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By visiting and registering on the Website www.stroitelnimateriali.bg you declare that you understand and agree to be bound by these Terms and Conditions and confirm your consent to use the Website in a manner consistent with all requirements of the Terms and Conditions, the Laws of the Republic of Bulgaria and European Community Law
.General Terms and Conditions of Distance Purchase Contracts within the meaning of the Consumer Protection Act "TEMIRA" Ltd, UIC 121536568, with its registered office and registered address in Sofia, Iskar District, 3 Captain Simeon Petrov Street, hereinafter referred to as the SUPPLIER, on the one hand,
and
on the other hand, the person who has agreed to these General Terms and Conditions, hereinafter referred to as the USER, in connection with the ordering and purchase of the goods offered through the e-shop www.stroitelnimateriali.bg.
A website is a collection of web pages, with a common header web page, which loads in your browser when you type in the email address www.stroitelnimateriali.bg
"Website/Site" means a distinct location on the World Wide Web accessible by its Uniform Resource Locator (URL) via HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
A "web page" is a component and distinct part of a website.
www.stritelnimateriali.bg is an e-commerce website - for distance sales of goods that are delivered upon the User's explicit request.
"User" is a natural person , over 18 years of age, or a legal person who is registered in the Republic of Bulgaria and has agreed to these Terms and Conditions.
"User Profile" is a separate part of the website containing information about the User, provided by the User upon registration and stored by www.stroitelnimateriali.bg, access to the User Profile is made by entering a username and password. The user profile allows the User to view and edit the data entered at registration, the entries in the address book, to access information about all their requests for the purchase of goods from the e-commerce store www.stroitelnimateriali.bg to change their access password, to subscribe, respectively unsubscribe, to receive newsletters, etc.
"Username" is a unique code of letters and/or numbers ( his current email address ) chosen by the User, by means of which he is individualized in www.stroitelnimateriali.bg.
"Password" is a set of characters chosen by the User, which, together with the User's name, individualizes the User and provides the User with the ability to make valid requests to purchase the services offered on www.stritelnimateriali.bg.
"Newsletter/e-newsletter" ("newsletter") is a regularly distributed publication concerning topics that may be of interest to the subscriber in receiving the publication.
"Packaging" means containers and any other devices or materials that are capable of performing the function of containing and storing various goods offered directly to the User.
"Selling Price" means the final price per unit or per quantity of a good or service, inclusive of value added tax and all additional taxes and charges. The "selling price" does not include delivery costs.
'Contingency' means a circumstance of an exceptional nature unforeseen at the time of conclusion of the contract which makes its performance objectively impossible.
'Electronic link' means a link identified on a particular web page that allows automated reference to another web page, information resource or object through standardised protocols.
'Information System/System' means any device or set of interconnected or similar devices which, in the execution of a program, provides, or one element of which provides, automatic data processing.
"IP Address" ("IP Address" ) is a unique identification number that associates a computer, web page or resource with a User in a manner that allows it to be located on the World Wide Web.
"Commercial Communications" means advertising or other communications directly or indirectly representing the goods, services or reputation of a person carrying on a trade or business or a regulated profession.
'Misconduct' means acts or omissions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, sending unsolicited mail (unsolicited commercial messages, spam, junk mail), flooding, gaining access to resources with someone else's rights and passwords, exploiting flaws in systems for personal gain or to obtain information (hack), engaging in conduct that may be classified as industrial espionage or sabotage, damaging or destroying systems or information arrays (crack), sending "Trojan horses" or causing the installation of viruses or remote control systems, interfering with the normal operation of other users or the Internet and associated networks, committing any act that may qualify as a criminal offence or administrative offence under Bulgarian law or other applicable law.
1. Obligations of the Supplier
The Supplier shall:
(a) Specify the main characteristics of the goods offered;
b) Transfer to the User the ownership of the goods requested for purchase;
c) Deliver the goods ordered for purchase in due time;
d) Provide warranty coverage for the goods it offers in accordance with the Digital Content and Digital Services and Sale of Goods Sold to Individual Consumers Act. The warranty is void in the event of damage caused by improper storage, maintenance or operation of the purchased products, as well as in the event of attempted repair by CLenta and/or any other unauthorized person;
e) To exercise due diligence in the performance of its obligations;
f) Comply with these General Terms and Conditions, Internet etiquette, and the rules of morality and good manners.
