TEST Sellavi

GENERAL TERMS AND CONDITIONS

of the online store …………………..

I. SUBJECT

Art. 1. These general terms and conditions (“General Terms and Conditions”) are intended to regulate the relationship between “……………………….“ EOOD, registered in the Commercial Register with the Registry Agency under UIC …………………….., with its registered office and management address at: ……………………………………………………, hereinafter referred to as the “Provider”, and the clients, hereinafter referred to as the “Users”, of the online store ………………………. (“Online Store”), owned by the Provider.

II. PROVIDER INFORMATION

Art. 2. (1) Information pursuant to the Electronic Commerce Act and the Consumer Protection Act regarding the Provider:

Name of the Provider: “…………………………” EOOD
Registered office and management address: …………………………………..
Address where the activity is carried out: ………………………………………..
Contact information: ………………………………., phone: ……………….., email address: …………………………, website: ……………………………, other means of online communication: ………….
Registration in public registers: Commercial Register with the Registry Agency, UIC …………………………….
VAT registration number under the Value Added Tax Act: BG ……………….
Address for filing consumer complaints: ………………………., phone: ……………………., email address: ........................., website: ………………..

(2) Supervisory authorities:

Commission for Personal Data Protection
Address: Sofia, 1592, 2 Prof. Tsvetan Lazarov Blvd.
Phone: (02) 91 53 519, Fax: (02) 91 53 525
Email: kzld@cpdp.bg
Website: www.cpdp.bg
Consumer Protection Commission
Address: Sofia, 1000, 4A Slaveykov Square, floors 3, 4, and 6
Phone: (02) 933 05 65
Fax: (02) 988 42 18
Consumer hotline: 0700 111 22
Email: info@kzp.bg
Website: www.kzp.bg

III. CHARACTERISTICS OF THE ONLINE STORE

Art. 3. The online store is an e-commerce platform, accessible at the web address https://......................................, through which Users have the opportunity to conclude contracts for the purchase and delivery of goods offered by the Provider in the Online Store, including the following:

To review and examine the goods, prices, and delivery conditions offered by the Provider;
To obtain information about the nature and main characteristics of the goods;
To conclude contracts with the Provider for the purchase and delivery of goods offered in the Online Store;
To make electronic statements related to the conclusion, performance, execution, and termination of contracts with the Provider through the interface on the www……………..com website, including through available tools and mobile applications;
To be informed about their rights arising from the law;
To exercise their right of withdrawal, where applicable, in accordance with the Consumer Protection Act.

Art. 4. The Provider organizes the delivery of the goods and ensures the rights of the Users provided by law, in good faith, and in accordance with accepted practices, consumer or commercial law standards and conditions.

Art. 5. (1) Users conclude a contract for the purchase of goods with the Provider according to the procedure specified in Art. 8. The contract is concluded in Bulgarian and is stored in the Provider’s database on the platform.

(2) Users have the opportunity to review and correct errors when entering information no later than the moment of submitting the statement for concluding the contract with the Provider. The identification and correction of such errors may be carried out by editing the order form at any time before the statement for concluding the contract is submitted.

(3) Under the contract concluded with the Users for the purchase of goods, the Provider undertakes to organize the delivery and transfer of ownership of the goods specified by the User via the interface in the Online Store.

(4) Users pay the Provider a fee for the delivered goods, according to the conditions set out in the Online Store and these General Terms and Conditions. The fee is equal to the price announced in the Online Store.

IV. USE OF THE ONLINE STORE

Art. 6. (1) The Online Store may be used after registering and creating a User account or without prior registration.

(2) User registration in the Online Store is free, voluntary, and is carried out in the respective section of the Online Store.

(3) Regardless of whether the User registers or not, in order to use the Online Store to conclude contracts for the purchase of goods, the User must enter the following information: first name, last name, email address, contact phone number, delivery address, and must agree to these General Terms and Conditions.

