Terms & Conditions
TERGAN® E-STORE TERMS OF SALE
I. GENERAL PROVISIONS
1. For the purposes of these Terms the listed terms are used with the following meanings:
ET NEKO - Nikolay Petrov is a company providing goods and services online through its e-store www.storetergan.com, hereinafter referred to as E-store.
"Malicious acts" are acts or omissions violating the Internet ethics or causing damages to persons connected to the Internet or associated networks, sending unsolicited bulk e-mail (unsolicited commercial messages, SPAM), gaining access to resources with foreign rights and passwords, using flaws in the systems for personal benefit or to obtain information(HACK), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or data sets (CRACK), sending "Trojan horses" or causing installation of viruses, or remote control systems, disturbing the normal operation of other users of the Internet and associated networks, performing any actions which may be classified as a crime or administrative violation under the Bulgarian law or other applicable law.
"Website" is a collection of web pages with a common title page that is loaded in your browser when displaying the electronic address. bg;
"Interface" - a combination of graphical objects associated with the code by which a user communicates with the website in an accessible way for them.
"Web page" for the purposes of these Terms means an integral and distinct part of the website.
"Customer" means a natural or legal person who submits an order in the E-store.
"Customer/User profile” is information about the Customer (name, surname/trade name, address (city, region), zip code, phone, e-mail address, UIC/ID, VAT No., accountable, etc.) provided by the latter when filling in the registration form.
The customer has access to their customer/user profile by entering their username and password. The information is used and stored by the E-store only for the purposes specified in these Terms, under Art. 4, Para. 1, It. 3 of the Personal Data Protection Act.
"Password" is a code of letters, numbers and symbols, which together with the username individualize the user, and which together with the username is used to access the user profile.
"Username" is a selected by the user unique code of letters, numbers and symbols by which they are individualized in their relationships with the Contractor;
"Platform" - a set of preliminary design, programming and graphics solutions forming a single unit providing the user with an accessible environment to the possibilities of the web.
"Goods/Items" available through the E-store are: - women's and men’s bags; - travel bags; - briefcases; - business bags; - belts; - wallets and purses; - gloves; - accessories; - other goods/services. Each of these items is described with its main features, image, and selling price.
"Website/Site"("website") is a specified place in the global Internet network, accessible through its uniform address (URL) under HTTP or HTTPS protocol or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
Users declare that they are aware of and agree with the definitions of the above terms.
2. These Terms represent an agreement thatET NEKO - Nikolay Petrov. will provide its own website store.tergan.bg for the purpose of making virtual contacts between sellers and potential customers/users and arrange the rights and obligations of the users of the website store.tergan.bg owned by ET NEKO - Nikolay Petrov.
3. Parties under this agreement are ET NEKO - Nikolay Petrov on the one hand, and each user having loaded the website store.tergan.bg.
5. Active action means clicking/pressing/selecting an electronic link or banner ad, taking the user to other web pages of the store.tergan.bg.
6. Passive behaviour means not leaving the site after it has been loaded in the user's browser.
II. SCOPE AND LEGAL SIGNIFICANCE
7. These Terms are accepted by ET NEKO - Nikolay Petrov. and provide for:
b) terms and procedures of concluding contracts of sale betweenET NEKO - Nikolay Petrov. and users of the E-store;
c) rights and obligations of ET NEKO - Nikolay Petrov. and of relevant users under contracts of sale concluded between them, including terms and methods of delivery of ordered goods, their payment and receipt, and conditions and procedures on filing claims and return of purchased products.
8. These Terms are posted prominently on the website of the E-store and are available to every visitor.
9. Publication of goods in the E-store is considered a public call to users to make ET NEKO - Nikolay Petrov. a proposal for concluding a contract of sale.
10. Acceptance of these Terms by users of the E-store is a prerequisite for concluding a contract of sale between ET NEKO - Nikolay Petrov. and the user and for making delivery of goods ordered. ET NEKO - Nikolay Petrov. has the right but is not required to enter into relationships and to make deliveries to users who have not accepted these Terms.
11. Acceptance of these Terms by users is made by marking the field (checkbox) "I agree with these Terms" within the procedure of submission of purchase order and after the user has entered the required personal data.
