Art. 1. These general terms and conditions are intended to regulate the relations between ET Militsa Lazarova – 90, town of Slavyanovo, 2 Asen Zlatarev Str., hereinafter referred to as PROVIDER, and the customers, hereinafter referred to as the USERS of the online shop www.lazarova.bg, hereinafter referred to as E-SHOP.
ІІ. PROVIDER DATA
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Provider name:
2. Registered office and address of management
3. Address of the activity
4. Correspondence data:
5. Entry in public registers: UIC
6. Certificate number for personal data controller
(1) Commission for Personal Data Protection
III. FEATURES OF THE E-SHOP
Art. 3. The e-shop is available at the following Internet address: www.lazarova.bg, 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 review 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 E-SHOP web page available on the Internet
3. To conclude contracts for purchase and sale and delivery of 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 products offered by the E-SHOP
6. To review the goods, their features, prices and delivery conditions
7. To be informed about the rights arising from the law mainly through the interface of the E-SHOP page on the Internet
8. To exercise the right of withdrawal from the contract concluded at a distance, for the goods offered by the Provider, for which the right of withdrawal is applicable
Art. 4. The Provider delivers the goods and guarantees the rights of the Users provided by law, in the spirit of good faith, the adopted criteria and conditions of practice, the Consumer or Commercial law.
Art. 5. (1) The users enter into a contract for the sale of goods offered by the E-SHOP through the interface of the Provider, available on its website or other means of distance communication.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Provider undertakes to deliver and transfer the ownership to the User over the goods determined by him/her through the interface.
(3) The Users pay the Provider a remuneration for the delivered goods in accordance with the conditions set out in the E-SHOP and these general term and 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 set by the Provider on the e-shop website in accordance with these general terms conditions.
(5) The price for delivery is 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 performance 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 when registering, if the User has entered the appropriate username and password.
IV. USE OF E-SHOP
Art. 7. (1) In order to use the E-SHOP for concluding contracts for the sale of goods, the User should enter his/her chosen username and password for remote access, in cases where the e-shop requires a registration.
(2)The username and password for remote access are determined by the User by registering electronically on the website of the Provider.
(3) By filling in his/her data and pressing the buttons “Yes, I accept” or “Registration”, the User declares that he/she is familiar with these general terms and 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 sent. The User confirms the registration and the conclusion of the contract by electronic reference in the letter notifying him/her of the registration sent by the Provider. After the confirmation, an account of the User is created and a contractual relationship arises between him/her and the Provider.
(5) Upon registration, the User undertakes to provide accurate and up-to-date data. The user promptly updates the data specified in his/her registration in case of a change.
(6) In order to use the full functionality of the e-shop of the Provider, the User undertakes to register on the website of the e-shop. The Provider is not responsible if due to lack of registration the User could not use the full functionality of the e-shop, including in terms of exercising the rights under the contract, the ability to claim a lower price and other similar features.
(7) These general terms and conditions can be accepted by the Users also without registration in the E-SHOP through an explicit statement of intent, including through the website of the E-SHOP.
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 the exchange of statements between the User and the Provider, is a the “Primary e-mail address” within the meaning of these general terms and conditions. The user has the right to change his/her Primary contact email address.
(2) Upon receipt of a request for change of the Primary contact e-mail address, the Provider sends a request to confirm the change. The confirmation request is sent by the Provider to the new Primary contact e-mail address specified by the User.
(3) The change of the Primary contact e-mail address is made after confirmation by the User, expressed through a link contained in the request for confirmation sent by the Provider to the new Primary contact e-mail address specified by the User.
(4) The Provider informs the User about the change, by e-mail sent to the Primary contact e-mail address specified by the User before making the change under para. 2.
(5) The Provider is not responsible to the User for illegal change of the Primary contact e-mail address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
Art. 9. (1) The Users mainly use the interface of the Provider’s website to enter into contracts for the sale of goods offered by the Provider in the E-SHOP.
(2) The contract is concluded in Bulgarian.
(3) The contract between the Provider and the User is the current general terms and conditions available on the E-SHOP website.
(4) The party to the contract with the Provider is the User according to the data provided during registration and contained in the personal profile of the User. For the avoidance of a doubt, these are the data with which the account with the Provider has been created.
(5) The Provider includes in the interface of its website, technical means for detecting and correcting errors in entering information before making the statement for the conclusion of the contract.
(6) This contract is considered concluded from the moment of registration of the User or by the acceptance of the general terms and conditions in another explicit way, including through a statement on the website of the Provider. The contract for purchase and sale of goods is considered concluded from the moment of its requesting 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 explicitly notifies 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 Provider 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.
Art.10. (1) The Users conclude the contract for purchase and sale with the Provider according to the following procedure:
Registration in the E-SHOP and providing the necessary data, if the User has not yet registered in the E-SHOP or by ordering goods without a registration.
Logging in the ordering system of the E-SHOP by identifying with a username and password and another way of identification
Select one or more of the goods offered in the E-SHOP and add them to the list of goods /shopping cart/ for purchase.
Providing data for the delivery
Choosing a method and time to pay the price.
