GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS UNDER THE ELECTRONIC TRADING WEB SITE
General conditions of distance and distance contracts within the meaning of the Consumer Protection Act between
on-line shop "KAKTUS", registered in Sofia, hereinafter referred to as PROVIDER, on the one hand,
and on the other - the person who has consented to the present "General Terms and Conditions", hereinafter referred to as USER, in connection with the ordering and purchase of the goods offered through the e-shop www.fashion-cactus.com.
Art. 1. The Provider provides the User with the ability to purchase the goods offered at www.fashion-cactus.com in the electronic shop, subject to these Terms and Conditions.
Art. 2. The provider publishes at www.fashion-cactus.com
• a description of the main features and image of each item, as indicated by the manufacturer;
• the sale price, including VAT, as well as a postage, courier or transport cost price not included in the price of the goods related to their delivery;
• information on the payment, delivery and performance of the contract;
• the right of the consumer and the conditions and manner of exercising the right to withdraw from the contract and the conditions under which the goods can be returned, except in the case of the "Consumer Protection Act";
• the period for which the offer and the price remain valid;
• the minimum duration of the contract - for contracts for the permanent or periodical delivery of goods or services;
• any other information that the provider is obliged under Bulgarian law to provide promptly to the User prior to the purchase of the Goods by the User.
Art.3. In order to obtain the right to make valid requests to purchase the goods offered at www.fashion-cactus.com, the User must fill in the electronic registration form, available at www.fashion-cactus.com When filling in the electronic registration form The user is obliged to provide the required and correct data, as well as to update them within seven days of their change. The user ensures that the data he provides during the registration process is true, complete and accurate, and when modified, he will update them in a timely manner. In thcase that User provides untrue data or does not reflect any changes within the time limit under the preceding paragraph, the Supplier shall have the right to terminate the contract by suspending without notice the maintenance and access of the User to his / her account. Before the statement is made, the User may freely correct the information he has entered in the registration form.
Art. 4. By the act of registering, the User expresses "online" consent to these Terms and Conditions, which he / she considers to be bound by their terms. From the time the User is bound to the terms of these Terms and Conditions, it is possible for the user to make valid requests to purchase the goods offered through www.fashion-cactus.com.
Art. 4.1. With the registration of the User, the User agrees to receive the Online Shop Newsletter www.fashion-cactus.com
In the event that the User does not wish to receive the Bulletin, he / she must explicitly inform the Provider by sending his / her application via e-mail to firstname.lastname@example.org.
Art.5. The user is given access to the purchase request form by entering the valid username and password in the corresponding places on the website and pressing the virtual LOGO button. The submission and execution of a request is made by following the following actions: determination of the type and size of the goods and confirmation of the type and size of the goods by pressing a virtual "Buy" button, marked with a relevant commodity followed by the quantity of the goods and the method of payment and confirmation of the request by pressing the virtual button "To the cashier", which is immediately below the virtual buttons for the quantity of the goods and the way of their payment. If a request is made, the e-shop www.fashion-cactus.com will notify the User of the requested request at the email address specified at registration. A store representative takes action to contact the User in order to specify the delivery time of the requested goods.
Art.6. All prices are in BGN, including VAT. The stated prices of the individual goods are for the respective number and do not include the delivery costs.
Art.7. The price under Art. 6 and the cost of delivery can be paid only with cash on delivery, as the User undertakes to pay the purchase price of the goods purchased and the courier services not included in this price related to its delivery.
Art.8. The goods ordered for purchase are delivered in a suitable packaging according to their type and transport of the delivery address specified by the User in a sufficient period according to the circumstances, agreed between the Representative of the KAKUST electronic shop and the User.
Art. 9. Goods are delivered to the delivery address of the User or of a third party representative of the User, who accepts and acknowledges the receipt thereof on behalf of the User. Upon delivery of the goods the User or the third person - representative of the User signs the accompanying documents serving as confirmation of the delivery of the goods. In the event that the User is not found within the delivery period at the address specified by him / her, or if there is no access and conditions for the delivery of the Goods within this period, the Supplier shall be relieved of its obligation to deliver the requested product. The user can confirm his willingness to receive the goods after the expiration of the delivery period in which he has not been found at the address, assuming all delivery costs. In this case, a new delivery time starts to run from the time of confirmation under the preceding sentence.
Art.10. The Provider undertakes: to transfer to the User the factual power of the purchased product after receiving from the Supplier or his representative the purchase price of the particular good; to deliver on time the goods ordered for purchase; to exercise due diligence in the performance of its duties.
Art. 11. The supplier is entitled:
- place electronic links to other websites and resources for the sale of goods and the provision of services by third parties, including electronic links pointing to other websites and profiles; - to send to the User newsletters for the receipt of which the User has subscribed; - collect and use information about their users when they are registered, which may include name, surname, surname, address, profession, gender, age group, telephone, e-mail address for correspondence, and any other information provided its registration and any other that is introduced or provided upon requesting, receiving or using the provided.