(4) By filling in their data, clicking the “CHECKOUT” button, and marking agreement with the General Terms and Conditions, the User declares that they are familiar with these Terms and Conditions, agree to their content, and undertake to comply with them unconditionally.

(5) The Provider confirms the User’s order by sending an electronic statement to the email address provided by the User or by phone call to the number provided by the User, and contractual relations for the purchase of goods arise between the User and the Provider.

(6) When registering or placing an order, the User is obliged to provide accurate and up-to-date information. In case of any changes, the User is obliged to promptly update the data listed in their account or in the order.

(7) If the User provides false information or the Provider has grounds to believe that the information provided is incomplete or inaccurate, the Provider has the right, at their discretion, to block or delete the User’s registration and to deny access to the Online Store.

V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT

Art. 7.Users primarily use the interface of the Online Store's website, including the available tools and mobile applications, to conclude contracts for the purchase of goods offered by the Provider in the Online Store.

Art. 8. The User and the Provider conclude a sales contract for goods in the Online Store through the following procedure:

The User selects one or more of the goods offered by the Provider for which a sales contract is to be concluded.
The User fills in an order form and provides the necessary data for identifying the User as a party to the sales contract.
The User selects a method of delivery and provides the necessary information for the delivery.
The User selects a method and time for payment of the price.
The User submits the order (the offer) by clicking the “CHECKOUT” button after marking their agreement with the General Terms and Conditions and the Privacy Policy.
The Provider confirms the order placed by the User (accepts the User's offer) by sending an electronic statement to the email address provided by the User or via a phone call to the phone number provided by the User. The Provider shall provide the User with a confirmation of the concluded contract on a durable medium within a reasonable time after the conclusion of the distance contract, or at the latest at the time of delivery of the goods.

VI. CONTENT OF THE CONTRACT

Art. 9. (1) The Provider and the Users conclude separate sales contracts for the goods ordered by the Users, even if they have been selected with a single electronic statement.

(2) The Provider may organize the delivery of the goods ordered under the separate sales contracts together and simultaneously.

(3) The rights of the Users in relation to the delivered goods shall be exercised separately for each individual sales contract. The exercise of rights concerning a specific delivered good does not affect and has no impact on the other sales contracts. If the User qualifies as a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from a sales contract for a specific good does not affect the contracts for the sale of other goods delivered to the consumer.

(4) The Provider has the right, at its own discretion, to refuse the execution of a User's order, in which case the Provider shall notify the User within a reasonable time, without being obligated to state the reason for the refusal.

Art. 10. When exercising rights under the sales contract, the User is required to specify clearly and unambiguously the contract and the good in relation to which the rights are being exercised.

Art. 11. The User shall pay the price for the separate sales contracts in a single payment at the time of placing the order or upon delivery of the goods.

VII. SPECIAL PROVISIONS APPLICABLE TO PERSONS WHO QUALIFY AS CONSUMERS UNDER THE CONSUMER PROTECTION ACT

Art. 12. The rules of this Section VII of the General Terms and Conditions apply exclusively to Users for whom, based on the information provided for the conclusion of the sales contract, it can be reasonably inferred that they qualify as consumers within the meaning of the Consumer Protection Act.

Art. 13. (1) The main characteristics of the goods offered by the Provider in the Online Store are described in the profile of each product listed in the Online Store.
(2) The prices of the goods, including all taxes and fees, are determined and indicated in the profile of each product in the Online Store.
(3) The cost of postal or transport expenses not included in the price of the goods is determined by the Provider in the Online Store and is made available to the Users during the selection of goods for the conclusion of the sales contract.
(4) The methods of payment, delivery, and contract performance are specified in these General Terms and Conditions and in the information provided to the User through the mechanisms and tools in the Online Store.
(5) The information provided to Users under this article is current as of the moment it is displayed in the Online Store before the conclusion of the sales contract.
(6) Users agree that all information required under the Consumer Protection Act and the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods may be provided via the interface of the Online Store or by email.

