GENERAL TERMS AND CONDITIONS FOR THE INTERNET-SHOP Digit-2005 – OWNER of „DIGIT-2005“ ЕОOD
GENERAL TERMS AND CONDITIONS OF USE OF SERVICES OFFERED BY SELLER
Information about the organization – „DIGIT-2005“ ЕООD, UIC 103917628, Head Office- Bulgaria, Varna, 9 “Rajko Zhinzifov” str., Liable person– G. Angelov, Contact 0897/879060
I. GENERAL TERMS AND CONDITIONS
1. This document contains General terms and conditions according to which THE SELLER– DIGIT-2005 EOOD provides services to its consumers/clients through the Internet shop DIGIT-2005. These terms and conditions are valid for all consumers.
2. The identification of the consumer/client for the purpose of using his statement for both accepting the General terms and conditions and the order he has made, is done by means of the stored in a log files of the server of DIGIT-2005, stored IP, the address of the consumer/client as well as all kinds of other information.
3. The products on the Internet site of DIGIT-2005 are not a legally binding offer, but a demonstrative online catalogue describing the line of products of the seller.
4. After clicking Shop and then Continue shopping,, the consumers agree to buy the products in the cart. This is a binding activity. The client receives a confirmation of his order which is considered to be a signed contract.
5. THE SELLER reserves his right to cancel the delivery of a confirmed order in case the products are not available. If the ordered products are not available in stock, within the regular business hours of the week THE SELLER informs the consumer/client about the stock exhaust by sending a message to the e-mail address or calling the telephone number, given by The Client. If there is a bank transfer to the seller’s account, the client could choose among reimbursement, declining the order or having a substitution order.
6. For the other countries, with the exception of Bulgaria, the language of the contract is English and the payment currency is Euro plus VAT.
7. The consumer/client takes the whole risk of damaging/losing the product at the delivery. After a courier service takes charge of the product, THE SELLER is not liable for any risk which is taken by the consumer/client. THE SELLER is not liable for any delay if it is due to the courier or any other service.
8. Upon delivery the products must be examined carefully by the consumer/client or an authorized party. All kinds of damage must be reported to THE SELLER immediately. If there is damage due to the transportation of the product , THE SELLER is not liable for any guarantee service of the product. In case THE SELLER has given a written statement of the exact date and time of the delivery, the statement is binding. If the address, the contact person and/or the telephone number are not correctly given at the time of making the order, THE SELLER is not obligated in any way to process the order.
8а. Upon delivery of the product, the consumer/client or a third party signs the accompanying documents. A third party is considered to be the person who is not the application holder but receives the product at the given address. In case the product is refused to be accepted, except the cases mentioned below, the refusal is considered unfounded and The client has to pay for the expenses for the delivery and the return of the product. In case the Client cannot be found at the given address within the time the product should be delivered or there is no access and no conditions for its delivery within this time, THE SELLER is not obligated to deliver the product, ordered to be bought.
8б. When the delivered product is not the product The Client has ordered to buy, and this is visible at first examination, The client has the right to ask for a substitution corresponding to the product he has ordered to buy within 24 hours after he has received it.
III. GUARANTEE PERIOD
THE SELLER offers to his clients a guarantee document of the product which is bought if such a document is provided by the manufacturer of the product. The document contains: the address and telephone numbers of the authorized services for the purchased product, the guarantee terms and conditions of the respective service centers or manufacturers, the guarantee period of the product bought by the consumer/client.
9. The prices in the site not include wrapping and transport. Delivery is made within 10 to 15 working days after confirmation by email after placing an order, except in populated areas where this is not possible. If the products are sent out of the country, the consumer/client has to pay all the customs taxes and also the other expenses related to the export.
V. RIGHTS AND OBLIGATIONS OF THE CONSUMER/CLIENT
10. The consumer/client has the opportunity to browse and to order the products offered in the Internet shop DIGIT-2005 after registration or as a guest.
11. The consumer/client has the right to receive information on the status of his order.
12. The consumer/client is fully responsible for protecting his user name and password as well as for all activities, done by him or a third party related to using his user name and password. The user is obligated to inform THE SELLER immediately about every case of an illegal access by using his user name and password and also about the cases when such a danger exists.
13. The user is obligated to pay the price of his order in accordance with the method of payment, shown on the page of the site of DIGIT-2005.
