Art. 1. The present general conditions are intended for regulation of the relations between Optimist 1 EOOD, ADDRESS Sofia, zh.k. Slatina, 25-27 Zhivko Nikolov Str., UIC 131291505 represented by Petar Keremidchiev, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-shop "theworldofwhisky.com" hereinafter referred to as ELECTRONIC MAGNA.
ІІ. SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: Optimist 1 EOOD
2. Headquarters and address of management: Sofia, zh.k. Slatina, 25-27 Zhivko Nikolov Street
3. Address for exercising the activity: Sofia, 7 Iskarsko Shosse Blvd., Europa Shopping Center, building 15
4. Correspondence details:. Sofia, zh.k. Slatina, 25-27 Zhivko Nikolov Street
5. Entry in public registers: UIC 131291505
6. Certificate number for personal data controller № 121709
(1) Commission for Personal Data Protection
Address: Sofia, 15 Ivan Evstatiev Geshov Str., Tel .: (02) 940 20 46
fax: (02) 940 36 40
Email: [email protected], [email protected]
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floor, tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
III. CHARACTERISTICS OF E-SHOP
Art. 3. E-SHOP is an e-shop, available at the Internet address theworldofwhisky.com, through which Users have the opportunity to enter into contracts for the sale and delivery of goods offered by the E-SHOP, including the following:
1. To register and create a profile for viewing the E-SHOP and use the additional services to provide information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the E-SHOP through the interface of the page of the E-SHOP, available on the Internet;
3. To conclude contracts for purchase and sale and delivery of the goods offered by the E-SHOP;
4. To make any payments in connection with the concluded contracts with the E-SHOP, according to the payment methods maintained by the E-SHOP.
5. To receive information about new goods offered by the E-SHOP;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be notified of the rights arising from the law mainly through the interface of the E-SHOP website.
Art. 4. 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.
Art. 5. (1) Users enter into a contract for purchase and sale of goods offered by the E-SHOP through the interface of the Provider, available on its website at theworldofwhisky.com or other means of distance communication.
(2) By virtue of the contract concluded with the Users for purchase and sale of goods, the Provider is obliged to deliver and transfer the ownership of the User to the goods determined by him through the interface.
(3) The Users pay to the Supplier remuneration for the delivered goods according to the conditions, determined on E-SHOP and the present general conditions. The remuneration is in the amount of the price announced by the Provider at the address of the E-SHOP on the Internet.
(4) The Provider delivers the goods ordered by the Users within the terms and under the conditions determined by the Provider on the website of the e-shop and according to the present general conditions.
(5) The price for the delivery shall be determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and execution of the contract of sale may be made electronically and through 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 the Users of the site are made by the persons specified in the data provided by the User upon registration, if the User has entered the respective name and password for access.
IV. USE OF E-SHOP
Art. 7. (1) In order to use the E-SHOP for concluding contracts for purchase and sale of goods, the User should enter his chosen name and password for remote access, in cases where the e-shop requires registration.
(2) The name and the password for remote access are determined by the User by registering electronically on the website of the Provider (3) By filling in his data and pressing the buttons "Yes, I accept" and "Registration", the User declares that is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information for activating the registration is also sent. The Recipient confirms the registration and conclusion of the contract by electronic reference in the letter notifying him of the registration sent by the Provider. After the confirmation, an account of the User is created and a contractual relationship arises between him and the Provider.
(5) Upon registration, the User is obliged to provide accurate and up-to-date data. The user promptly updates the data specified in his registration in case of change.
(6) In case a profile in web social networks or other networks is used for registration of the User, a party to the contract is the person who is the holder of the profile used for registration in the respective social or other network. In this case, the Provider has the right to access the data necessary to identify the User in the relevant social or other network.
Art. 8. (1) The e-mail address provided during the initial registration of the User, as well as any subsequent e-mail address used for exchange of statements between the User and the Provider, is "Primary e-mail address" within the meaning of these general conditions. The user has the right to change his Primary contact email address.
(2) Upon receipt of a request for change of the Main contact e-mail address, the Provider shall send a request for confirmation of the change. The request for confirmation is sent by the Provider to the new Main contact e-mail address specified by the User.
(3) The change of the Main contact e-mail address is made after confirmation by the User, expressed by a reference contained in the request for confirmation, sent by the Provider to the new Main contact e-mail address indicated by the User.
(4) The Provider informs the User about the made change, by e-mail, sent to the Main contact e-mail address indicated by the User before making the change under para.
(5) The Provider shall not be liable to the User for illegal change of the Main contact e-mail address.
(6) The Provider may require from the User the use of the Main contact e-mail address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AGREEMENT
Art. 9. (1) The users mainly use the interface of the Provider's page in order to conclude contracts for purchase and sale of the goods offered by the Provider in the E-SHOP.
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User represents the present general conditions, available at theworldofwhisky.com
(4) A party to the contract with the Provider is the User according to the data provided during the registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data with which an account has been created with the Provider.
(5) The provider shall include in the interface of its website, technical means for establishing and correcting errors in the input of information, before the statement for concluding the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Provider. The contract for purchase and sale of goods is considered concluded from the moment of its application by the User through the interface of the Provider. (7) For the conclusion of this contract and for the conclusion of the contract for purchase and sale of goods, the Provider shall explicitly notify the User in an appropriate manner by electronic means.
(8) The statement for concluding the contract and the confirmation for its receipt shall be considered received when their addressees have an opportunity for access to them.
(9) The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data indicated by the Users are incorrect or misleading.
