By virtue of the CONSUMER PROTECTION LAW (CPL), Section II Contract for sale at a distance from art. 48 to art. 181
I. Subject
General conditions of a contract for purchase-sale at a distance by virtue of the Consumer Protection Law, between:
“Bratstvo na slavyanite 3” EOOD / Brotherhood of Slavs 3 Ltd. is an owner of www.worldofhats.org and is a company, registered in compliance with the Trade Law of the Republic of Bulgaria, with its seat city of Shumen, 9-13 Dobri Voynikov str., UIC: 200546574and a management address: Varna, 8g Odesos str.
The internet page: www.worldofhats.org (called hereunder “The SUPPLIER”, “The ELECTRONIC STORE”) on one hand, and on the other hand the person, having completed 18 years of age, who has consented to the present “General Conditions”, called hereunder for the sake of brevity the USER.
”General Conditions” is a contract, with which you obtain the right to use the SUPPLIER’S services, observing the conditions hereunder. You agree to be bound by the present “General Conditions” and all further amendments in them, as well as agree to observe them. The SUPPLIER reserves himself the right, at any time to change in his own discretion the present “General Conditions”, as the amended “General Conditions” enter immediately into force and become obligatory for the USER, from the moment of their publishing in the website of the SUPPLIER.
Registration according to the Law on the value added tax No. BG200546574
Supervising bodies:
(1) Commission for personal data protection
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov blvd.,
Tel.: (02) 940 20 46
Fax: (02) 940 36 40
E-mail: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 city of Sofia, 4A Slaveykov square, floor 3, 4 and 6
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
Standard form for exercising of the right to refusal of online purchases :
https://kzp.bg/standarten-formulyar-za-uprazhnyavane-pravo-na-otkaz-pri-online-pokupki
ІI. DEFINITIONS
2.1. „User content” is any data, information, text, sound, files, software, pictures, graphics, video materials, messages, electronic references, as well as any other materials, including, but not limited to, the opinions and comments and the content of the personal page and the blog, which the USER places on a server of the SUPPLIER, in order for them to be accessible through the SUPPLIER’S website for all remaining USERS.
2.2. The User(s) are:
2.2.1. Registered user – this is a person, who after a performed registration uses the services of the SUPPLIER’S website and uses a personal account with information regarding his/her operations in the website.
2.2.2. Unregistered user - this is a user, who uses the functionalities of the website, without registering him/herself; he or she can finalize orders of a product/s/, but the information about each his or her movement is not stored in the website archives.
2.3. “Malicious impacts” are actions or failures to act, which could be classified as a criminal act or an administrative violation by virtue of Bulgarian legislation, or the applicable law of another country, as well as actions or failures to act, which breach the Internet ethics, the good practices or cause damage to persons, connected to the Internet or associated networks. Malicious are the following non-exhaustively enumerated actions: the sending of undesired mail (spam, junk mail), overfilling of the channels by sending of undesired IP packages with the aim of generating undesired traffic (flood), the obtaining of access to resources with someone else’s rights and passwords, the usage of imperfections in the systems aiming one’s own profit or the acquiring of information (hack), the performance of actions, which could be classified as industrial espionage or sabotage, the damaging or destruction of systems or information massifs (crack), the sending of Trojan horses, the causing of virus installation (viruses), systems for remote control and the tracing of someone else’s information (sniff), the disturbance of the normal work of the remaining Internet and associated networks users, and other similar actions.
2.4. “Electronic reference” is a link, specified in a definite Internet page, which allows an automated redirection to another Internet page, an information resource or an object by means of standardized protocols.
2.5. “Internet page” is a part of a website, which can be composite or separate.
2.6. “Information system” is a device or a system of connected devices, which or some of which are designated to save, send or receive electronic documents.
2.7. „USER” is any person, who uses any of the rendered through the website of the SUPPLIER information services or resources.
2.8. “Server” is a device or a system of connected devices, on which or on some of which system software is installed, for the implementation of tasks in connection with the saving, processing, receiving or transmission of information.
2.9. “Website” is the differentiated place in the global Internet network, accessible through its unified address (URL) along a HTTP or a HTTPS protocol and containing files, programs, text, sound, picture, depiction, electronic references or other materials and resources.