Art. 12. Supplier:
• takes care that store information is always true and up-to-date but does not guarantee the accuracy and completeness of the information;
• is not responsible for not providing access to the store as well as for the non-processing or inappropriate handling of purchase requests in circumstances beyond its control - cases of force majeure, incidental events, problems in the global Internet network;
• does not guarantee that access to the store will be uninterrupted, timely, secure and error-free as far as it is beyond its capabilities, control and will;
• insofar as it does not have the ability to modify, control or otherwise influence the quality and suitability for use of the goods claimed by the User, is not responsible for their compliance with the applicable regulatory requirements and their qualities;
• is not responsible for damages caused to software, hardware or telecommunication equipment or for loss of data resulting from materials or resources searched, loaded, or used in any way through it;
• as long as there is no objective possibility and obligation and does not control the Internet.
• is not responsible for the unlawful nature of the content and materials on these websites and resources;
• is not responsible for damages and lost profits resulting from the use, access or unreliability of these materials and content;
• there is no obligation and objective ability to control the way the user uses the store.
Art. 13. The user undertakes:
• specify a precise and valid phone, shipping address, and email address for correspondence;
• pay the price of the goods he has requested;
• pay the cost of delivery, except in cases where the cost of delivery remains at the expense of the Supplier;
• receive the goods;
• take all care and take the necessary measures that are reasonably required to protect his / her password;
• Not to disclose to third parties his / her password and answer to the secret question and to notify the Provider immediately in the event of unauthorized access to his or her profile and, if so,
• In view of the specificity of Internet protocols and the security of password protection, terminate the session in which he / she entered his / her profile by pressing the virtual exit button;
• Not to submit fake or invalid queries or other false information. The user bears full responsibility for the protection of his / her password, as well as for all actions performed by him / her or by a third person using it.
Art.14. The user is entitled to:
• online access to the Provider, subject to the terms and conditions of access, except in circumstances beyond the control of the Provider - cases of force majeure, incidental events, problems in the global Internet network;
• Online access and correction of your personal data;
• refuse to receive the goods ordered by him for purchase in compliance with the legal requirements / the Law on Obligations and Contracts, the Consumer Protection Act;
• to receive in full the sums paid by him, in cases of undue payment;
Art.15. The user undertakes:
• comply with the terms and conditions for claiming and requesting replacement parts, terms and conditions posted on the e-commerce website www.fashion-cactus.com, and declare that it is considered bound by these terms and conditions
• to observe the Bulgarian legislation, the present General Terms and Conditions, the Internet ethics, the rules of morality and good manners;
• not to violate any other non-pecuniary or non-pecuniary rights, including intellectual property rights;
• to notify the Provider immediately of any violation committed or discovered when using the store;
• not interfere with the proper operation of the system, including but not limited to not hindering another user's authentication process, not accessing outside of its system, preventing other users from using the store;
• not to retrieve technically or technically information resources or parts of information resources belonging to the databases located in the store and thus not to create its own database in electronic or other form;
• Not to be represented as another person or representative of a legal person or group of persons who is not authorized to represent or otherwise mislead third persons as to their identity or belonging to a particular.
In the event of non-compliance with the obligations, the Supplier is entitled immediately and without prior notice to suspend the User's and third party's access to his / her profile, as well as the right to indemnity for all damages and lost profits which are a direct and immediate consequence of the non-fulfillment of the obligations of the previous subparagraph of the User. In such cases, the Contractor shall have the right to refer the matter to the competent state authorities to establish the breach.
Art. 16. Upon termination of the contract, the Provider takes action to deactivate the user profile and delete the password to access the user profile.
Art.17. The user can request a deletion of his / her account at any time. In this case, the deletion is performed only after all valid applications have been executed and payment of the due price and delivery costs respectively.
Art. 18. The contract between the parties shall be terminated also in the event of any of the following circumstances: termination of the activity by the Provider; terminating store maintenance; with a one-week notice to the other party in case of non-performance of its obligations under the contract or in other cases provided for by law.
Art. 19. The User is obliged to indemnify the Provider and all third parties for all damages and lost profits, including any costs and fees paid, fees paid, court fees incurred as a result of actions brought by third parties in connection with non-fulfillment of the obligations of the User under this Agreement, violation of Bulgarian law, applicable foreign laws, present Terms and Conditions, good morals and / or Internet ethics. The user is also obliged to compensate the Provider for all damages caused by third parties to whom he / she has given his / her password using the same.
Art. 20. The parties declare that if any parts of these Terms and Conditions are invalidated, this will not invalidate these Terms and Conditions, and the individual invalid clauses will be deemed to be superseded by mandatory law.
Art. 21. All disputes between the parties are resolved in a spirit of understanding and goodwill. In the event that consent is not reached, any unresolved disputes arising out of, or relating to, the parties to the contract, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill gaps in the contract or its adaptation to newly emerging circumstances, will be settled by the court in Sofia.
Art. 22. The written form is deemed to be met by sending an e-mail, pressing an electronic button on a content page that is filled in by the User or a field mark on the Supplier's website and the like, as long as the statement is written technically in a way that allows be reproduced.
The terms and conditions may be changed unilaterally by the Provider, who, after making the changes, undertakes to notify the User by sending a message to the User by e-mail and / or publishing it on the website. Changes to the Terms and Conditions do not affect the relationship between the User and the Provider arising from a valid pre-notification Purchase Order.
For the outstanding issues, the provisions of the legislation in force in the Republic of Bulgaria shall apply.