*DISCLAMER* The following text is auto translated, for legal purposes the original text in Bulgarian will be taken into account.
GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between "Car Embassy" Ltd., Sofia, Lyulin district, block 351, floor 5, apartment 23, hereinafter referred to as the SUPPLIER, and the clients, hereinafter referred to as USERS, of the online store www.carembassy.com, hereinafter referred to as “ONLINE STORE”.
II. SUPPLIER INFORMATION
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Name of the Supplier: "Car Embassy" Ltd.
Headquarters and management address: Sofia, Lyulin district, block 351, floor 5, apartment 23
Business address: Sofia, Lyulin district, block 351, floor 5, apartment 23
Correspondence data: Sofia, Lyulin district, block 351, floor 5, apartment 23
Registration in public registers: Company ID 206470304
Supervisory authorities: (1) Commission for Personal Data Protection Address: Sofia 1592, Prof. Tsvetan Lazarov Blvd № 2, Phone: (02) 940 20 46 Fax: (02) 940 36 40 Email: kzld@government.bg, kzld@cpdp.bg Website: www.cpdp.bg
(2) Consumer Protection Commission Address: 1000 Sofia, Slaveykov Sq. № 4A, floors 3, 4 and 6, Phone: 02 / 980 25 24 Fax: 02 / 988 42 18 Hotline: 0700 111 22 Website: www.kzp.bg
VAT registration number: BG206470304
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is accessible at www.carembassy.com, through which USERS have the opportunity to conclude sales and delivery contracts for goods offered by the ONLINE STORE, including the following:
Art. 4. The Supplier delivers the goods and ensures the rights of the Users, provided by law, within the limits of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users conclude a contract for the purchase and sale of goods offered by the ONLINE STORE through the interface of the Supplier, accessible on its webpage on the Internet or another remote communication means. (2) By virtue of the contract concluded with the Users, the Supplier undertakes to deliver and transfer ownership of the goods specified by them through the interface. (3) Users pay the Supplier a fee for the delivered goods according to the terms defined on the ONLINE STORE and these general terms. The fee is the price announced by the Supplier on the ONLINE STORE's address on the Internet. (4) The Supplier delivers the ordered goods within the time limits and under the conditions determined by the Supplier on the electronic store's page and according to these general terms. (5) The price for delivery is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the sales contract 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 electronic statements made by Users on the site are made by the persons specified in the data provided by the User during registration if the User has entered the corresponding name and password for access.
IV. USE OF THE ONLINE STORE
Art. 7. (1) To use the ONLINE STORE to conclude sales contracts for goods, the User must enter a selected name and password for remote access, in cases where the online store requires registration. (2) The name and password for remote access are determined by the User through electronic registration on the Supplier's website. (3) By entering their data and pressing the "Yes, I accept" or "Registration" buttons, the User declares that they are familiar with these general terms, agree with their content, and unconditionally undertake to comply with them. (4) The Supplier confirms the registration performed by the User by sending a letter to the email address provided by the User, to which information for activating the registration is also sent. The User confirms the registration and the conclusion of the contract through an electronic link in the letter, which notifies them of the registration performed by the Supplier. After confirmation, an account is created for the User, and contractual relations arise between them and the Supplier. (5) When registering, the User undertakes to provide accurate and current data. The User timely updates the data stated in their registration in case of changes. (6) To use the full functionality of the electronic store of the Supplier, the User undertakes to register on the website of the electronic store. The Supplier is not responsible if, due to the lack of registration, the User has been unable to use the full functionality of the electronic store, including regarding the exercise of rights under the contract, the possibility of claiming a lower price, and other similar functions. (7) These general terms can be accepted by the Users even without performing a registration in the ONLINE STORE through an explicit declaration of will, including through the website of the ONLINE STORE.
Art. 8. (1) The email address provided at the initial registration of the User, as well as any subsequent email address used for exchanging statements between the User and the Supplier, is the "Primary Email Address" within the meaning of these general terms. The User has the right to change their Primary Contact Email Address. (2) Upon receiving a request to change the Primary Contact Email Address, the Supplier sends a request for confirmation of the change. The request for confirmation is sent by the Supplier to the new Primary Contact Email Address specified by the User. (3) The change of the Primary Contact Email Address is made after confirmation by the User, expressed through a link contained in the request for confirmation, sent by the Supplier to the specified new Primary Contact Email Address. (4) The Supplier informs the User about the change made by sending an electronic letter to the specified User's Primary Contact Email Address before the change is made under paragraph 2. (5) The Supplier is not responsible to the User for the unauthorized change of the Primary Contact Email Address. (6) The Supplier may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
Art. 9. (1) Users primarily use the interface of the Supplier's page to conclude contracts for the sale of goods offered by the Supplier in the ONLINE STORE. (2) The contract is concluded in Bulgarian. (3) The contract between the Supplier and the User consists of these general terms, accessible on the website of the ONLINE STORE. (4) The party to the contract with the Supplier is the User according to the data provided during registration and contained in the User's personal profile. To avoid doubt, these are the data with which an account is created at the Supplier. (5) The Supplier includes in the interface of its Internet page technical means for identifying and correcting errors in entering information before making the statement to conclude the contract. (6) This contract is considered concluded from the moment of registration of the User at the Supplier or the acceptance of the general terms in another explicit way, including through a statement on the Supplier's website. The contract for the sale of goods is considered concluded from the moment the User orders them through the interface of the Supplier. (7) For the conclusion of this contract and for the conclusion of the contract for the sale of goods, the Supplier expressly notifies the User in an appropriate manner through electronic means. (8) The statement for the conclusion of the contract and the confirmation of its receipt are considered received when their addressees have access to them. (9) The Supplier delivers the goods to the address specified by the Users and is not responsible if the data provided by the Users are incorrect or misleading. (10) The Supplier reserves the right to refuse the conclusion of a new contract or to terminate a contract if the User has been incorrect in fulfilling the terms of a previously concluded contract. (e.g., the goods were not taken from the Courier within 1 week after delivery)
Art. 10. (1) Users conclude the contract for the sale with the Supplier by the following procedure: Performing registration in the ONLINE STORE and providing the necessary data if the User has not yet registered in the ONLINE STORE or by ordering goods without performing registration; Entering the system for placing orders in the ONLINE STORE by identifying with a name and password or another method of identification; Selecting one or more of the goods offered by the ONLINE STORE and adding them to a list of goods for purchase; Providing data for performing the delivery; Choosing the method and timing of payment of the price. Confirmation of the order; (2) Users may conclude the contract for sale with the Supplier without performing registration, by using the corresponding functionality in the interface of the electronic store.