2. Rights of the supplier
The Supplier has the right to:
a) To send commercial messages to the User in order to offer information and/or advertisements concerning its own or other traders' goods and/or services, as well as to make inquiries on various matters, conduct surveys, etc. In these cases, the Provider shall clearly and unambiguously ensure that the communication is recognized as commercial within the meaning of Article 5 of the E-Commerce Act;
b) To place electronic links to other Internet pages and resources and advertising banners for the sale of goods and provision of services by third parties, including to sites not under the control of the Provider.
1. Obligations of the User
The User shall:
(a) Faithfully complete the online registration form located on this website;
b) Provide accurate and valid details, delivery address, contact telephone number, e-mail address for correspondence, etc.;
c) In the event of any changes to the above details, to update their Customer Profile promptly but no later than 7 days from the occurrence of the relevant change;
d) To take all reasonable care to protect his password and not to make it available to third parties. In the event of unauthorised access to his Customer Account, the User shall notify the Provider immediately;
e) Not to submit fictitious and/or invalid requests;
f) To pay the Final Sale Price, including the aforementioned definition all data, fees, and costs of delivery of the respective goods;
g) To provide a dock and an opportunity to receive the goods and to receive the same;
h) Not to act in Bad Faith within the meaning of these Terms and Conditions.
2. Rights of the User
The User has the right:
(a) To access, correct and remove the personal data entered;
b) To withdraw from the goods requested for purchase in the cases prescribed by the Consumer Protection Act.
1. The Supplier publishes at www.stroitelnimateriali.bg:
- a description of the main characteristics and an image of each product, in accordance with the information provided by the manufacturer;
- the selling price, including VAT, and a tariff for the cost of postage, courier or transport costs not included in the price of the goods relating to their delivery;
- information on the methods of payment, delivery and performance of the contract;
- details of the guarantees provided;
- the right of the User and the conditions and means of its settlement to withdraw from the contract and the conditions under which the goods may be returned, except in cases under the Consumer Protection Act;
- the period for which the offer made and the price remain valid;
- the minimum duration of the contract, in the case of contracts for the continuous or periodic supply of goods or services;
- any other information that the supplier is obliged under Bulgarian law to provide to the User in a timely manner before the purchase of the goods by the User.
2. Purchase order
The User completes the provided electronic form for the purchase of goods, after expressly agreeing to these Terms and Conditions, as well as entering a valid username and password, precisely adhering to the specified technical steps for the conclusion of the contract.
The technical steps include the following sequential operations:
- Determination of the type and quantity of the goods and confirmation of the order by pressing the corresponding button marked opposite the goods;
- Review of the entered information about the desired goods and the specified data of the User with the possibility of making corrections;
- Selecting the desired payment method;
- Final binding confirmation of the order.
In the event of an incorrect or inaccurate delivery address and/or contact telephone number being provided, the order shall be deemed invalid and the Supplier shall not be bound by any obligation to fulfil the order.
3. Acceptance of order
3.1. Acknowledgement of receipt of order
The Provider shall acknowledge receipt of the request by sending an e-mail message to the e-mail correspondence address provided by the User. In the acknowledgement of receipt of the order, the Supplier shall indicate the following information: the main characteristics of the goods ordered, the
Selling Price including VAT, the Total Selling Price including any additional postage, transport and other charges and costs associated with the delivery of the goods, information on the methods of payment, delivery and performance of the contract, the period for which the offer or price made remains valid, details of the guarantees provided, as well as the rights of the User, who is covered by the definition of "consumer" within the meaning of the Act 1 in conjunction with Art. 52 par. 1 of the Consumer Protection Act.
The written form shall be deemed to have been complied with by sending an e-mail with content to be completed by the Supplier or the Customer, as long as the statement is technically recorded in a way that makes it possible to reproduce it.
3.2. Confirmation of contract conclusion
The order becomes effective between the parties after verification of the availability of the purchase order goods and after confirmation of its validity at the e-mail address for correspondence indicated by the User.
4. Payment
4.1. Price
All prices are in Bulgarian levs, including VAT. The prices quoted for individual goods are for the respective quantity and do not include delivery costs.
4.2 Payment methods
The price under the previous article and the delivery costs may be paid by any of the following methods: cash on delivery, bank transfer or any other method agreed between the User and the Representative of the e-shop www.stroitelnimateriali.com, and the User undertakes to pay the purchase price of the goods purchased by him, as well as the postage, courier or transport costs not included in this price, related to its delivery.