12. Marking the field (checkbox) "I agree with these Terms" within the procedure of submission of purchase order creates an irrefutable presumption that the user has read the Terms before accepting them. By marking the field (checkbox) "I agree with these Terms" the user makes an electronic statement under the Electronic Document and Electronic Signature Act, declaring that they are familiar with these Terms and accept them.
13. E-store data: "Store.tergan.bg" is a website for electronic trading - sale and delivery of goods published thereon. Website store.tergan.bg (hereinafter referred to as the E-store) is owned by ET NEKO - Nikolay Petrov., Bulstat: BG130099434, headquarters and registered seat: Varna, 4, St. KaradjaTsar st. All goods offered for sale through the E-store are the property of ET NEKO - Nikolay Petrov. and sold in his name.
III. SUBJECTS OF SALE. MAIN FEATURES OF GOODS OFFERED. PRICES AND TRANSPORT COSTS
14. Subject of sale through the E-store is goods stated therein at the time of making a request for purchase by the user. The goods subject to sales through the site are listed by type and quality and are classified into different categories by common and similar features.
15. The main features of products offered through the E-store are described therein, in the appropriate subsections for the individual types of products.
16. Prices of products offered through the E-store are listed therein, in the section for this type of product. Unit and total price of goods subject to specific purchase order are displayed within the procedure of its formalisation and submission by the user. ET NEKO - Nikolay Petrov. has the right to unilaterally change the prices specified in the E-store, as the price change is effective only for orders placed after its announcement on the website.
17. The prices under the preceding paragraph do not include transport costs of delivery which shall be charged and paid by the user in addition to those prices. The cost of delivery of goods ordered is calculated and displayed automatically to the user at the time of submitting the order. Extended information on delivery prices is provided in section "Payment, Delivery, and Warranty". Upon cash on delivery, the price increases by 1% of the amount of the order.
IV. GENERAL OBLIGATIONS OF ARGOS LTD CONCERNING USERS’ PERSONAL DATA PROTECTION
18. ET NEKO - Nikolay Petrov. via the E-store takes due care and is responsible for the protection of users’ personal data become known in terms of registration or when filling in the electronic form for submitting purchase order, except in cases of force majeure, accident or malicious actions of third parties.
19. Observing the current legislation and the provisions of these Terms, ET NEKO - Nikolay Petrov. and the E-store may use the personal data of users solely for the purposes stipulated in the contract – accepting and fulfilling orders, and contacting customers in case of problems related to the order. By expressing agreement with these Terms, the user agrees that the information about them is to be handled in the manner provided in the same.
20. The E-store guarantees that the data will not be given in any form to third parties or used for purposes other than those described above, unless there is an express written consent of the user.
21. The restrictions in the previous section 20 shall not apply if the user or persons under their control have carried out malicious actions under these Terms, or violated the rights or legitimate interests of third parties. In this case the E-store has the right to provide the user’s personal information when:
a) the information is required by competent public authorities or officials who according to the current legislation are entitled to request and collect such information in compliance with the statutory procedures;
b) has obtained the express consent of the user upon registration or at a later time;
c) other cases stipulated by law.
22. User account of a specific user can be deleted from the database along with the adjacent information at any time upon request by the user.
V. GENERAL OBLIGATIONS OF USERS WHEN USING THE WEBSITE AND PURCHASING GOODS
23. The E-store can be effectively used for the submission of purchase orders for goods offered therein only when the user sends a duly completed electronic form of the order, including:
a) type and number of goods subject to the purchase order;
b) unit and total final price of goods ordered;
c) costs of delivering the goods to the delivery address specified in the order;
d) full name of the user;
e) valid e-mail address of the user;
f) phone number of the user
g) delivery address for the goods ordered;
- full name of the person authorized by the user to receive the goods at the delivery address - if the user wishes to designate such a person;
h) data concerning the selected by the user method of payment - by bank transfer, through PayPal or E-pay systems;
i) if the user chooses to pay the price of goods by bank transfer - explicit statement that the said agrees to pay the price in advance;
j) explicit user consent for the conclusion of distance sales contract;
k) data for the invoice - if the user wants the issue of an invoice. Filling in incomplete, incorrect or wrong data in the purchase order makes the same invalid and release the E-store from any obligations relating to its acceptance and/or fulfilment.