Art. 14. (1) The Consumer agrees that the Provider has the right to accept advance payment for the contracts for the sale of goods and their delivery concluded with the Consumer.
(2) According to the options provided in the Online Store, the Consumer may choose whether to pay the Provider for the goods' delivery prior to or at the time of delivery.
(3) If the total value of the Consumer's order is equal to or exceeds BGN 10,000, payment must be made only by transfer or deposit to the Provider’s payment account.

Art. 15. (1) The Consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of receipt of the goods from the Provider, by using the standard withdrawal form available on the Online Store website as Annex No. 1 to these General Terms and Conditions, or by clearly stating their decision to withdraw from the contract in another unambiguous manner. Information on exercising the right of withdrawal is available in Annex No. 2 to these General Terms and Conditions.
(2) The right of withdrawal does not apply in the cases provided in Article 57 of the Consumer Protection Act.
(3) If the Provider has not fulfilled their obligations to provide information as required by the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within up to one year and 14 days from the date of receipt of the goods. If the required information is provided within that one-year period, the withdrawal period is 14 days from the date of receipt of the information. The Consumer may submit the withdrawal notice directly to the Provider by using the standard withdrawal form available on the Online Store website as Annex No. 1 to these General Terms and Conditions, or by clearly stating their decision to withdraw from the contract in another way.
(4) When the Consumer exercises their right of withdrawal, the Provider refunds all payments received from the Consumer, including delivery costs, without undue delay and no later than 14 days from the date on which they were notified of the Consumer’s decision to withdraw from the contract. The Provider refunds the amounts using the same payment method used by the Consumer for the original transaction unless the Consumer has expressly agreed to a different method that does not incur any additional costs. For card payments, the provisions set out in Section XIII. CARD PAYMENTS AND PAYMENT METHODS apply.
(5) When exercising the right of withdrawal, the cost of returning the delivered goods is deducted from the refund amount under paragraph 4, except when the Consumer arranges and pays for the return themselves. The Provider is not obliged to refund additional delivery costs if the Consumer has expressly chosen a delivery method other than the least expensive standard delivery offered by the Provider.
(6) The Consumer is obliged to preserve the goods received from the Provider and ensure their quality and safety during the period under paragraph 1 or respectively paragraph 3.
(7) When the Provider has not offered to collect the goods themselves, they may withhold the refund until they have received the goods back or until the Consumer provides proof that they have sent back the goods, whichever occurs first.
(8) When the Consumer exercises the right of withdrawal and the Provider has not offered to collect the goods, the Consumer must return or hand over the goods to the Provider or to a person authorized by the Provider without undue delay and no later than 14 days from the date on which the Consumer notified the Provider of their decision to withdraw. The deadline is considered met if the goods are sent or handed over before the expiration of the 14-day period.
(9) The Consumer bears only the direct costs of returning the goods under the preceding paragraph, except in cases where the Provider has agreed to cover them or has not informed the Consumer that the return costs are borne by the Consumer.
(10) The Consumer is only liable for any diminished value of the goods resulting from handling them in a way other than what is necessary to determine their nature, characteristics, and proper functioning. The Consumer is not liable for any diminished value of the goods if the Provider has not informed them of their right of withdrawal.

Art. 16. (1) The delivery time for each product is determined individually at the time of concluding the contract through the Online Store.
(2) If the Provider is unable to fulfill the contract due to unavailability of the ordered goods, they are obliged to notify the Consumer and refund the amounts paid.

VIII. PERFORMANCE OF THE CONTRACT

Art. 17. (1) The Provider may arrange the delivery and handover of the goods to the User by an appropriate courier within the deadline agreed upon at the conclusion of the contract.

(2) If the deadline under paragraph 1 is not explicitly agreed between the parties at the time of concluding the contract, the Provider shall organize the delivery and handover within a reasonable period. If the Provider fails to organize delivery within the specified time, they are obliged to notify the User in advance.