2.10. “Blog” is a Website, whose content is regularly supplemented with comments, descriptions of events, files and other information materials, presented in a chronological order.
2.11. „Casual event” is a circumstance of exceptional character, unforeseen at the moment of concluding the contract, which makes its fulfillment objectively impossible.
2.12. „Commercial messages” are advertising or other messages, presenting directly or indirectly the commodities, services or the reputation of a person, performing commercial or craftsman’s activity, or exercising a regulated profession.
2.13. Commodity is every product, which is available in the SUPPLIER’S catalogue.
2.14. Order is each information, entered in the database of the SUPPLIER, about the purchasing of Commodities from the catalogue of the website of the SUPPLIER. An order is also a transmitted over the phone request for purchasing of Commodities by the USER.
ІІI. APPLICATION FIELD. CONSENT WITH THE GENERAL CONDITIONS
3.1. The present General conditions are applied in the relations with the USERS, who have completed a registration at the SUPPLIER’S website (“the registered USERS”). The present General conditions are also applied respectively in the relations with the USERS, who have not performed a registration at the SUPPLIER’S website (“the unregistered USERS”).
3.2. The text of the present General conditions is accessible in Internet at an Internet page with an address www.worldofhats.orgin a way, allowing its saving and reproduction. An electronic reference to the Internet page, containing the text of the present General conditions, is situated at each page of the SUPPLIER’S website.With each usage of the SUPPLIER’S website, the USERS declare, that they are familiar with the General conditions, that they agree with them and are obliged to observe them. In case that the USER is under age, he or she declares the consent of his/her parents or guardians with the General conditions, and if he/she is under 14 years old, the expression of consent is performed by his/her parent or guardian.
3.3. In order to use all services of the SUPPLIER’S website, the USER has to register him/herself in advance, by filling in the respective electronic registration form. At the registration of a minor person, the latter declares the consent of his/her parents or guardians with the General conditions.In the case of registration of a person under 14 years of age, the expression of consent with the General conditions is performed by a parent or guardian of the latter.
3.4. In the process of registration and pressing of the virtual button “Registration”, the USER, or the USER’S parent or guardian respectively, performs an electronic statement in the sense of the Law on the electronic document and electronic signature, with which he/she declares, that he/she is familiar with the General conditions, accepts them and is obliged to observe them.
3.5. With his/her registration, the USER gains access to all services, offered by the SUPPLIER. At the filling in of the registration form, the USER, and in the cases under item 2.2., the last option, the USER’S parent or guardian, is obliged to present full and truthful data regarding his/her identity, respectively the USER’S personality, and the remaining demanded by the SUPPLIER’S electronic form data, as well as update them within a 7-day term from each change. The USER or his/her parent or guardian guarantees, that the data he/she provides in the process of registration are true, complete and exact and he/she will in a timely manner update the latter at their change.
3.6. In case the required in the registration form personal data are not presented, the SUPPLIER has the right to refuse the registration and refuse the shipment of the order.
3.7. In case of provision of false data, or not reflecting the occurred changes in a timely manner, the SUPPLIER has the right to cease or immediately stop without notice the rendering of Services, as well as maintenance of the registration. In this case, the termination of the rendering of Services, is considered to be an automatic termination of the contract.
IV. CONTRACT CONCLUSION
4.1 The Users use primarily the interface on the Supplier’s page, in order to conclude purchase-sale contracts of the offered by the Supplier commodities in the ELECTRONIC STORE. (2) The contract is concluded in Bulgarian language.
4.2 The Contract between the Supplier and the User constitutes the present General conditions, accessible at the site of the ELECTRONIC STORE.
4.3 A party to the contract with the Supplier is the User, according to the data, presented during the registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data, with which an account with the Supplier was created.
4.4 The Supplier includes in the interface of their Internet page, technical means for the determining and correction of mistakes during the input of information, before the statement for the conclusion of the contract is made.
4.5 This contract is considered to be concluded from the moment of the performance of registration of the User with the Supplier, or the acceptance of the General conditions in another express way, including through a statement in the Supplier’s site. The purchase-sale contract of a commodity is considered to be concluded from the moment of the ordering of the commodity by the User, through the Supplier’s interface.
