RETURN AND EXCHANGE POLICY
Art.1 (1) The consumer has the right to withdraw from the distance sale contract or off-premises contract without giving any reason, without owing any indemnity or penalty, and without paying any costs, except the costs specifically listed in Art. 54, para. 3 and Art. 55 of the Consumer Protection Act, after 14 days from:
1. in the case of service contracts, the day of the conclusion of the contract;
2. in the case of sales contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:
(a) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
(b) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
(c) in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good;
To the General Terms and Conditions of purchase and use of goods, as Annex No. 1, are applied standard instructions on the right of withdrawal in accordance with Annex No. 7 to Art. 47, para. 4 of the Consumer Protection Act.
(2) The right of withdrawal in accordance with para. 1 shall not apply in the following cases: the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Trader; the supply of goods made to the consumer’s specifications or clearly personalized; the supply of goods which are liable to deteriorate or expire rapidly; the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; the supply of a newspaper, periodical or magazine;
(3) If the trader has not fulfilled his obligation to inform the consumer in accordance with Art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the contract within a period of three months from the day he is received the goods. When the consumer has been informed in accordance with this article and in the withdrawal period, the same starts from the day the information is received.
(4) Before the expiry of the withdrawal period referred to in para. 1, the consumer shall inform the trader of his decision to withdraw from the contract. For this purpose, the consumer may either use the model withdrawal form as set out in Annex 2 or make any other unequivocal statement setting out his decision to withdraw from the contract. The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in para. 1 if the communication concerning the exercise of the right of withdrawal is sent by the consumer before that period has expired..
(5) In case the consumer exercises his right to withdrawal in accordance with para. 1, the trader shall reimburse all payments received from the consumer, excluding the costs of delivery without, in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract. Other obligations in relation to the right of withdrawal are:
1. The trader shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
2. The trader may withhold the reimbursement in accordance with para. 5 until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
3. The consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired.
4. The consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive the goods in the same condition in which they are received - original packaging, instructions and other documents, if any, accompanying the products. The goods are not to be damaged in any away, used, ripped, washed or ironed.
5. If the consumer is exercising his right of withdrawal, he shall only bear the direct cost of returning the goods.
(6) The consumer shall take good care of the goods received by the trader until the withdrawal period referred to in para. 5 is expired.
(7) In the case of a discrepancy between the goods and the sales contract, the consumer has the right to file a claim to the trader for a correspondence of the goods and the sales.
(8) Every discrepancy between the consumers goods and the sales contract that arises in a period of 6 months from the day on which the consumer acquires physical possession of the goods is considered as an existing one on arrival, unless it is proven the lack of correspondence is due to the nature of the said products.
(9) The addition of a reclamation is conducted during business hours in the store from which the goods were bought or the service was acquired – on the registered address of the trader or any other place indicated by the trader. The claim can be filed in any other physical store of the trader on the territory of the country, in which such trade as the one in the store that the goods are bought from is being provided. The place in which the consumer can file a claim is a matter of his choice.
(10) If there is a discrepancy between the consumers goods and the sales contract, the trader is obligated to have the goods corresponding with the sales contract. The procedure is free of cost to the consumer. The consumer shall not bear any cost for the return or materials and work in connection to the repair of the goods and shall not bear any inconvenience in the process.
(11) In case the filed claim is valid, the consumer may choose between a repair of the goods or an exchange of the goods, but only if the exchange is possible or the chosen method of reimbursement is in accordance with the value of the goods.
(12) The condition of the goods must be corresponding with the sales contract within a month from filing the return claim.
(13) After the expiration of the on month period referred to in para. 12, the consumer can break the sales contract and be reimbursed the full expenses or to ask for a lower price of the goods. The trader is obligated to satisfy the ask for the breaking of the contract and to reimburse the consumer, when he has provided the reclamation and repairs of one and the same product three times, within a period of two years and still there is a discrepancy between the goods and the sales contract.
(14) The consumer may not break the contract if the discrepancies are insignificant.
(15) The consumer may want a compensation for the damages as a result of the discrepancies.
(16) The consumer may exercise his rights in accordance with para. 8 – para. 15 in this article within a period of two years from the day the goods are acquired but not later then two months after finding any discrepancies with the contract. The time for repair, exchange the goods or until a settlement regarding any arguments between the trader and the consumer is found, is excluded from the referred period. These consumers rights in accordance with para. 8 – para. 15 in this article is not bound by any other period of time for filing a claim then the one stated in this article.