Art. 10. The Users conclude the contract of sale with the Provider according to the following procedure:
(1) Carrying out registration in the E-SHOP and providing the necessary data, if the User has not yet registered in the E-SHOP;
(2) Entering the system for placing orders in the E-SHOP by identifying with a name and password;
(3) Selecting one or more of the goods offered on the E-SHOP and adding them to
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this section VI of these general terms and conditions apply to Users for whom, according to the data specified for the conclusion of the contract of sale or registration in the E-SHOP, it can be concluded that they are users within the meaning of the Act. on consumer protection, the Electronic Commerce Act and / or Directive 97/7 / EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the site of the E-SHOP.
(2) The price of the goods including all taxes is determined by the Supplier in the profile of each product on the site of the E-SHOP.
(3) The value of the postage and transport costs, not included in the price of the goods, shall be determined by the Provider and shall be provided as information to the Users in one of the following moments before concluding the contract:
In the profile of each of the goods on the website of the E-SHOP Provider;
When choosing the goods for concluding the contract of sale;
(4) The manner of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the website of the Provider.
(5) The information provided to the Users under this article is up-to-date at the time of its visualization on the website of the E-SHOP Provider before the conclusion of the sales contract.
(6) The supplier must indicate the conditions for delivery of the individual goods on the site of the E-SHOP.
(7) The supplier shall indicate before the conclusion of the contract the total value of the order for all goods contained therein.
Art. 13. (1) The consumer agrees that the Supplier has the right to accept advance payment for the concluded with the consumer contracts for purchase and sale of goods and their delivery.
(2) The consumer chooses independently whether to pay the Supplier the price to deliver the goods before or at the time of delivery.
Art. 14. (1) The consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the concluded contract within 7 working days, as of the date of receipt of the goods.
(2) The right of refusal under para. 1 shall not apply in the following cases:
for delivery of goods and provision of services, the price of which depends on the fluctuations of the financial markets, which the Provider is not able to control;
for delivery of goods made according to the requirements of the consumer or by his individual order;
for the supply of goods which, by their nature, are necessary or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetics;
for delivery of audio and video recordings or software products printed by the user;
for delivery of newspapers, magazines and other periodicals;
(3) When the Provider has not fulfilled its obligations for providing information, determined in art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the contract within three months from the date of receipt of the goods. Where the information referred to in this paragraph is provided to the consumer within the withdrawal period, it shall run from the date of its provision.
(4) In case the consumer exercises his right of refusal under para. 1, the Provider shall be obliged to reimburse him in full the amounts paid by the consumer not later than 30 calendar days from the date on which the consumer has exercised his right to withdraw from the concluded contract. From the amount paid by the consumer under the contract, the costs of returning the goods are deducted, unless the consumer has returned the goods at his own expense and has notified the Supplier.
(5) The consumer is obliged to store the goods received from the Supplier, their quality and safety during the term under para. 1.
Art. 15. (1) The term of delivery of the goods and the initial moment from which it runs is determined for each product separately when concluding the contract with the consumer through the site of the Supplier of E-SHOP, unless the goods are ordered in one delivery.
(2) In case the consumer and the Supplier have not set a delivery time, the delivery time of the goods is 30 working days from the date following the sending of the consumer's order to the Supplier through the Supplier's website E-SHOP.
(3) If the Supplier cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the consumer and to refund the amounts paid by him within 30 working days from the date on which the Supplier should have fulfill its obligation under the contract.
(4) In the cases under par. 3, The supplier has the right to deliver to the consumer goods of the same quality and price. The provider notifies the consumer electronically of the change in the performance of the contract.
(5) In case of exercising the right of withdrawal from the supply contract under para. 4, the costs of returning the goods are at the expense of the Supplier.
Art. 16. (1) The supplier shall hand over the goods to the consumer after certifying the fulfillment of the requirements and the existence of the circumstances under art. 61 of 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 handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under para. 1 and Art. 61 of the Consumer Protection Act will be observed if the certification is performed by a person for whom, according to the circumstances, it can be concluded that he will transmit the information to the consumer - party to the contract.
VII. OTHER TERMS
Art. 17. (1) The Supplier shall deliver and hand over the goods to the User within the term determined at the conclusion of the contract.
(2) If the term under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier shall deliver and deliver the goods within a reasonable time, but not later than 2 months.
Art. 18. The User must inspect the goods at the time of delivery and delivery by the Supplier and if it does not meet the requirements to notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider shall take measures for protection of the personal data of the User according to the Personal Data Protection Act.
(2) For reasons of security of the personal data of the Users, the Provider will send the data only to the e-mail address, which was indicated by the Users at the moment of registration.
Art. 20. (1) At any time, the Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) In case for any reason the User has forgotten or lost his name and password, the Provider has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at theworldofwhisky.com
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 21. (1) These general terms and conditions may be amended by the Provider, for which the latter will notify in an appropriate manner all Users of the E-SHOP who have registration.
(2) The Provider and the User agree that any supplementation and amendment of these general terms and conditions will have effect on the User after his explicit notification by the Provider and if the User does not state within 14 days that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.
Art. 22. The Provider publishes these general terms and conditions on theworldofwhisky.com together with all additions and amendments thereto.
Art. 23. The present general conditions and the contract of the User with the Provider are terminated in the following cases:
upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
by mutual consent of the parties in writing;
unilaterally, with notice from each of the parties in case of non-fulfillment of the obligations of the other party;
in case of objective impossibility of any of the parties to the contract to perform its obligations;
in case of seizure or sealing of the equipment by state bodies;
in case of deletion of the User's registration on the site of the E-SHOP. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;
in case of exercising the right of withdrawal according to art. 55, para. 1 of the Consumer Protection Act.
XII. OTHER TERMS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.
Art. 27. These general terms and conditions enter into force for all Users of the E-SHOP.