4.6 The Supplier expressly notifies the User about the conclusion of this contract, and about the conclusion of the contract for purchase-sale of a commodity, in an appropriate manner, through electronic means.
4.7 The statement about the conclusion of the contract and the confirmation of its receiving are considered to be received, when their addressees have access to them.
4.8 The Supplier delivers the commodities at the address specified by the USER and bears no responsibility in case the provided by the Users data are false or misleading.
4.9 The Users conclude the purchase-sale contract with the Supplier under the following procedure:
Performing of a registration at the ELECTRONIC STORE and the provision of the necessary data, provided that the User has until this moment not got a registration in the ELECTRONIC STORE or by ordering of a commodity without the completing of a registration;
Entering the system for the performance of orders of the ELECTRONIC STORE through identification with a name and a password and another way of identification;
Choosing one ore more of the offered commodities of the ELECTRONIC STORE and their adding to a list of commodities for purchasing;
The presentation of data for the fulfillment of the delivery;
A choice of the way and moment of payment of the price.
Confirmation of the order;
4.9.1 The users can conclude the purchase-sale contract with the Supplier also without the performance of a registration, as they use the respective functionality in the interface of the electronic store.
V.ORDER
5.1. The USER can make an Order from the catalogue at the SUPPLIER’S website by adding of the desired Commodities in the shopping cart, as well as finalize an order.
5.2. Each added to the shopping cart Commodity can be bought, if it is available.
5.3.The USER is obliged and responsible for that all of the data, which he/she has given to the SUPPLIER in connection with the Order to be true, complete and exact as of the date of sending the order.
5.4. By the shipment of the order, the USER allows the SUPPLIER to contact him/her in every possible way, when this is necessary in connection with the made order.
5.5. The Seller has the right to refuse to fulfill (to annul) the order, made by the USER, about which they have to notify the USER. The annulment of the order does not cause any liability or consequent obligation of any of the parties regarding the other one in connection with it, and respectively none of the parties has the right to demand from the other one a compensation for the annulment in the following cases:
5.5.1 The presented in the platform data by the Customer are incomplete and/or false.
5.5.2.The commodity is unavailable and cannot be delivered. In this case the SUPPLIER informs the USER.
5.6. The USER will cover all direct costs for the returning of Commodities, offered by the SUPPLIER in case that he/she cancels the Contract at a distance and states that within the term for refusal, provided by the SUPPLIER. This term starts to elapse on the date of conclusion of the Service contract and from the date of receiving of the bought Commodity by the USER, or a third person, different from the carrier.
VI. PRICES
6.1. All prices in the website of the SUPPLIER are in Euro.
6.2. All prices in the website of the SUPPLIER are with included VAT.
VII. PAYMENT
7.1. The SUPPLIER uses Cash on delivery, with a postal money transfer as a main payment method.
7.2. A legal basis for the service is Ordinance No. Н – 18 from the year 2006, art.3 about „Registration and reporting of the performed sales“. According to the text of the ordinance, one of the variants, which liberates the SUPPLIER from the obligation to issue a Fiscal sales slip, is the payment to you to be performed by a Postal money transfer. This service has to be performed by a licensed postal operator, such as Speedy. The service cash on delivery itself imposes no further effort on the part of the trader or their customer.
7.3. For the payment, made by the customer, Speedy issues a receipt for postal transfer at the value of the due cash on delivery. This receipt is a lawfully acknowledged document, freeing the trader from the obligation to issue a fiscal sales slip.
VIII. DELIVERY
8.1. The SUPPLIER uses as a carrier the services of Speedy.
8.2 Delivery term of the order in Bulgaria is 24 - 48 hours, international deliveries to Poland, Slovakia, the Czech republic, Slovenia, Hungary and Croatia, Greece, Romania the delivery term is: 2 - 5 work days, excluding the day of the picking up of the shipment, rest days and official holidays (way of payment “Cash on delivery”).