Annex No. 1 - Instructions on the right of withdrawal
Annex No. 2 – Withdrawal form
Annex No. 1 - Instructions on the right of withdrawal
INSTRUCTIONS ON THE RIGHT OF WITHDRAWAL
ANNEX No. 1 to the General Terms and Conditions of I TOYS Ltd. for use of the Online Store https://bapa.store/ and for the purchase of goods through it, in accordance with Annex No. 7 to Art. 47, para. 4 of the Consumer Protection Act (New, SG No. 61/2014, effective 25.07.2014)
INFORMATION REGARDING THE RIGHT OF WITHDRAWAL
Standard instructions on the right of withdrawal:
I. Right to withdraw from the distance sale contract or off-premises contract.
II. You have the right to withdraw from this contract without giving any reasons for it within 14 days.
III. The withdrawal period is 14 days from the date:
(a) in the case of a one-off sale contract: the date on which you acquire, or a third party other than the trader indicated by you acquires, physical possession of the goods;
or
(b) in the case of a contract under which the consumer orders many single-item goods, which are delivered individually: the date on which you acquire, or a third party other than the trader indicated by you acquires, physical possession of the last product;
In order to exercise your right of withdrawal, you must notify us of your name, current address, telephone number, and e-mail address and your decision to withdraw from the contract with a clear application at info@bapa.store. In this case, we will immediately send you an email confirming your withdrawal.
You can also exercise your right of withdrawal by a letter sent by post to the business address of I TOYS Ltd., UIC 203337131 (Bulgaria, Sofia City Province, Sofia Municipality, Sofia 1463, Triaditsa District, 29 Patriarch Evtimiy Blvd.).
Whichever way you choose to exercise your right of withdrawal, you can use the attached standard withdrawal form (representing Annex No. 2 to the General Terms and Conditions of "I TOYS" Ltd. for the use of the online store https://bapa.store/), but it is optional.
In order to comply with the withdrawal period, it is sufficient to send your message regarding your willingness to exercise your right of withdrawal before the expiry of the indicated period.
IV. Effects of withdrawal.
If you decide to withdraw from this contract, we will return to you all payments received from you, without the shipping costs, without undue delay, and in any case no later than 14 business days from the date you inform us for your decision to withdraw from this contract. Paymentс are made only through bank transfer. The refund is transferred to the debit or credit card that made the payment. The details of that card are not stored. The stated prices are in BGN and EUR and include VAT.
I TOYS Ltd. has the right to withhold reimbursement until the goods are received back or you have supplied evidence of having sent back the goods, whichever is the earliest.
If by the time you exercise your right of withdrawal you have already received goods in relation to the contract, the following rules apply:
1. We expect you to send back or deliver the goods to our physical store from which the goods departed without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You shall bear the direct cost of returning the goods. The costs are not expected to exceed approximately the costs you paid to the courier company upon receipt of the delivery of the goods by I TOYS Ltd.
For your convenience, you can check the possible direct costs of returning the goods with a courier company at the following links:
https://www.econt.com/services/shipment-price (Econt Courier Service)
In addition to the services of the shown above companies, you can use the services of any other licensed courier company for the return of the goods for which you have exercised your right of withdrawal.
Annex No. 2 – Withdrawal Form
ANNEX No 6
To Art. 47, para. 1, section 8, and art. 52, para. 2 and 4
(New, SG No. 61/2014, effective 25.07.2014)
WITHDRAWAL FORM
То: I TOYS Ltd., UIC 203337131
Company’s registered with headquarters and business address: Republic of Bulgaria, Sofia City Province, Sofia Municipality, Sofia 1463, Triaditsa District, 29 Patriarch Evtimiy Blvd., email: info@bapa.store, tel.: (+359) 0879447444
I hereby give notice that I withdraw from my contract of sale of the following goods*/for the provision of the following service*:
- Ordered on ……………………, received on …………………………………...
- Order No ………….…, from date….………………………….….………….….
- Name of consumer (s)..………………………………………….…………..…...
- Address of consumer (s)………………………...………….…….………………
- Signature of consumer (s)...………………………………..………….………….
By submitting this I declare that I am aware that:
1. My right to file the following form shall be extinguished upon expiry of 14 days from the date of delivery of the product (s); 2. I am obliged to send or deliver the product (s) back to the address of the commercial outlet indicated on the receipt and / or the consignment note accompanying the order, not later than 14 days from the date on which I notified the Trader of my decision to withdraw from my contract; 3. The condition of the product returned by me must correspond to the normal condition for testing it, in order to establish the nature, characteristics and proper functioning of the contract of sale. The goods subject to the distance sale contract, which I am returning to the Trader, must be in good commercial condition, free from abrasions, scratches or other injuries, placed in their original packaging, in which I’ve received by the Trader, incl. the goods must not be used and must meet the intended purpose in the sales contract, the goods must not be washed and wet; 4. The Trader has the right to defer repayment of my payments in connection with the distance sale contract until receipt of the product (s), or until he has provided proof that I have sent the goods back, whichever of the two events occurred earlier; 5. I am responsible only for the reduced value of the product (s) caused by testing it / them other than what is necessary to establish the nature, characteristics and the proper functioning of the product (s); 6. The cost of returning the product (s) to the Merchan is entirely at my expense.
Date: ……………
Signature of consumer: ……………………………………..
(*) Delete as appropriate