5. Delivery
The goods ordered for purchase shall be delivered with appropriate packaging and transport to the address specified by the user. The delivery period is not more than 30 days, unless the Representative of the e-shop www.stroitelnimateriali.com and the User have agreed on another period.
When the Supplier is unable to fulfil his obligations under the concluded contract due to the fact that he does not have the ordered goods, he is obliged to notify the Customer and refund the amounts paid by the latter within 7 days from the date on which the Supplier should have fulfilled his obligation under the contract.
6. Delivery of the goods
The Goods shall be handed over to the User or to a third party who accepts and acknowledges receipt of the same on behalf of the User.
The User or a third party must inspect the goods at the time of delivery and handover by the Courier and, if the goods do not conform to the order, notify the Supplier without delay.
If the Consumer fails to notify the Supplier in accordance with the preceding sentence, the goods shall be deemed to be approved as conforming except for latent defects. For Users having the status of "consumer" within the meaning of the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods ( any natural person who, in connection with contracts for the provision of digital content and digital services and contracts for the sale of goods, acts outside the scope of his trade or business, craft or profession), the provisions and time limits regulated in the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods shall apply.
Upon delivery of the goods, the User or a third party shall sign the documents accompanying the goods.
In the event that the User is not found within the delivery period at the address indicated by the User or access and conditions for delivery of the goods are not provided within this period, the Supplier shall be released from its obligation to deliver the goods requested for purchase. The User may reiterate his/her wish to receive the goods after the expiry of the delivery period in which he/she was not found at the address, bearing all delivery costs. In this case, a new delivery period starts accordingly from the moment of the request under the previous sentence.
Any consumer within the meaning of the Consumer Protection Act (any natural person who acquires goods or uses services that are not intended for the performance of a commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside the scope of his commercial or professional activity) has the right to withdraw from the goods ordered from the online store www.stroitelnimateriali.bg within 14 working days from the date on which the consumer or a third party other than the carrier and designated by him, has entered the The preceding sentence shall not apply to the delivery of goods made to the consumer's order or according to his individual requirements.
If the consumer exercises his right under Article 55 of the CPA, he should send an application for withdrawal ( see below ) and return the goods within 14 days after the stated desire to withdraw from the contract under the above conditions, together with all accompanying documents (certifying payment under the contract) to the following address: Sofia, district Iskar, Captain Simeon Petrov street № 3 with the recipient "TEMIRA" Ltd.
"TEMIRA" Ltd. undertakes to reimburse the amounts paid by the consumer within 14 days from the date on which he was notified of the consumer's decision to withdraw from the contract, including the costs of delivery ( except for additional costs associated with a delivery method chosen by the consumer other than the cheapest standard delivery method offered by us ). "TEMIRA Ltd shall have the right to delay the refund of payments until the goods have been received back or until proof has been provided that the goods have been sent back, whichever is the earlier. The transport costs for the return of the goods shall be borne by the consumer. On the basis of Article 55 paragraph 4 of the Consumer Protection Act, the Supplier is entitled to refund the Consumer the reduced value of the purchased goods. The Supplier is entitled to deduct up to 60% of the amount paid and to refund the Consumer the remaining value when the goods are in poor commercial condition ( damaged, incomplete or missing packaging / when the goods have signs of wear or are incomplete set / missing accessories ).
All goods offered for sale by TEMIRA Ltd. to persons having the status of consumer pursuant to §6, item 6 of the Additional Provisions of the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods (any natural person who, in connection with contracts for the provision of digital content and digital services and contracts for the sale of goods acts outside the scope of his trade or business, trade or profession), are covered by a two-year statutory warranty, within the meaning of Article 31 of the CPSCUA.
In the event that you are a consumer in accordance with these provisions and a consumer product purchased by you suffers from a manufacturing defect within the statutory two-year warranty period, you have the right to make a claim. The claim can be made by contacting TEMIRA Ltd., at one of our sales outlets, at our management address or by email: [email protected]. It is important that you specify the type of defect accurately and clearly and send us the product so that we can examine and satisfy your claim within one month. When submitting a claim, the consumer shall indicate the subject of the claim, his/her preferred method of settling the claim, respectively the amount claimed, and the address, telephone number and email for contact. When submitting a claim, the consumer must also attach the documents on which the claim is based, namely: a receipt or invoice; protocols, acts or other documents establishing the non-conformity of the goods with the contract; other documents establishing the claim in terms of its basis and amount.
1. The Supplier is a personal data controller and takes all measures to protect the personal data of users in accordance with the Personal Data Protection Act and applicable European data protection legislation including but not limited to Regulation (EU) 2016/679 ("GDPR").
