time of its being declared by the User through the Interface of the Supplier.
(7) For the conclusion of this contract and for the conclusion of the contract for the purchase and sale of goods, the Provider shall explicitly notify the User in an appropriate manner 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 in the event that the data indicated by the Users are untrue or misleading.
Art. 10. (1) The Users shall conclude the Purchase-Sale Agreement with the Supplier under the following procedure:
1. Make a registration in the E-SHOP and provide the necessary data if the User has not previously registered in the E-SHOP or request a product without registration (if the site allows such an operation in the current moment), by entering the necessary data in the respective data entry fields;
2. Enter into the order system of the E-SHOP by access through username and password and other means of identification;
3. Select one or more of the offered goods of the ELECTRONIC SHOP and add them to a list of goods for purchase;
4. Provide data for delivery;
5. Choose of method and time for payment of the price.
6. Confirm the order;
(2) The users may conclude the contract of sale with the Provider without making a registration, using the relevant functionality in the interface of the E-SHOP, provided that such functionality is currently active in the E-SHOP
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER AND THE USER. CONSUMER PROTECTION
Art. 11. The provisions of Section VI of these General Terms and Conditions shall apply to Users for whom, according to the data specified for the conclusion of the Purchase Agreement or the registration in the E-SHOP, it can be concluded 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. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each item on the E-SHOP.
(2) The price of goods with all taxes included is determined by the Supplier in the profile of each item on the E-SHOP.
(3) The value of the postal and transport costs is not included in the price of the goods.
(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 Provider’s website.
(5) The information provided to the Users under this Article is current at the time of its visualization on the Provider’s website prior to the conclusion of the Purchase Agreement.
(6) The Provider must specify the conditions for the delivery of the individual goods on his site.
(7) Before the conclusion of the contract, the Provider shall indicate 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 E-SHOP or e-mail.
Art. 13. (1) The User agrees that the Provider is entitled to accept an advance payment for the contracts concluded with the consumer for the purchase and sale of goods and their delivery.
Art. 14. (1) The consumer is entitled, without due compensation or penalty and without providing 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 Provider in Appendix 1 to these General Terms and Conditions. Information on exercising the right of withdrawal is available on the Provider’s website in appendix No 2 to these Terms and Conditions. Users can also use another unambiguous statement that can be recorded on a durable medium (e-mail statement, for example).
(2) The right of withdrawal shall not apply if the User makes the received product unusable, aesthetically unsuitable for sale or dangerous to use by reason of testing the product other than that which is necessary to establish the nature, characteristics and its good functioning.
(3) The right of withdrawal under para. 1 shall not apply to the following types of supplies:
1. for the supply of goods made to the consumer or according to his individual requirements;
2. for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
3. for the supply of sealed goods which have been opened after delivery and cannot be returned for reasons of hygiene or health protection;
4. for the supply of goods which, after having been delivered and by their nature have been mixed with other goods from which they cannot be separated;
5. for the supply of sealed phonograms or video recordings or sealed computer software that have been opened after delivery;
6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(4) Where the User has exercised his / her right to withdraw from the distance or off-premises contract, the Supplier shall reimburse all sums received by the User, including delivery costs, 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. Supplier shall recover the sums received using the same means of payment 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 associated with any cost to the User.
(5) The Supplier shall not be obliged to reimburse the additional costs 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) In the exercise of the right of withdrawal, the cost of returning the delivered goods shall be borne by the consumer and, if necessary, the Supplier may deduct them from the amount paid by the consumer under the contract.
(7) 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.
(8) The consumer may exercise his right of withdrawal from the contract with the Provider by making a written statement to the Provider through the standard withdrawal form, available on the ELECTRONIC SHOP site as Appendix 1 to these General Terms and Conditions.
(9) The Supplier has the right to withhold the payment of the consumer’s amounts until he has received the goods or until the User has provided proof that he has sent the goods back, whichever is the earlier.
Art. 15. (1) The delivery period of the goods and the starting point from which they run shall be determined for each item individually upon conclusion of the contract with the consumer through the website of the Provider, unless the goods are ordered in one delivery.
(2) If the User and the Provider have not set a delivery period, the delivery time of the goods shall be 30 working days from the date following the sending of the order to the Supplier through the e-shop site.
(3) The Provider shall not be liable if for ready goods the term of delivery is overdue in force majeure or by the fault of the postal or courier company who has taken delivery of the goods.
(4) If the Provider cannot fulfil the contract because he does not have in stock the goods ordered, he is obliged to inform the User about this and to refund the amounts paid by him / her.
(5) For goods for which the User is expressly informed that they are not in stock but the User has expressed a desire to order them and to give a deposit for their manufacture, the delivery term shall start from the moment in which the goods are manufactured, are in a finished form and are ready to send. The term for the production of such goods is further determined by the Provider and is announced to the User prior to the order and / or offer of deposit for them.