24. The username with which user is registered does not confer any rights except the right to use the specific username in the information system of the E-store. When the user changes the username, the E-store does not check and is not responsible for the authenticity of the new username for whether it affects the rights of third parties and in particular the right to name or other personal rights, right to trade name (company), right to a trademark or other intellectual property rights.
25. When using the granted access to the electronic platform the user agrees: to observe the Bulgarian legislation, applicable foreign laws, these Terms, Internet ethics, rules of morality and decency; not to undermine the reputation of others and call for violent change of constitutional order, for commitment of a crime, for personal violence or incitement of racial, ethnic or religious hatred, not to preach fascist or other anti-democratic ideology, not to violate another's property or moral rights, including intellectual property rights; to immediately notify the E-store about any case of infringement committed or detected; not to interfere in the proper operation of the system, including but not limited to not frustrating the procedure of identification of other user, not having access outside those provided, not impairing or impeding the availability, reliability or quality of the access provided, and not using it in a way causing refusal of its use; not to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located on the website of the E-store and thus creating their own database in electronic or other form; not to impersonate another person or otherwise mislead others about their identity or affiliation to a particular group of people; not to carry out malicious actions under these Terms.
26. The purchase order of goods through the E-store can be made only after the user is familiar with these Terms and accepts them by marking the field (checkbox) "I agree with these Terms" before sending the order electronically.
27. The E-store does not allow sending orders in the presence of gaps under Art. 30 or upon absence of statement for accepting these Terms.
28. Purchase order is considered a proposal by the user to conclude a contract of sale. Purchase order does not bind ET NEKO - Nikolay Petrov. and the E-store until it is confirmed by ET NEKO - Nikolay Petrov.
29. Purchase order is an electronic statement within the meaning of the Electronic Document and Electronic Signature Act containing a purchase offer, according to the content of the order.
VI. CHECKING THE ACCURACY OF DATA PROVIDED BY THE USER AND AUTHENTICITY OF THE ORDER.
30. After receipt of the order the E-store checks the authenticity of the order, its validity and the accuracy of the delivery address by contacting the user to the e-mail or telephone provided by them.
31. After confirming the authenticity of the order submitted by the user and its attributes the E-store sends confirmation of order acceptance to the specified email address. The order confirmation contains all data under Art. 23, transport costs payable by the user, period for delivery and unique number of the accepted order.
32. When the user has indicated that they will make the payment by bank transfer, the confirmation contains also the bank account of the E-store, to which the payment shall be transferred. In these cases, the period for delivery shall run from the time of validation of the bank account of the E-store with the amount due. In the payment order or deposit slip the user should indicate the unique number of the order they submitted provided to them with the confirmation of its acceptance.
33. Subject to Art. 23, the purchase order shall be deemed accepted by the E-store and enforceable from the time of sending the electronic order confirmation by the E-store.
34. In case of absence of stock of goods requested, within the working day following the submission of the order, the E-store will inform the user of its exhaustion by sending a message to e-mail address or phone number specified by the user. The message shall indicate the period within which delivery may be performed. In these cases the user has the right to waive the submitted order, to confirm it as accepting the new delivery time, or to order other available product.
VII. CONCLUSION OF CONTRACT OF SALE
35. The contract of sale shall be deemed concluded at the time when the E-store sends electronic confirmation of acceptance of purchase order to the e-mail specified therein, except in cases under Art. 36 and Art. 37.
36. If the subject of the order under Art. 23 is goods to a value of over EUR 500 (five hundred) a written contract of sale is always concluded between the E-store and the user. In this case the purchase order is deemed accepted by the E-store and enforceable from the moment of signing the written contract. The E-store informs the user about the necessity of concluding a written contract of sale under these Terms within the procedure of checking the authenticity of the order and its validity under Art. 30.
37. For orders amounting to more than EUR 250, the contract takes effect after payment of 50% advance.
VIII. RIGHTS AND OBLIGATIONS OF THE PARTIES
38. The E-store shall:
a) transfer to the user the ownership of goods subject to the concluded distance sales contract;
b) deliver the specific goods on time
c) ensure conformity of the purchased goods with the concluded contract of sale.
