GENERAL TERMS AND CONDITIONS OF E-SHOP Miami-Bag.com
I. SUBJECT OF
ART. 1. These general terms and conditions are intended to regulate the relations between “Agro Progress 88” Ltd., Velingrad, hereinafter referred to as SUPPLIER, and customers, hereinafter referred to as USERS, the online store www.miami-bag.com , hereinafter referred to as the “E-SHOP”.
ІІ. DATA ON THE SUPPLIER
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: Agro Progress 88 EOOD
2. Headquarters and address of management and correspondence: Velingrad, Gerasim Popov Str.
3. Registration in public registers: UIC 201690531
III. CHARACTERISTICS OF E-SHOP
Art. 3. The e-shop is available at the Internet address www.miami-bag.com, through which Users have the opportunity to enter into contracts for the sale and delivery of goods offered by the E-SHOP, including the following:
1. To register and create a profile for viewing the E-SHOP and using the additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the E-SHOP through the interface of the E-SHOP page, available on the Internet;
3. To conclude contracts for purchase and sale and delivery of goods offered by the E-SHOP;
4. To make any payments in connection with the concluded contracts with the E-SHOP, according to the payment methods maintained by the E-SHOP.
5. To receive information about new products offered by the E-SHOP;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be informed about the rights arising from the law mainly through the interface of the E-SHOP page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier, for which the right of withdrawal is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users enter into a contract for purchase and sale of goods offered by the E-SHOP through the interface of the Provider, available on its website or other means of distance communication.
(2) Pursuant to the contract concluded with the Users for purchase and sale of goods, the Provider is obliged to deliver and transfer the ownership of the User to the goods determined by him through the interface.
(3) The users pay to the Provider remuneration for the delivered goods according to the conditions determined on the E-SHOP and the present general conditions. The remuneration is in the amount of the price announced by the Provider at the address of the E-SHOP on the Internet.
(4) The Provider delivers the goods ordered by the Users within the terms and under the conditions determined by the Provider on the website of the e-shop and in accordance with these general conditions. (5) The price for the delivery shall be determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and performance of the contract of sale may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User when registering, if the User has entered the appropriate name and password for access.
IV. USE OF E-SHOP
Art. 7. (1) In order to use the E-SHOP for concluding contracts for purchase and sale of goods, the User should enter his chosen name and password for remote access, in cases where the e-shop requires registration.
(2) The name and the password for remote access are determined by the User by electronic registration on the website of the Provider.
(3) By filling in his data and pressing the buttons “Yes, I accept” or “Registration”, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information for activating the registration is sent. The User confirms the registration and conclusion of the contract by electronic reference in the letter notifying him of the registration sent by the Provider. After the confirmation, an account of the User is created and a contractual relationship arises between him and the Provider.
(5) Upon registration, the User undertakes to provide accurate and up-to-date data. The user promptly updates the data specified in his registration in case of change.
(6) In order to use the full functionality of the e-shop of the Provider, the User undertakes to register on the website of the e-shop. The Provider is not liable if due to lack of registration the User could not use the full functionality of the e-shop, including in terms of exercising rights under the contract, the ability to claim a lower price and other similar functions.
(7) These general terms and conditions may be accepted by the Users without registration in the E-SHOP through an explicit statement of intent, including through the website of the E-SHOP.
Art. 8. (1) The e-mail address provided during the initial registration of the User, as well as any subsequent e-mail address used for the exchange of statements between the User and the Provider, is “Primary e-mail address” within the meaning of these general conditions. The user has the right to change his Primary contact email address.
(2) Upon receipt of an application for change of the Main contact e-mail address, the Provider shall send a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact e-mail address specified by the User.
(3) The change of the Primary contact e-mail address is made after confirmation by the User, expressed by a reference contained in the request for confirmation sent by the Provider to the new Primary contact e-mail address specified by the User.