(3) If the User is not present at the indicated delivery address at the agreed delivery time and has not provided a duly authorized third party to receive the delivery, the Provider shall make the delivery at another time convenient to the Provider, and the User must pay an additional delivery fee according to the courier’s or postal operator’s tariff.

Art. 18. (1) The User must inspect the goods at the moment of delivery and handover and, if the goods do not meet the requirements, immediately notify the Provider.

(2) If the User does not notify the Provider as per the previous paragraph, the goods shall be deemed accepted as conforming to the requirements, except for hidden defects.

IX. PROTECTION OF PERSONAL DATA

Art. 19. (1) The Provider processes the personal data provided by the Users in accordance with its Privacy Policy and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act, and other provisions of the applicable Bulgarian legislation concerning personal data protection.

(2) The Provider’s Privacy Policy is available at the internet address: https://.................................., and is an integral part of these Terms and Conditions.

(3) The Provider has the right to store information or access information stored on the User’s terminal device in accordance with the “Cookie Policy,” provided that:

The Provider has given the User clear and comprehensive information pursuant to Article 13 of Regulation (EU) 2016/679; and
The Provider has provided the User the option to refuse the storage or access to the information.

(4) The User agrees that the Provider has the right to collect, store, and process data regarding the User’s behavior while using the Electronic Store. The User has the right to object to the storage or access to the information under paragraph 2 by the methods provided in the Privacy Policy.

Art. 20. At any time, the Provider has the right to require the User to identify themselves and to verify the accuracy of any of the circumstances and personal data declared during registration on the platform and/or when placing an order.

X. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 21. (1) These Terms and Conditions are an integral part of the Contract concluded between the Parties.

(2) By concluding the Contract, the User declares that they have read and accept these Terms and Conditions.

(3) The User and the Provider agree that all statements between them related to the conclusion, performance, amendment, and termination of the Contract and these Terms and Conditions may be made electronically and by electronic statements within the meaning of the Electronic Document and Electronic Trust Services Act and Article 11 of the Electronic Commerce Act.

(4) It is presumed that electronic statements made by Users of the Electronic Store are made by the persons indicated in the data provided by the User during registration in the Electronic Store or when placing an order (offer) without registration.

(5) The User agrees to receive all statements, documents, and notifications from the Provider in electronic form at the email address provided by the User during registration in the Electronic Store or when placing an order (offer).

(6) Electronic statements, documents, and any notifications sent by the User to the Provider via the email address provided by the User during registration in the Electronic Store or when placing an order (offer) shall be deemed signed with a simple electronic signature. The electronic statement is considered received upon its arrival in any of the information systems indicated by the User in the previous sentence.

(7) The Parties agree that the legal effect of a simple electronic signature is equivalent to that of a handwritten signature.

Art. 22. Terms different from those stipulated in the Terms and Conditions may be agreed upon through additional written agreements between the Provider and the User. In case of inconsistency between the additional written agreements and the Terms and Conditions, the agreed provisions shall prevail.

Art. 23. (1) These Terms and Conditions may be amended by the Provider, who shall notify the Users appropriately.

(2) The Provider and the User agree that any supplement and/or amendment to these Terms and Conditions shall take effect with respect to the User in one of the following cases:

after explicit notification by the Provider to the email address provided by the User, and if the User does not declare within the provided 14-day period that they reject the changes; or upon explicit acceptance by the User when placing an order in the Electronic Store.

(3) A statement of rejection of an amendment and/or supplement to the Terms and Conditions within the deadline referred to in the previous paragraph shall be considered a unilateral statement for termination of the Contract.

Art. 24. The Provider publishes the Terms and Conditions, together with all amendments and supplements thereto, on the internet at the electronic address: ……………………………...

