GENERAL TERMS AND CONDITIONS OF E-SHOP YANA LTD.
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between YANA LTD., Burgas, UIC 102004258, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-shop SHOP.YANABG.COM, also called "E-SHOP".
ІІ. SUPPLIER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: YANA LTD
2. Headquarters and address of management: Burgas
3. Correspondence data: tel: +359 886088555
4. Entry in the public registers: UIC 102004258
5. Supervisory authorities:
(1) Commission for Personal Data Protection Address: Sofia, 15, Ivan Evstatiev Geshov Str., Tel .: (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, 4A Slaveykov Square, fl. 3, 4 and 6, tel .: 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22 Website: www.kzp.bg.
(3) Internet platform for consumer dispute resolution (ODR) of the European Commission (EC) according to EU Regulation No. 524/2013 - https://webgate.ec.europa.eu/odr/main/index.cfm?event= main.home.show & lng = BG
III. CHARACTERISTICS OF YANA LTD
Art. 3. YANA LTD is an e-shop, available at the address on Internet SHOP.YANABG.COM, through which the Users have the opportunity to conclude contracts for sale and delivery of the goods offered by YANA LTD, including following, as well:
1. To perform registration and creation of a profile for review of YANA LTD and use of the additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with YANA LTD through the interface of the website of YANA LTD, available on Internet;
3. To conclude contracts for purchase and sale and delivery of the goods offered by YANA LTD;
4. To make any payments in connection with the concluded contracts with YANA LTD, according to the payment methods maintained by YANA LTD.
5. To receive information about new goods offered by YANA LTD;
6. To go over the goods, their characteristics, prices and delivery conditions;
7. To be notified of the rights arising from the law mainly through the interface of the website of YANA LTD on Internet;
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 accepted in the practice, consumer or commercial law.
Art. 5. (1) Users enter into a contract for purchase and sale of goods offered by SHOP.YANABG.COM through the interface of the Supplier, available on its website at Shop.yanabg.com or other means of distance communication.
(2) By virtue of the contract concluded with the Users for purchase and sale of goods, the Supplier is obliged to deliver and transfer the ownership of the goods determined by him through the interface to the User.
(3) The Users pay to the Supplier remuneration for the delivered goods according to the conditions determined to YANA LTD and the present general conditions. The remuneration is in the amount of the price announced by the Supplier at the address of YANA LTD on Internet.
(4) The Supplier delivers the goods ordered by the Users within the terms and under the conditions determined by the Supplier on the website of the e-shop and according to the present 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 Supplier agree that all statements between them in connection with the conclusion and execution 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 respective name and password for access.
IV. USE OF THE ONLINE STORE OF YANA LTD
Art. 7. (1) In order to use Shop.yanabg.com for concluding contracts for purchase and sale of goods, the User should enter a name and password chosen by him 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 registration electronically on the website of the Supplier.
(3) By filling in his data and pressing the buttons "Yes, I accept" and "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 Supplier confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information about the registration is also sent.
(5) Upon registration, the User is obliged to provide accurate and up-to-date data. The user promptly updates the data specified in his registration in case of change.
(6) In case a profile in web social networks or other networks is used for registration of the User, a party to the contract is the person who is the holder of the profile used for registration in the respective social or other network. In this case, the Supplier has the right to access the data necessary to identify the User in the relevant social or other network.
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 exchange of statements between the User and the Supplier, 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) The Supplier shall not be liable to the User for illegal change of the Main contact e-mail address.
(3) The Supplier may require from the User the use of the Main contact e-mail address in specific cases.
(4) The Supplier may use the Main Contact Email Address to send additional information about Shop.yanabg.com, including new products, promotions, etc.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
Art. 9. (1) The Users mainly use the interface of the Supplier’s page in order to conclude contracts for purchase and sale of the goods offered by the Supplier in SHOP.YANABG.COM.
(2) The contract shall be concluded in Bulgarian language.
(3) The contract between the Supplier and the User represents the present general conditions, available at SHOP.YANABG.COM
(4) A party to the contract with the Supplier is the User according to the data provided during the registration and contained in the personal profile of the User. To avoid any doubts, these are the data that an account has been created to the Supplier.
(5)The Supplier 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 to the Supplier. 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 Supplier.
(7) For the conclusion of this contract and for the conclusion of the contract for purchase and sale of goods, the Supplier 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 an opportunity for access to them.
(9) The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data indicated by the Users are incorrect or misleading.
Art. 10. The Users conclude the contract of sale with the Supplier according to the following procedure:
(1) Carrying out registration in SHOP.YANABG.COM and providing the necessary data, if the User has not yet registered in SHOP.YANABG.COM;
(2) Logging in to the ordering system of SHOP.YANABG.COM by identification with name and password;
(3) Selecting one or more of the goods offered on SHOP.YANABG.COM and adding them to a list of goods for purchase;
(4) Providing data information for the delivery;
(5) Choose a method and time of payment for the goods.
(6) Confirmation of the order;
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 sales contract or upon registration in SHOP.YANABG.COM, can be concluded that they are users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and / or Directive 97/7 / EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the website of SHOP.YANABG.COM.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the website of SHOP.YANABG.COM.
(3) The value of the postage and transport costs, not included in the price of the goods, shall be determined by the Supplier and shall be provided as information to the Users in one of the following moments before concluding the contract:
- In the profile of each of the goods on the website of the Supplier of SHOP.YANABG.COM;
- When choosing the goods for concluding the contract of sale;
(4) The method of payment, delivery and performance of the contract are determined in these general terms and conditions, as well as the information provided to the User on the website of the Supplier.