(4) The Provider informs the User about the change, by e-mail, sent to the main contact e-mail address specified by the User before making the change under para. 2.
(5) The Provider shall not be liable to the User for illegal change of the Main contact e-mail address.
(6) The Provider may require from the User the use of the Main contact e-mail address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AGREEMENT
Art. 9. (1) The users mainly use the interface of the Provider’s website in order to conclude contracts for purchase and sale of the goods offered by the Provider in the E-SHOP. (2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User represents the current general conditions, available on the website of the E-SHOP.
(4) A party to the contract with the Provider is the User according to the data provided during registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data with which the account with the Provider has been created.
(5) The provider shall include in the interface of its website, technical means for establishing and correcting errors in the input of information, before the statement for concluding the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Provider or acceptance of the general conditions in another explicit manner, including through a statement on the website of the Provider. The contract for purchase and sale of goods is considered concluded from the moment of its application by the User through the interface of the Provider.
(7) For the conclusion of this contract and for the conclusion of the contract for purchase and sale of goods, the Provider shall explicitly notify the User in an appropriate manner by electronic means. (8) The statement for concluding the contract and the confirmation for its receipt shall be considered received when their addressees have access to them.
(9) The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data provided by the Users are incorrect or misleading.
Art. 10. (1) Users enter into a contract of sale with the Provider under the following procedure:
Registration in the E-SHOP and providing the necessary data, if the User has not yet registered in the E-SHOP or by ordering goods without registration ;
Entering the system for placing orders in the E-SHOP by identifying with a name and password and other means of identification;
Selecting one or more of the goods offered on the E-SHOP and adding them to the list of goods for purchase;
Providing data for delivery;
Choice of method and time for payment of the price.
Confirmation of the order;
(2) Users may enter into a contract of sale with the Provider without registration, using the relevant functionality in the interface of the e-shop
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these General Terms and Conditions apply to Users for whom, according to the data specified for the conclusion of the contract of sale or registration in the E-SHOP, it can be concluded that they are users within the meaning of the Act on Consumer Protection, the Electronic Commerce Act and / or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the site of the E-SHOP.
(2) The price of the goods including all taxes is determined by the Supplier in the profile of each product on the site of the E-SHOP.
(3) The value of postage and transport costs not included in the price of goods is determined by the Provider and provided as information to Users at one of the following points before the contract:
– In the profile of each of the goods on the Supplier’s website. E-SHOP;
– When choosing the goods for concluding the contract of sale;
(4) The manner of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the website of the Provider.
(5) The information provided to the Users under this Article is current at the time of its visualization on the website of the Provider before the conclusion of the contract of sale.
(6) The supplier must indicate the conditions for delivery of the individual goods on its website.
(7) The supplier shall indicate before the conclusion of the contract the total value of the contract for all goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform of the E-SHOP or e-mail.
Art. 13. (1) The consumer agrees that the Provider has the right to accept advance payment for the contracts concluded with the consumer for purchase and sale of goods and their delivery. (2) The consumer chooses independently whether to pay the Supplier the price to deliver the goods before or at the time of delivery.
Art. 14. (1) The consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods through the uniform form for withdrawal from the contract, available on the site of the Provider. Information on exercising the right of withdrawal is available on the website of the Provider. Users can also use another unambiguous statement, which can be recorded on a durable medium.
(2) The right of refusal under para. 1 shall not be applied in the following cases:
1. for delivery of goods, made by order of the consumer or according to his individual requirements;
2. for delivery of goods, which due to their nature may deteriorate their quality or have a short shelf life;
3. for delivery of sealed goods, which are unsealed after their delivery and cannot be returned due to reasons related to hygiene or health protection;
4. for delivery of goods, which after they have been delivered and due to their nature have been mixed with other goods, from which they cannot be separated;
5. for delivery of sealed sound recordings or video recordings or sealed computer software, which are printed out after the delivery;
6. for delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications;
(3) When the Provider has not fulfilled its obligations to provide information specified in the Consumer Protection Act, the Consumer has the right to withdraw from the contract within one year and 14 days from the date of receipt of the goods. When the information is provided to the user within the withdrawal period, it begins to run from the date of its provision. The user has the right to send a statement of withdrawal under this article directly to the Provider through the single withdrawal form available on the Provider’s website .