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these general terms apply to Users for whom, according to the data specified for concluding the contract for sale or upon registration in the ONLINE STORE, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, 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 good on the website of the ONLINE STORE. (2) The price of the goods including all taxes is determined by the Supplier in the profile of each good on the website of the ONLINE STORE. (3) The value of postal and transportation expenses, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following moments before concluding the contract:
Art. 13. (1) The User agrees that the Supplier has the right to receive advance payment for the contracts for sale of goods and their delivery concluded with the user. (2) The User independently chooses whether to pay the Supplier the price for delivery of the goods before or at the moment of their delivery.
Art. 14. (1) The User 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 through the uniform form for withdrawal from the contract, available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Users may also use another unambiguous statement that can be recorded on a durable medium. (2) The right of withdrawal under para. 1 does not apply in the following cases:
Art. 15. (1) The delivery time of the goods and the initial moment from which it runs are determined for each good separately when concluding the contract with the user through the website of the Supplier, unless the goods are ordered in one delivery. (2) In case the user and the Supplier have not determined a term for delivery, the delivery time of the goods is 30 working days, counted from the date following the sending of the order by the user to the Supplier through the website of the electronic store. (3) If the Supplier cannot perform the contract because he does not have the ordered goods, he is obliged to inform the User and to refund the sums paid by him.
Art. 16. (1) The Supplier hands over the goods to the user after verifying the fulfillment of the information provision requirements to the user according to the Consumer Protection Act. (2) The User and the Supplier verify the circumstances under para. 1 in writing at the time of delivery through a handwritten signature, unless otherwise agreed. (3) The User and the Supplier agree that the requirements under para. 1 will be met if the verification is performed by a person who, according to the circumstances, can be concluded will pass the information to the user – the party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Supplier delivers and hands over the goods to the User within the period specified when concluding the contract.
Art. 18. The User must inspect the goods at the moment of delivery and handing over by the Supplier and if they do not meet the requirements to notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Supplier takes measures to protect 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 Supplier will send the data only to an email address that was specified by the Users at the moment of registration. (3) The Supplier accepts and announces on its website a Policy for the Protection of Personal Data. (4) Users agree that the Supplier has the right to process their personal data, necessary for fulfilling the orders in the electronic store and the performance of the contract.
Art. 20. (1) At any moment, the Supplier has the right to require the User to authenticate and to verify the authenticity of each of the circumstances and personal data declared during registration. (2) In case, for some reason, the User has forgotten or lost their name and password, the Supplier has the right to apply the announced Procedure for lost or forgotten names and passwords.
IX. AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 21. (1) These general conditions may be amended by the Supplier, for which the latter will notify in an appropriate manner all Users who have registration. (2) The Supplier and the User agree that any additions and amendments to these general conditions will take effect towards the User after the Supplier explicitly notifies them and if the User does not declare within the 30-day period provided that they reject them. (3) The User agrees that all statements of the Supplier, in connection with the amendment of these general conditions, will be sent to the email address specified by the User at the time of registration. The User agrees that the electronic mails sent under this article do not need to be signed with an electronic signature to have effect towards him. Art. 22. The Supplier publishes these general conditions at the address of its website together with all additions and amendments to them.
X. TERMINATION
Art. 23. These general conditions and the User's contract with the Supplier terminate in the following cases: upon termination and announcement in liquidation or announcement of insolvency 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-fulfillment of the obligations of the other party; in case of objective impossibility of one of the parties to the contract to perform its obligations; in case of seizure or sealing of the equipment by state authorities; in case of deletion of the User's registration on the website of the ONLINE STORE. In this case, the concluded but unfulfilled contracts for sale remain in force and are subject to performance; in case of exercising the right of withdrawal according to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the ordered goods is terminated, if the right of withdrawal is applicable to the respective category of goods.
XI. OTHER CONDITIONS
Art. 24. The eventual invalidity of any of the provisions of these general conditions does not lead to the invalidity of the entire contract.
Art. 25. For issues not regulated in this contract, related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria apply.
Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.