Art. 16. (1) The Provider shall deliver the goods to the User after certifying the fulfilment of the requirements for providing information to the consumer in accordance with the Consumer Protection Act.
(2) The User and the Provider 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 Provider agree that the requirements of para. 1 shall be complied if the certification is carried out by a person for whom, according to circumstances, it can be concluded that will transmit the information to the User – party to this contract.
VII. OTHER TERMS
Art. 17. The Provider delivers and hands over the goods to the User in the term specified at the conclusion of the contract.
Art. 18. The user must review the goods at the time of delivery and delivery by the Supplier and, if they are not eligible to notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider shall take measures to protect the personal data of the User pursuant to the Personal Data Protection Act.
(2) For security reasons of the User’s personal data, the Provider will only send the data to an e-mail address that was designated by the User at the moment of registration.
(4) The Users agree that the Provider has the right to process their personal data necessary for the execution of the E-SHOP orders and the execution of the contract.
Art. 20. At any time, the Provider is entitled to require the User to identify and certify the authenticity of each of the circumstances and personal data announced during the registration.
IX. AMENDMENT AND ACCESS TO THE GENERAL CONDITIONS
Art. 21. (1) These General Terms and Conditions may be amended by the Provider, for which the latter shall inform in an appropriate manner all Users who have registered.
(2) The Provider and the User agree that any addition and amendment of these General Terms and Conditions will have effect upon the User upon express notification by the Provider and if the User does not declare within 30 days that he rejects them.
(3) The User agrees that all statements by the Provider regarding the modification 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 under the terms of this Article need not be signed with an electronic signature to have an effect on him.
Art. 22. The Provider publishes these terms and conditions at its site address, together with any additions or amendments thereto.
Art. 23. These General Terms and the User’s Agreement with the Supplier are terminated in the following cases:
1. upon termination and declaration in liquidation or bankruptcy of one of the parties to the contract;
2. by mutual agreement of the parties in writing;
3. unilaterally, with notice from either party in case of non-fulfilment of the obligations of the other party;
4. in the case of an objective impossibility of one of the parties to the contract to fulfil its obligations;
5. upon seizure or sealing of equipment by state authorities;
6. in case of deletion of the User’s registration on the ELECTRONIC SHOP site. In this case, the concluded but not fulfilled purchase contracts remain in effect and are subject to enforcement;
7. in case of exercise of a right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the corresponding ordered goods shall be terminated if the right of withdrawal is applicable to the relevant category of goods.
XI. APPLICABLE LAW
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 execution and interpretation of this Agreement.
Art. 26. All disputes between the parties to this contract will be resolved by the competent Bulgarian court or the Consumer Protection Commission.
Annex 1 – Standard form for exercising the right of withdrawal:
(fill in and submit this form only if you wish to cancel the contract, we recommend sending it to our e-mail – email@example.com for the quickest possible confirmation)
WERDERON Ltd., address: Sofia 1680, Po. Box 96, 47 A Solun str., fl. 6, apt. 22, GSM: 0877 003 124, e-mail: firstname.lastname@example.org,
I/We* hereby notify that I am/we are* declining the purchase of the following goods:
Ordered on (date) * / received on (date) *
User Name (s):
User’s /Users’ address:
Signature of user (s) (only if this form is on paper):
* Unnecessary is deleted.
Annex 2 – Information on exercising the right of withdrawal from the contract
Standard denial guidelines:
I. Right of withdrawal from the distance or off-premises contract.
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.
To exercise your right of withdrawal, you must notify our company,
Po. Box 96,
GSM: 0877 003 124,
e-mail: email@example.com ,
about your decision to cancel the contract with an unequivocal application, such as a letter sent to our e-mail: firstname.lastname@example.org .
You can use the enclosed standard withdrawal form (Appendix 1, before this text), but this is not mandatory. If you use e-mail to send it, you will receive a confirmation as soon as possible.
In order to comply with the withdrawal period, it is sufficient to send your notice for exercising the right of withdrawal before the expiration of the withdrawal period.
IV. Effect of the Refusal.
If you opt out of this agreement, we will refund 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 provided by us) without undue delay, and in any case not later than 14 days from the date you inform us of your decision to renounce this Agreement. We will perform the refund using the same payment you used in your initial transaction unless you explicitly agree otherwise; 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.
We expect you to send us or return your goods back to your account without undue delay and in any case not later than 14 days after the day you informed us of your refusal of this contract.
The deadline is considered to be met if you send us the goods back before the 14-day period expires.
Please note that the right of withdrawal does not apply if the User makes the products unusable, aesthetically unsuitable for sale or dangerous to use, due to testing of the goods other than that, which is necessary to establish the nature, the characteristics and the good functioning of the goods. Please read our Terms and Conditions, starting at the beginning of this page.