14. Using the services, every user, no matter whether he is a client of THE SELLER is obligated:
• not to violate and respect the basic rights and liberties of the citizens and the rights of man according to the Constitution and the laws of The Republic of Bulgaria and the accepted international acts;
• not to discredit the others and not to instigate any violent change of the constitutionally established order, or the commitment of any crime, any human violence, or racial, national, ethnic and religious hostility;
• not to violate the rights of property and non-pecuniary rights, absolute and relative rights and interests such as the right of property, the right of intellectual property etc.
• to abide by the Bulgarian laws, the applicable foreign laws, the moral and ethics laws, the Internet ethics in suing the services provided by DIGIT-2005.
• to inform immediately THE SELLER about every case of a committed or found offense in using the provided services.
• not to load, send, transfer, distribute or use in any way or make available to a third party software, computer programs, files, applications, and other materials with computer viruses, systems for unauthorized remote control („Trojan horses“), computer codes, or materials intended to interrupt, hinder, disrupt and restrict the normal functioning of computer hardware and software or software and telecommunication devices or aiming at unauthorized hacking and accessing foreign resources or software;
• not to commit malicious actions;
• to compensate THE SELLER and all the third parties for all the damage and missed profits, including all kinds of expenses and paid lawyers’ fees, resulting from claims from and /or paid compensations to third parties in relation to Web pages, hyper-links, materials and information which the User has used, put on the server, sent, distributed , made available to third parties or The consumer/client has made accessible by means of /the name of the site in breach of the law, the General terms and conditions of this agreement or the Internet ethics;
14а. The client is obligated to give an exact and valid telephone number, address for delivery and an e-mail address, to pay the price of the product, to pay the expenses for the delivery, when and to provide an access and conditions for the reception of the product. Unless it is stated clearly that the delivery is free of charge, it should be paid.
VI. RIGHTS AND OBLIGATIONS OF THE SELLER
15. THE SELLER is not obligated and objectively able to control the way consumers use the provided services.
16. THE SELLER has the right, but not the obligation to keep preserve materials and information on the server of DIGIT-2005.
17. THE SELLER has the right at any time , without informing The Consume/client when the latter uses the services in breach of these terms and conditions as well as at the discretion of THE SELLER to terminate, to stop, or change the provided services related to using the site. THE SELLER is not liable before his consumers and third parties for occurred damage and missed profits, resulting from the termination, stopping, changing or restricting of the services, the deletion, modification, the loss, the inadequacy,the inaccuracy, the incompleteness of messages, materials and information, transferred, used, saved or made accessible by means of www.digit-2005.bg
17а.THE SELLER after receiving the payment is obligated to transfer to the consumer/client the ownership of the product, he has ordered to purchase, to deliver within the agreed period the ordered product, to check the good technical condition of very article before it is sent (in case that is possible without damaging the contents of the package).
18.THE SELLER is not liable for damage to the software, hardware or the telecommunication devices, or the data loss due to materials and resources, searched, loaded or used in any way by means of the provided services. The advice,consultations or the assistance by the specialists and executives of THE SELLER, related to the use of the services by the consumers does not lead to any liabilities and obligations for THE SELLER. The company is not liable for any inaccuracy of the information about the product given by the manufacturer.
19. THE SELLER has the right to collect and use information about his Consumers/clients no matter of they have registration.
20. The information mentioned in the article above can be used by THE SELLER, except in the case of an explicit disagreement on the part of The Consumer sent to the following address email@example.com. THE SELLER collects information to improve the provided services All the purposes, for which THE SELLER will use the information will be subject to the Bulgarian laws, the applicable international acts and the principles of morality.
21. THE SELLER is not liable for any failure to follow his obligations by virtue of this contract in the occurrence of circumstances which THE SELLER has not predicted and has not been obligated to predict – including accidents, problems in the global net of The Internet and the provision of services out f the control of THE SELLER
22. THE SELLER has the right to install cookies on the consumers computers. The cookies are text files which are kept by the Web page on the Consumer’s hard disc and allow the restoration of the information fro the Consumer by identifying and allowing the tracking of his actions, the Web pages, he visits, hyper-links, he uses, the information he uses and saves etc.
VII. PERSONAL DATA
23. THE SELLER guarantees to his Consumers/clients confidentiality of the provided information and personal data. The latter will not be used, made available or brought to the knowledge of third parties in cases and terms and conditions different from those written in this contract. THE SELLER protects the consumer’s/client’s personal data,which he has come to know from the completed electronic purchase order, the obligation is not valid in case The Client has given inaccurate personal data.