(2) The Users can conclude a contract for purchase and sale with the Provider without a registration, using the relevant functionality in the interface of the e-shop
VI. SPECIAL OBLIGATIONS OF THE PROVIDER. USER 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 Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
Art. 12. (1) The main characteristics of the goods offered by the Provider are defined in the profile of each product on the E-SHOP web site.
(2) The price of the goods including all taxes is determined by the Provider in the profile of each product on the website of the E-SHOP.
(3) The value of postage and transport costs not included in the price of the goods is determined by the Provider and is provided as an information to the Users in one of the following moments before the conclusion of the contract:
– In the profile of each of the goods on the E-SHOP website of the Provider
– When choosing the goods for concluding the contract of sale
(4) The method of payment, delivery and performance of the contract are determined in these general terms and conditions, as well as in the information provided to the User on the website of the Provider.
(5) The information provided to the Users under this article is current at the time of its visualization on the website of the Provider before the conclusion of the contract of sale.
(6) The Provider must specify the conditions for delivery of particular goods on its website.
(7) Prior to concluding the contract, the Provider shall indicate the total value of the contract for all goods contained therein.
(8) The Users agree that all information required by the Consumer Protection Act may be provided through the interface of the E-SHOP platform or by e-mail.
Art. 13. (1) The user agrees that the Provider has the right to accept an advance payment for contracts concluded with the user for the sale of goods and their delivery.
(2) The User chooses independently whether to pay the Provider the price for delivery of the goods before or at the time of delivery.
Art. 14. (1) The user has the right, without paying a compensation or a penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods through the unified withdrawal form available on the website of the Provider. Information on exercising the right of withdrawal is available on the website of the Provider. The Users can also use another unambiguous statement, which can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 shall not apply in the following cases:
1. for delivery of goods according to the order of the user or according to his/her individual requirements
2. for the delivery of goods which, by their nature, may deteriorate or have a short shelf life
3. for the delivery of sealed goods which are unsealed after the delivery and cannot be returned for reasons of hygiene or health protection
4. for the delivery of goods which, having been delivered and, by their nature, have mixed with other goods from which they cannot be separated
5. for the delivery of sealed sound or video recordings or sealed computer software which are unpacked after their delivery
6. for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications
(3) When the Provider has not fulfilled its obligations to provide information specified in the Consumer Protection Act, the User has the right to withdraw from the contract within one year and 14 days from the date of receipt of the goods. When the information is provided to the user within the withdrawal period, it shall run from the date of its provision. The user has the right to send the statement of withdrawal under this article directly to the Provider through the unified withdrawal form available on the Provider’s website.
(4) When the User has exercised his/her right to refuse the contract from a distance or off-premises contract, the Provider shall reimburse all amounts received by the User, including delivery costs, without undue delay and no later than 14 days from the date of which has been notified of the User’s decision to withdraw from the contract. The Provider shall refund the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressly agreed to use another method of payment and provided that this does not involve costs for the User.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods are at the expense of the user and the cost of returning the goods is deducted from the amount paid by the user under the contract. The Provider 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 Provider.
(6) The User undertakes to store the goods received by the Provider and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his/her right to withdraw from the contract with the Provider by sending a written statement to the Provider through the standard form for withdrawal from the contract, available on the E-SHOP website.
(8) Where the Provider has not offered to collect the goods himself/herself, he/she may withhold the payment to the user until he/she receives the goods or until the User provides proof that he/she has sent the goods back, whichever occurs first.
Art. 15. (1) The delivery term of the goods and the starting point from which it runs is determined for each product separately when concluding the contract with the User through the website of the Provider, unless the goods are ordered in a single delivery.
(2) In case the User and the Provider have not set a delivery time, the delivery time of the goods is 30 working days from the date following the date of sending of the user’s order to the Provider through the e-shop website.
(3) If the Provider is unable to perform the contract due to the fact that he/she does not have the ordered goods, he/she is obliged to notify the User and refund the amounts paid by him/her.
Art. 16. (1) The Provider delivers the goods to the user after certifying the fulfillment of the requirements for providing information to the user according to the Consumer Protection Act.
(2) The User and the Provider 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 shall be complied with if the certification has been performed by a person for whom, according to the circumstances, it can be concluded that he/she will transmit the information to the user – a party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Provider delivers and provides the goods to the User within the term specified at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery by the Provider and if it does not meet the requirements to notify the Provider immediately.
VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The Provider takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(2) In order to ensure the security of the personal data of the Users, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(4) The Users agree that the Provider has the right to process their personal data necessary for the execution of orders in the e-shop and the execution of the contract.
Art. 20. (1) At any time, the Provider has the right to require the User to identify himself/herself 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/her username and password, the Provider has the right to apply the announced Procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify in an appropriate manner all Users who have a registration.
(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective for the User after its explicit notification by the Provider and if the User does not state within 30 days that he/she rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these general terms and 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/her.
Art. 22. The Provider publishes these general terms and conditions on its website together with all additions and amendments thereto.
Art. 23. These general terms and conditions and the User’s contract 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 agreement of the parties in writing
unilaterally, with a notice from each party in case of default of the other party
in case of objective inability 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 E-SHOP site. 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 refusal according to art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for delivery of the respective ordered goods is terminated, if the right of withdrawal from the contract is applicable to the respective category of goods.
XI. OTHER CONDITIONS
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 it.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.