2. For reasons of security of users' personal data, the Provider will only send the data to the e-mail address that was provided by the respective user at the time of registration.
3. The Supplier adopts and publishes on its website a Privacy Policy, which describes the way in which the Supplier processes personal data.
4. At any time, the Provider shall have the right to require the User to identify himself and establish the veracity of any of the circumstances and personal data declared at the time of registration.
5. In the event that for any reason the User has forgotten or lost his/her username and password, the User shall follow the steps set out on the website : www.stroitelnimateriali.bg.
The Supplier keeps the information on the Virtual Shop page always correct and up-to-date, but does not claim its completeness and reliability.
The Provider assumes no liability for failure to perform its obligations under this Agreement in the event of circumstances which the Provider did not foresee and was not obliged to foresee - including but not limited to cases of force majeure, fortuitous events, problems in the global network of the Internet and in the provision of services beyond the control of the Provider.
The Provider does not guarantee uninterrupted, timely, secure and error-free access to the Virtual Shop to the extent that this is beyond the Provider's control and capability.
The Supplier shall not be liable for any damage caused to telecommunications facilities, software and hardware, or for any loss of data resulting from materials or resources used in any way through the www.stroitelnimateriali.bg website.
The provider is not obliged to monitor the information it stores, transmits or makes available in the provision of information society services, nor to seek facts and circumstances indicating the commission of wrongful acts.
He is not responsible for the unlawful nature of the content and material,
contained on the website and resources made available through the advertising banners and/or electronic links placed on the website www.stroitelnimateriali.bg, insofar as the Provider has no objective possibility and obligation to control the respective pages and resources.
The Customer may at any time request the Provider to delete the Customer's email profile.
In addition to the cases provided for in these Terms and Conditions, the Customer's customer profile shall be deleted in the event of any of the following circumstances:
- discontinuation of the Supplier's business;
- termination of the maintenance of the shop;
- in other cases provided for by law.
1. Additional conditions
These Terms and Conditions may be updated at any time without specific notice to Users. The Provider shall not be held liable if the User has not read the latest version of these Terms and Conditions in cases where it has been disclosed on the Provider's website: www.stroitelnimateriali.bg.
When using the services offered by the Provider, the User is obliged to comply with these General Terms and Conditions, as well as all other conditions set by the legislation of the Republic of Bulgaria and European Community legislation, even if not mentioned in these Terms and Conditions.
The contract between the parties shall also be terminated upon the occurrence of any of the following circumstances: discontinuation of the Provider's activity; discontinuation of the maintenance of the store; by giving one week's notice to the other party in the event of failure to perform its obligations under the contract or in other cases provided for by law.
The User shall indemnify the Provider and all third parties for all damages suffered and benefits lost, including any costs and attorneys' fees paid, damages paid, legal costs incurred as a result of claims brought by third parties in connection with the User's failure to perform its obligations under this contract, violation of Bulgarian law, applicable foreign laws, these General Terms and Conditions, good morals and/or Internet ethics. The User is also obliged to indemnify the Provider for any damage caused by third parties to whom he has provided his password, when using the same.
2. Partial invalidity
In the event that any of the provisions of this contract should prove or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions respectively. In such an event, the invalid or unenforceable clause shall be replaced by valid or enforceable clauses which will achieve to the maximum extent possible the business purpose of the contract and the true intention of the parties. The same applies to any gaps in the contract.
3. Dispute resolution
In the event of disputes arising out of or in connection with these Terms and Conditions, the parties undertake to endeavour to resolve them in a spirit of understanding and mutual compromise.
If the parties are unable to reach an agreement, the dispute between them shall be finally settled by the competent Bulgarian court.
4. Applicable law
The provisions of Bulgarian substantive law shall apply to all matters not covered by these Terms and Conditions.
5. Supervisory bodies
5.1. Data Protection Commission.
Address: Sofia 1592, 2 Tsvetan Lazarov Blvd., Information and Contact Centre - tel.02/91-53-518, Reception - working hours 9:00 - 17:00, E-mail: [email protected], Website: www.cpdp.bg.
5.2. Consumer Protection Commission.
Address: 1000 Vrabcha Str., 1, floors 3, 4 and 5, tel.: 02/9330565, fax: 02/9884218, hotline: 0700 111 22, Reception - working hours 9:00 - 17:30, E-mail: [email protected], Website: www.kzp.bg.