8.3 To Austria, Belgium, Germany. Denmark, Estonia, Ireland, Spain, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Finland, France, Sweden from 14 to 21 work days, excluding the day of picking up of the shipment, rest days or official holidays, the method of payment of the enumerated countries supposes preliminary payment, the delivery term starts to elapse from the moment of receiving of the payment of the customer of worldofhats.org.
8.4. After the finalization of the Order, the SUPPLIER contacts the USER by electronic mail, for a confirmation from the USER’S part.
8.5. The USER is obliged to provide a person at the specified address, who will secure the receiving of the shipment.
IX. COMPLAINTS
9.1. According to art. 55, par. 1 from the Consumer Protection Law (CPL), the USER has the right, without owing a compensation or a default payment and without giving a reason, to refuse the received commodity within a term of 14 days from the date of the receiving of the commodity, as the USER HAS TO PAY THE COSTS for the delivery for the returning of the Commodity. In this case the SUPPLIER shall reimburse the user with the full amount of the paid by him/her sums for the Commodity not later than 14 days, considered from the date, on which the USER exercised his/her right to refuse the commodity, according to art. 55, par.6 from the Consumer Protection Law. The amounts are reimbursed to a customer’s bank account.
9.2. In the case of a production defect, which has been established after the receiving of the Commodities, the USER returns it at the expenses of the SUPPLIER, and another Commodity, identical to the ordered one, is sent. In case the SUPPLIER cannot provide the sending of the desired by the USER Commodity, then the USER has to decide if he would like the receiving of other Commodities from the SUPPLIER. In this case the expenses for returning and shipment of the new Commodity are at the expense of the SUPPLIER.
9.3 In the case of a demand by the USER of a change of a Commodity, the SUPPLIER can send a Commodity to the USER, only if it is available. In this case the transport expenses are at the expense of
9.4. The USER is obliged to store the received by the SUPPLIER Commodities, their quality and safety during the term of art.55, par. 1 from the Consumer protection law. In order for the bought Commodities to be returned, an obligatory condition is, for them to be in perfect commercial appearance, without having been used, and with an intact packaging, and without the availability of odors. The Commodities have to correspond to the appearance, in which they have been received by the USER. According to the Consumer protection act, Commodities, which do not meet these criteria, cannot be subject to a returning and rejection.
9.5. The SUPPLIER has the right to refuse the returning of a product, according to the legislation currently in force.
9.5.1 for the delivery of goods, made on consumer’s order, or according to his/her individual requirements;
9.5.2. for the delivery of goods, which due to their nature can deteriorate their quality, or have a short expiry term;
9.6. At returning or change of a bought Commodity, the transport costs are at the expense of the USER and are not reimbursed.
9.7. All steps for returning and change of Commodities, can be found in “Complaints”.
Link for filing a complaint in the Commission for consumer protection - https://www.kzp.bg/podavane-na-zhalba
Resolution of disputes for persons from the EU – https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
X. SUPPLIER’S RIGHTS AND OBLIGATIONS
10.1. The SUPPLIER shall exercise the due care for the presenting of an opportunity to the USER for the normal usage of the Services.
10.2. In compliance with the requirements of the Bulgarian legislation currently in force, the SUPPLIER stores information materials and resources, placed by the USER on a SUPPLIER’S server, and has the right to give them to the competent state authorities in the cases, when this is necessary for the protection of the rights, legal interests and safety of the SUPPLIER or third persons, as well as in the cases, when the latter are required by the respective state bodies in due order.
10.3. The SUPPLIER has the right to send commercial messages to the USERS, including through the service “Electronic post box”, with the purpose of offering of information and advertisements regarding their goods. With the acceptance of the present General conditions, the USER agrees to receive commercial messages from the SUPPLIER.
10.4. The SUPPLIER shall provide true information about the Commodities, as well as have an appointed price for an article.
10.5. The SUPPLIER shall send the Order to the USER within the term, except if by the fault of a third party (CARRIER), the SUPPLIER has delayed this deadline.
10.6. The SUPPLIER shall reimburse all costs (the value of the Commodity and the expenses for returning of the shipment) in the cases of a defect Commodity.