(5) The information provided to the Users under this article is valid at the time of its visualization on the website of the Supplier of SHOP.YANABG.COM before the conclusion of the contract of sale.
(6) The Supplier must indicate the conditions for delivery of individual goods on the website of SHOP.YANABG.COM.
(7) The Supplier shall indicate, before the conclusion of the contract, the total value of the order for all goods contained therein.
Art. 13. (1) The User agrees that the Supplier has the right to accept advance payment for the concluded contracts with the User for purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay the Supplier the price for the goods before or at the time of delivery.
Art. 14. (1) The User has the right, without paying compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 working days, as of the date of receipt of the goods.
(2) The right of refusal under paragraph 1 shall not apply in the following cases:
- delivery of goods and providing services, the price of which depends on the fluctuations of the financial markets, which the Supplier is not able to control;
- delivery of goods made according to the requirements of the User or by his/her individual order;
- supplying goods which, by their nature, are necessary or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetics;
- delivery of audio and video recordings or software products printed by the User;
- delivery of newspapers, magazines and other periodicals;
(3) When the Supplier has not fulfilled its obligations for providing information, determined in art. 54 of the Consumer Protection Act, the User has the right to withdraw from the contract within three months from the date of receipt of the goods. Where the information referred to in this paragraph is provided to the User within the withdrawal period, it shall run from the date of its provision.
(4) In case the User exercises his right of refusal under paragraph 1, the Supplier shall be obliged to reimburse in full the amounts paid by the consumer not later than 30 calendar days from the date on which the User has exercised his right to withdraw from the concluded contract. The costs paid for the return of the goods are deducted from the amount paid by the User under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier.
(5) The consumer is obliged to store the goods received from the Supplier, their quality and safety during the term under paragraph 1.
Art. 15. (1) The term of delivery of the goods and the initial moment from which it runs is determined for each product separately when concluding the contract with the consumer through the website of the Supplier of SHOP.YANABG.COM, unless the goods are ordered in one delivery.
(2) In case the consumer and the Supplier 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 Supplier through the Supplier's website SHOP.YANABG.COM.
(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 consumer and to refund the amounts paid by him within 30 working days from the date on which the Supplier should have fulfill its obligation under the contract.
(4) In the cases under paragraph 3, The Supplier has the right to deliver to the consumer goods of the same quality and price. The provider notifies the consumer electronically of the change in the performance of the contract.
(5) In case of exercising the right of withdrawal from the supply contract under paragraph 4, the costs of returning the goods are at the expense of the Supplier.
Art. 16. (1)The Supplier shall hand over the goods to the consumer after certifying the fulfillment of the requirements and the existence of the circumstances under art. 61 of the Consumer Protection Act.
(2) The User and the Supplier shall certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless other agreed.
(3) The User and the Supplier agree that the requirements under para. 1 and Art. 61 of the Consumer Protection Act will be observed if the certification is performed by a person for whom, according to the circumstances, can be considered as reliable to transfer the information to the User - party to the contract.
VII. OTHER TERMS
Art. 17. (1) The Supplier shall deliver and hand over the goods to the User within the term determined at the conclusion of the contract.
(2) If the term under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier shall deliver and hand over the goods within a reasonable time, but not later than 2 months.
Art. 18. (1) 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.
(2) In case the User refuses to accept the goods, even though it corresponds to the initial description (in case the courier allows inspection of the goods before receiving them), the User pays the fee for returning the goods to the Supplier.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1)The Supplier 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 Supplier will send the data only to the e-mail address, which was indicated by the Users during the registration.
(3) The Supplier guarantees to the Users the confidentiality of the provided information and protection of their personal data. The latter will not be used, provided or brought to the notice of third parties except in the cases and under the conditions specified in these General Terms and Conditions. The provider protects the personal data of the user, which became known to him when filling in the electronic form for registration and / or making an order, and this obligation is waived in case the user has provided incorrect data. Subject to applicable law and the provisions of these General Terms, the Supplier may use the personal data of the User only for the purposes provided in these General Terms. Any other purposes for which the data are used will be in accordance with the Bulgarian legislation and the applicable international acts.
(4) The Supplier undertakes not to disclose any personal data about the Users to third parties - state bodies, commercial companies, natural persons and others, except in cases when it has received the explicit written consent of the User, the information is requested by state bodies or officials. , which, according to the current legislation, are authorized to request and collect such information.
Art. 20. (1) At any time, the Supplier has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) In case for any reason the User has forgotten or lost his name and password, the Supplier has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at Shop.yanabg.com.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 21. (1) These general terms and conditions may be amended by the Supplier, for which the latter will notify in an appropriate way all Users of SHOP.YANABG.COM who are registered.
(2) The Supplier and the User agree that any addition and amendment of these general conditions will have effect on the User after explicit notification by the Supplier and if the User does not state within 14 days that he rejects 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 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 Supplier publishes these general conditions at SHOP.YANABG.COM, together with all additions and amendments thereto.
X. TERMINATION
Art. 23. The present general conditions and the contract of the User with the Supplier 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-fulfillment of 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 SHOP.YANABG.COM. 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 withdrawal according to art. 55, para. 1 of the Consumer Protection Act.
XI. OTHER TERMS
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.
Art. 27. These general terms and conditions enter into force for all Users of SHOP.YANABG.COM.
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