39. The user shall
a) indicate complete, accurate and correct data under Art. 23;
b) pay the price of goods ordered by them;
c) pay delivery costs, if any;
d) provide access and opportunity to receive goods by themselves or by another person, which they have duly authorized to do so;
VIV. DELIVERY AND RECEIPT OF GOODS
40. The E-store delivers goods under enforceable (confirmed) orders by courier within 3-7 working days after the conclusion of the contract of sale.
41. Goods ordered may be received only by:
b) person authorized by the buyer to receive the goods under the procedure referred to in Art. 23 (with the order itself);
c) person expressly authorized by the buyer to receive the goods with duly written authorization;
d) person who explicitly confirms the authenticity and identity of the goods ordered and agrees to pay it in cash on behalf of the buyer;
e) person who presented original of a bank transfer order or deposit slip certified by a bank for payment of the price of the delivered goods.
42. In the event that no one is found at the address specified in the order under Art. 41 within the period of delivery, or there is no access or conditions for delivery of the goods within this period, the E-store is released from its obligation to deliver the goods covered by the purchase order.
43. If the user confirms their willingness to receive the goods ordered after the deadline for delivery, within which they were not found at the address, they take at their own expense the cost of additional delivery. Costs for the second delivery will be paid upon receipt of goods together with the total amount of the order and the first delivery.
44. Upon acceptance of the goods, the person under Art. 41 signs a document certifying receipt of delivery and fulfilment of the obligations of the E-store under Art. 54 of the Consumer Protection Act with contents in accordance with Annex No. 1 pursuant to these Terms.
45. In the event that the buyer is user, upon receipt of delivery the person under Art. 41 receives a copy of written information, including:
a) up-to-date data of the E-store under Art. 13 and business address to which the user can send complaints;
b) user's right to withdraw from the concluded contract, the terms and conditions for exercising this right;
c) data for services provided after the sale and guarantees provided. Upon receipt of delivery, the person under Art. 41 signs a copy of the provided information that remains at the courier company and is transmitted to the E-store.
X. REFUSAL TO ACCEPT ORDERED AND DELIVERED GOODS. WITHDRAWAL FROM CONTRACT
46. The customer has the right to refuse to accept the goods subject to an order submitted by them, when:
a) the delivered goods do not correspond to those requested by the user and this can be established through its regular examination;
b) the price that the user shall pay does not correspond to the price payable;
c) the user is a natural person and exercises their right under Art. 47.
For the cases of refusal to accept the goods, a protocol shall be drawn at the time of delivery describing the reasons for refusal. In the cases under item "a" above, and if the user does not express another wish, the goods is subject to replacement with such corresponding to that contracted. The costs of replacing the goods are borne by the E-store.
47. If the user is a natural person, they are entitled to terminate the contract of sale within 7 working days of delivery. In these cases, the costs of returning the product are borne by the buyer. The product should be in the form in which it is delivered - its container should not be impaired (shipment packing may be opened), stained or otherwise damaged. The right under this section may be exercised also by refusing to accept the delivery.
48. In the cases under Art. 46 and Art. 47, if the user has paid the price of the product, the E-store reimburses the amounts paid within 10 working days. If the user has refused to accept the goods because of its non-compliance with that agreed and the said is subject to replacement, paragraph VI shall apply accordingly and a new delivery shall be made.
49. Claims for defects of delivered by the E-store goods are made on the grounds and procedure provided for in the Obligations and Contracts Act, Consumer Protection Act and other applicable regulations.
XII. SETTLEMENT OF DISPUTES
50. Pursuant to Art. 117, Para. 2 of the Civil Procedure Code, any disputes between the E-store and persons who are not users under the Consumer Protection Act are settled by the competent courts in Varna.
XIII. CONTACT INFORMATION
ET NEKO - Nikolay Petrov.
Headquarters and registered seat: 4 St. Karadja st., Varna, Bulgaria
Varna, Rivera Holiday Club, store TERGAN ®
+359 878 243 164
Questions, suggestions, claims and complaints: firstname.lastname@example.org
Orders and specific requirements: email@example.com
Other issues: firstname.lastname@example.org
These Terms are announced on the website store.tergan.bg on January 11, 2011. with effect from January 11, 2011 and are applicable to all purchase orders submitted on or after that date.
All rights reserved!
ET NEKO - Nikolay Petrov