XI. TERMINATION

Art. 25. These Terms and Conditions and the User’s contract with the Provider shall be terminated in the following cases:

upon termination and declaration of liquidation or insolvency of one of the parties to the contract;
by mutual written agreement of the parties;
in case of objective impossibility of one of the parties to fulfill their obligations under the contract;
upon seizure or sealing of the equipment by state authorities;
in case of deletion of the User’s registration in the Electronic Store. In this case, contracts for sale already concluded but not yet performed remain in force and are subject to execution;
in the cases under Art. 23, para. 3.

Art. 26. The Provider has the right, at its own discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it establishes that the User uses the Electronic Store in violation of these Terms and Conditions, the legislation of the Republic of Bulgaria, generally accepted moral standards, or the generally accepted rules and practices in electronic commerce.

XII. LIABILITY

Art. 27. The User undertakes to indemnify and hold the Provider harmless against any legal claims and other demands from third parties (whether justified or not), for all damages and expenses (including attorney’s fees and court costs), arising from or in connection with:
(1) failure to perform any of the obligations under this contract;
(2) infringement of copyright, production, broadcasting rights, or other rights related to intellectual or industrial property;
(3) unlawful transfer to third parties of the rights granted to the User under the terms and conditions of the contract; and
(4) false declaration of the presence or absence of consumer status within the meaning of the Consumer Protection Act.

Art. 28. The Provider shall not be liable in cases of force majeure, unforeseen events, Internet-related issues, technical or other objective reasons, including orders issued by competent state authorities.

Art. 29.
(1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider shall not be liable for material or non-material damages, including lost profits or incurred losses, suffered by the User in the process of using or being unable to use the Electronic Store, or when concluding sales contracts with the Provider.
(3) The Provider shall not be liable for periods during which the Electronic Store is unavailable due to force majeure.
(4) The Provider shall not be liable for any damage caused by comments, opinions, and publications under the products, news, or articles in the Electronic Store.

Art. 30.
(1) The Provider shall not be liable in the event of a breach of the security measures of the technical equipment resulting in loss of information, dissemination of information, unauthorized access to information, restricted access to information, or similar consequences.
(2) The Provider shall not be liable in the event of a sales contract being concluded, access to information being granted, or data being lost or altered as a result of a third party falsely identifying as the User, if the circumstances suggest that this third party could reasonably be assumed to be the User.

XIII. CARD PAYMENTS AND PAYMENT METHODS

.................. offers a variety of payment options to ensure convenience and security for its customers.

Art. 31. Payment by Bank Card
We accept payments via VISA, MasterCard, and other card types through the certified BORICA banking payment system. All transactions are processed securely and in accordance with international data protection standards.

Art. 32. Payment Currency
Payments are made only in Bulgarian lev (BGN), Euro (EUR), or US dollars (USD), depending on the currency selected in the vPOS and the linked account. If your card is issued in a different currency, the amount will be automatically converted at the exchange rate of the Bulgarian National Bank (BNB) applicable on the transaction date.

Art. 33. When the User has exercised their right to withdraw from the contract, the Provider shall refund all amounts received from the User, including delivery costs, without undue delay and no later than 14 days from the date on which the Provider was informed of the User's decision to withdraw from the contract. The Provider shall refund the received amounts using the same payment method used by the User in the original transaction.

XIV. OTHER CONDITIONS

Art. 34.(1) The User and the Supplier undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets which have become known to them in the course of executing the contract and these General Terms and Conditions.

(2) The User and the Supplier undertake not to disclose publicly any written or oral correspondence conducted between them during or after the contract period. Public disclosure includes the publication of correspondence in print or electronic media, social networks, internet forums, personal or public websites, etc.

Art. 35. The possible invalidity of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions of the General Terms or the contract.

Art. 36. For matters not settled by this contract, relating to its execution and interpretation, the laws of the Republic of Bulgaria shall apply.

These General Terms and Conditions shall enter into force on DD.MM.YYYY.