(4) When the User has exercised his right to withdraw from the distance or off-premises contract, the Provider shall reimburse all amounts received by the User, including delivery costs, without undue delay and no later than 14 days from the date on which he was notified of the User’s decision to withdraw from the contract. The Provider shall refund the amounts received using the same means of payment used by the User in the initial transaction, unless the User has expressly agreed to use another means of payment and provided that this does not involve costs for the User. In case the payment is made with a bank card, the refund is made by ordering a reverse operation on the card with which the payment was made within 10 days.
(5) When exercising the right of refusal, the costs for returning the delivered goods shall be at the expense of the consumer and the costs for returning the goods shall be deducted from the amount paid by the consumer under the contract. The Supplier is not obliged to reimburse the additional costs for delivery of the goods, when the User has explicitly chosen a method of delivery of the goods, other than the cheapest type of standard delivery offered by the Supplier.
(6) The consumer is obliged to store the goods received by the Supplier and to ensure the preservation of their quality and safety during the term under para. 1.
(7) The User may exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider through the standard form for withdrawal from the contract, available on the website of the E-SHOP.
(8) When the Supplier has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer until he receives the goods or until the Consumer provides proof that he has sent the goods back, whichever occurs. earlier.
Art. 15. (1) The term of delivery of the goods and the starting point from which it runs is determined for each product separately when concluding the contract with the consumer through the website of the Supplier, unless the goods are ordered in one delivery.
(2) In case the consumer and the Provider have not set a delivery time, the delivery time of the goods is 30 working days from the date following the sending of the consumer’s order to the Provider through the e-shop website.
(3) If the Supplier cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and to refund the amounts paid by him.
Art. 16. (1) The supplier shall hand over the goods to the consumer after certifying the fulfillment of the requirements for providing information to the consumer according to the Consumer Protection Act.
(2) The User and the Provider shall certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under para. 1 will be observed if the certification is performed by a person for whom, according to the circumstances, it can be concluded that he will transmit the information to the consumer – party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Supplier delivers and delivers the goods to the User within the term specified at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and delivery by the Supplier and if it does not meet the requirements to notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider shall take measures for protection of the personal data of the User according to the Personal Data Protection Act.
(2) For reasons of security of the personal data of the Users, the Provider will send the data only to the e-mail address, which was indicated by the Users at the time of registration.
(4) The users agree that the Provider has the right to process their personal data necessary for the execution of orders in the e-shop and the execution of the contract.
Art. 20. (1) At any time, the Provider has the right to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration.
(2) In case for any reason the User has forgotten or lost his name and password, the Provider has the right to apply the announced Procedure for lost or forgotten names and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Provider, for which the latter will notify in an appropriate manner all Users who have registration. (2) The Provider and the User agree that any additions and amendments to these general conditions will have effect on the User after his explicit notification by the Provider and if the User does not state within 30 days that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.
Art. 22. The Provider publishes these general terms and conditions on its website address together with all additions and amendments thereto.
Art. 23. The present general conditions and the contract of the User with the Provider are terminated in the following cases:
upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
by mutual consent of the parties in writing;
unilaterally, with notice from each of the parties in case of non-compliance with the obligations of the other party;
in case of objective impossibility of any of the parties to the contract to perform its obligations;
in case of seizure or sealing of the equipment by state bodies;
in case of deletion of the User’s registration on the site of the E-SHOP. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;
in case of exercising the right of refusal according to art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for delivery of the respective ordered goods is terminated, if the right of withdrawal from the contract is applicable to the respective category of goods.
XI. OTHER CONDITIONS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.