XI. USER’S RIGHTS AND OBLIGATIONS
11.1 The USER, using the SUPPLIER’S website, is obliged to observe the attached to it General conditions.
11.2. The USER shall provide an exact and valid telephone number, delivery address or a Speedy office.
11.3. The USER shall, in case of physical impossibility to accept the Shipment at an address, to provide another person and to authorize him/her to accept and pay the expenses (Cash on delivery and delivery price) for the Shipment, if applicable.
11.4. The USER has to exercise all due care and take the necessary measures, which are reasonably necessary, to protect his/her password.
11.5. In view of the specifics of Internet protocols and the security during the protection of the data about the password, to terminate the session, which he/she entered in his/her user profile by pressing of the virtual button “Exit”.
XII. DISCLAIMER
12.1. The SUPPLIER makes everything possible in order to maintain true, exact and actual information on the Site, without this to exclude the possibility that incidentally objective differences or omissions occur. The SUPPLIER bears no responsibility about the consequences, including eventual damages, caused by or in any way connected with the access, use or the impossibility to use this Site.
12.2. The SUPPLIER’S services are based on information, obtained directly from the producers. Independent from the fact, that we make everything possible, to secure the exactness and actuality of the data, published in the SUPPLIER’S website, we cannot guarantee and bear no responsibility in the case, when the data turns out to be false, not actual or incomplete. The SUPPLIER does not bear a responsibility at falseness of the information, provided by a producer about the characteristics of a given commodity.
12.3. The SUPPLIER is not liable, if a given product does not really have the same colour and characteristic data, as it is offered in the SUPPLIER’S website. In spite of the fact, that the depictions of the Commodities in the SUPPLIER’S website are taken with professional equipment, it is completely possible there to be certain differences in the real colour of a given product.
XIII. COPYRIGHT
13.1. The content in the SUPPLIER’S website - information, data, resources, services, text, imaging material, graphics - is property of the SUPPLIER and/or their suppliers, and is protected by copyright. It cannot be reproduced in any form, for any purpose and in no media or computer environment, without the express written consent of the SUPPLIER and/or their suppliers.
13.2. Any unauthorized usage of the content will be interpreted as a breach of the Law on copyright and its similar rights, Law on marks and geographic denominations, and the other laws in effect. The news in this site are designed for your personal information only.Their usage out of this site such as publishing, multiplication, any form of commercial usage, as well as the submitting to third persons in a full, partial or processed form without the knowledge and approval of the SUPPLIER is not allowed.
XIV. REGISTERING AND REPORTING OF SALES
14.1. A lawful basis for the service is Ordinance No. Н – 18 from 2006, art.3 about „Registration and reporting of the performed sales“. According to the text in the ordinance, one of the variants, which liberates you from the obligation to issue a Fiscal sales slip, is the payment to you to be performed by a Postal money transfer. This service has to be performed by a licensed postal operator, such as Speedy. The service Cash on delivery itself imposes no further effort on the part of the trader or their customer.
14.2. For the payment, made by the customer, Speedy issues a receipt for postal transfer at the value of the due cash on delivery. This receipt is a lawfully acknowledged document, freeing the trader from the obligation to issue a fiscal sales slip.
XV. AMENDMENTS TO THE GENERAL CONDITIONS
15.1. In view of the periodic supplement and modification of the Services, their perfection and widening, as well as in connection with possible legislative changes, which affect them, the General conditions could be altered unilaterally by the SUPPLIER. This change can be performed also at a change of the type, nature or the technology of the rendered Services, at the discontinuation of definite Services, as well as at change in the economic conditions.
15.2. At performance of changes in the General conditions, the SUPPLIER leads them to the knowledge of the USERS by their publishing in the SUPPLIER’S website.
15.3. These General conditions, as well as future changes in them, are applied also for the existing registered USERS as of the date of their entry into force. The statement on the part of a registered USER, that he/she disagrees with the changes in the General conditions, shall lead to an automatic termination of the contract between the USER and the SUPPLIER for the usage of the services, rendered through the SUPPLIER’S website, at which the SUPPLIER has the right to immediately terminate the access of the respective USER to his/her user’s profile, to cancel his/her registration and to delete from their servers the whole user content placed by this USER.
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