Annex No. 1
Standard Withdrawal Form:
(Complete and send this form only if you wish to withdraw from the contract)

To (the trader's name, address, and email to be completed by the trader):
I/We hereby notify that I/we withdraw from the contract concluded by me/us for the purchase of the following goods*/for the provision of the following service*:
Ordered on*/received on*:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is on paper):
Date:

(Delete as appropriate.)

Annex No. 2
Information on the Right of Withdrawal from the Contract

Standard Withdrawal Instructions:

I. Right of withdrawal from a distance or off-premises contract.

II. You have the right to withdraw from this contract without giving any reason within 14 days.

III. The withdrawal period is 14 days starting from (insert the date according to the contract type listed in item 1, letters "a" through "d" in the Completion Instructions).

To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement (e.g., a letter sent by post or email). You may use the attached standard withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

IV. Effects of withdrawal:

If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement. (In the case of a sales contract where you have not offered to collect the goods in the event of withdrawal, include the text in item 4 of the Completion Instructions). For card payments, the provisions described in Section XIII: INFORMATION ON CARD PAYMENTS AND PAYMENT METHODS shall apply.

If the consumer has received goods in connection with the contract (insert the relevant text from item 5, letters "a", "b", or "c" of the Completion Instructions).

For service contracts or for the supply of water, gas, electricity (not packaged in a limited volume or quantity), or district heating (add the text from item 6 of the Completion Instructions).

Completion Instructions:

Insert one of the following texts in quotation marks:
- a) for service contracts or supply of water, gas, or electricity not sold in limited quantities, or district heating, or digital content not supplied on a tangible medium: "the date the contract was concluded.";
- b) for a sales contract: "the date on which you or a third party other than the carrier and indicated by you acquired physical possession of the goods.";
- c) for a contract where multiple goods ordered in one order are delivered separately: "the date on which you or a third party other than the carrier and indicated by you acquired physical possession of the last good.";
- d) for a contract involving the delivery of a good consisting of multiple lots or pieces: "the date on which you or a third party other than the carrier and indicated by you acquired physical possession of the last lot or piece.";
- e) for contracts for the regular delivery of goods over a defined period: "the date on which you or a third party other than the carrier and indicated by you acquired physical possession of the first good."
(Amended - SG No. 20/2022, effective from 28.05.2022) Fill in your name, address, phone number, and email address.
If you allow consumers to submit a withdrawal electronically via your website, include the following:
"You may also fill in and submit the standard withdrawal form or any other unequivocal statement of withdrawal electronically on our website (insert web address). If you use this option, we will promptly send you an acknowledgment of receipt of such withdrawal on a durable medium (e.g., by email)."
For sales contracts where you have not offered to collect the goods in the event of withdrawal, insert:
"We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest."
If the consumer has received goods in connection with the contract:
(a) Add one of the following:
- "We will collect the goods," or
- "You must send back or return the goods to us or to... (insert the name and geographical address, if applicable, of the authorized person) without undue delay and in any event not later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the 14-day period has expired.";
(b) Add:
- "We will bear the cost of returning the goods.";
- "You will have to bear the direct cost of returning the goods.";
- If you do not offer to bear the cost and the goods cannot normally be returned by post: "You will have to bear the direct cost of returning the goods estimated at approximately ______ BGN (insert amount).", or if the cost cannot be calculated in advance: "You will have to bear the direct cost of returning the goods. It is estimated that this cost will not exceed approximately ______ BGN (insert amount).", or
- If the goods were delivered to the consumer’s home at the time the off-premises contract was concluded and cannot be returned by normal post: "We will collect the goods at our own expense.";
(c) Add: "You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods."
For contracts for services or the supply of water, gas, electricity not sold in limited quantity, or district heating, add the following:
"If you requested to begin the performance of services or the supply of water/gas/electricity/district heating (delete as appropriate) during the withdrawal period, you shall pay us an amount proportional to what has been provided until the moment you informed us of your decision to withdraw from the contract, relative to the total value of the contract."

General terms and conditions