Abiding to the currently effective laws and the clauses of these General terms and conditions, THE SELLER can use the Client’s personal data only for the purposes,stated in this contract. All other purposes for which the data are used are subject to the Bulgarian legislature, the applicable international acts,the Internet ethics, the rules of the principles of morality.
23а. THE SELLER is obligated not to expose any personal data of The client to third parties – state bodies, trade companies, natural persons and others, except the cases when he has received the explicit written agreement of The Client, the information is demanded by state bodies or officials, which by virtue of the currently effective laws are authorized to demand and collect such information.
THE SELLER is obligated to provide the information by virtue of the law.
24. The General terms and conditions can be changed at any time by THE SELLER, who has also the right to change the characteristics of the provided services and the current General terms and conditions and by virtue of the changes of the laws. THE SELLER is obligated to inform the Consumer about the changes in The General terms and conditions by putting in an easily place of his Web page a message about the changes and allowing The Client enough time to read them. If the Consumer does not declare that he declines the changes within the allowed period of time, he is considered to be bound by them. In case that within the allowed period of time the Consumer declares that he does not agree with the changes, THE SELLER has the right to either stop or terminate the provision of the services to the Consumer.
25. “A User/client” is every person who has loaded DIGIT-2005 page on his computer.
26. “An Order” is the chosen products and all the other items related to the way of delivery and payment of the product by the client/user.
27. The Internet shop DIGIT-2005 is owned by THE SELLER.
28. All cases of disagreement between the parties are settled in a friendly manner and good will. If the parties do not reach an agreement, all unsettled disagreements, including disagreements, resulting from or referring to is interpretation,invalidity, non-performance or termination as well as disagreements for completing missing parts in the contract or its adjustment to newly occurred circumstances will be referred to The court upon the registration of THE SELLER, according to the Bulgarian laws.
X. REFUSAL OF AN ORDER AND PAYMENT OF SUMS PAID WITH A BANK CARD
29.When The Consumer receives the delivery, he has to examine its contents at the moment he receives it in the presence of the courier, and in case he detects any damage of the contents or missing parts, The Consumer has to inform us immediately at the telephone written on the tracking. If he fails to abide by this term, complaints about plant products and missing parts in the delivery will not be considered and hence answered.
Complaints are accepted up to 14 days from the date of the receipt of the product and this is possible only if the product and the package are not damaged. The price for the product return is paid by the client.
According to the law, the reimbursement will be done within 30 days (thirty) days from the date of the return/.
The reimbursement is ensured by ordering a revered operation of the bank account with which the payment is made within the period of 15 days.
In case of damage due to transportation, a record of findings is written in three copies which is signed by the Consumer and the courier.
If for some reason an article is sold to a client with a defect, which is not described in the product description or for some other serious reason, the substitution or the return of the product is paid by us.
Appendix № 6 of article. 47, paragraph 1, point. 8 and article.52, paragraph. 2 and 4 from the Consumer Protection law
STANDARD APPLICATION FOR EXERCISING THE RIGHT OF WITHDRAWAL
/name of the seller/
/address, UIC /
I hereby give notice that I withdraw from the contract I signed for the purchase of the following products/services:
…………………………………………………. /description of the product/
The product is ordered on ………………….
The product is received on …………………. /date of reception by the consumer/
………………………………………………………………………../Name of the consumer/
City./village……………………………………………………………. /Address of the consumer/
/Date/ /Signature of the consumer/
The Consumer has the right within a period of 14 days to withdraw unconditionally from the contract from a distance or from a contract outside the business premises without paying any expenses, except those for the delivery in case he has chosen a method of payment different from the standard cheapest method for the seller for the product delivery as well as the expenses for the product return.
The period of 14 days starts from the date of:
• signing the contract – in case of a contract for services;
• receiving the products by the consumer or by a third party different from the carrier
Within a period of 14 days after the stated desire for a withdrawal from the contract the consumer has to return the product to the seller. Within a period of 14 days from the date he has been informed about the decision of the consumer to withdraw from the contract, the seller reimburses all the money he has received from the consumer including the expenses for the delivery.
In case of failure to follow the General terms and conditions on the part of DIGIT-2005 ЕООD the consumers could contact:
1. Commission for Consumer’s protection – https://www.kzp.bg
2. Еuropean Consumer Centre – http://www.ecc.bg/
Platform for online settlement of disagreements: