GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE
The general terms and conditions of I TOYS Ltd., UIC 203337131 that govern the use of the internet store https://bapa.store/ and the purchase of goods on it.
I. SUBJECT AND LEGAL MATTER
Art. 1 (1) These General Terms and Conditions have been approved by "I TOYS" Ltd. (hereinafter referred to as "Trader" only) in accordance with Art. 16 of the Obligations and Contracts Act and Art. 298 of the Commercial Law and regulate:
• the terms, procedure and manner for concluding sales contracts between the Trader and the Site Users;
• the rights and obligations of the Trader and the respective Users under the sales contracts concluded between them, including the terms and conditions for delivery of the ordered goods, their payment and receipt, the terms and procedure for filing claims and returning the purchased products.
(2) Acceptance of these General Terms by the Users of the Site is obligatory for the concluding of a sales contract between the Trader and the respective User and for delivery of the ordered goods.
(3) The Trader has the right, but is not obliged, to enter into legal relations and to make deliveries to Users who have not accepted these General Terms and Conditions.
(4) Acceptance of these General Terms and Conditions by the Users is done by marking the box (checkbox) “I have read and agree to the Terms and Conditions” within the procedure of registration or submission of an order by a User with “guest” status on the Site and also after the User has entered the personal data required by these procedures.
(5) The General Terms and Conditions are published in a prominent place on the Site and are accessible to any visitor.
(6) The publication of goods on the Site shall be considered as a public invitation to submit a corresponding proposal to the Trader for conclusion of a sales contract as stated in Art. 290, para. 1 of the Commercial Law.
(7) Marking the box (checkbox) “I have read and agree to the Terms and Conditions” in the course of the registration or the submission of an order by a User with the status of a "guest" of the Site, creates an irrefutable presumption that:
The User has read the Terms and Conditions before accepting them and accepts them. By marking the box (checkbox) “I have read and agree to the Terms and Conditions” The User makes an electronic statement in accordance with the Electronic Document And Electronic Signature Act, stating that he (the User) is familiar with these General Terms and Conditions and accepts them.
The User has submitted a proposal (offer) for the conclusion of distance contract/s of sale (In case the User is in his capacity of a "consumer" within the meaning stated in the Consumer Protection Act).
ІІ. INFORMATION AND DETAILS FOR “I TOYS” Ltd.
Art. 2. Information under the Electronic Commerce Law and the Law on Consumer Protection Act:
1. Name of the Trader: "I TOYS" Ltd.:
2. Headquarters and registered office: Bulgaria, Sofia City Province, Sofia Municipality, Sofia 1463, Triaditsa District, 29 Patriarch Evtimiy Blvd.
3. Business address and address for consumer complaints: Bulgaria, Sofia City Province, Sofia Municipality, Sofia 1463, Triaditsa District, 29 Patriarch Evtimiy Blvd.
4. Contact information: Bulgaria, Sofia City Province, Sofia Municipality, Sofia 1463, Triaditsa District, 29 Patriarch Evtimiy Blvd., email: firstname.lastname@example.org, tel.: …………………
5. Commercial registry information: UIC 203337131 (Commercial and Non-Profit Registry of the Non-Governmental Organization of the Registry Agency of the Ministry of Justice of the Republic of Bulgaria)
6. Control authorities:
A. Commission For Personal Data Protection
Address: Sofia, 15 Ivan Evstatiev Geshov St., 1592 Sofia, 2 Prof. Tsvetan Lazarov Blvd.,
Phone: (02) 91-53-518
B. Commission for Consumer Protection
Address: 1000 Sofia, 4A Slaveykov Square, fl.3, 4 and 6,
Phone: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
C. Commission For Protection Of Competition
1000 Sofia, 18 Vitosha Blvd.
Phone: (02) 935 61 13
Fax: (02) 980 73 15
7. Registration under the Value Added Tax Act No. BG 201917687.
III. CHARACTERISTICS OF THE SITE
Art. 3. The Website is an e-shop, available at https://bapa.store/, through which Users have the opportunity to conclude contracts for the sale and delivery of the goods offered on the Site, including the following:
1. Register and create a profile to view the Site and use the additional information services;
2. Submit purchase orders as “guests” of the Site without first creating a customer profile of the User;
3. To inspect the goods, their characteristics, prices and conditions of delivery;
4. To conclude contracts for the sale and delivery of the goods offered by the Site;
5. Make any payment in connection with the concluded contracts with the Site, according to the electronic means of payment maintained by the Site.
6. To receive information about new goods offered by the Site;
7. To make electronic statements in connection with the conclusion or execution of contracts with the Site through the interface of the Website available on the Internet;
8. To be informed of the rights deriving from the law, mainly through the interface of the Website of the Website.
Art. 4. The Trader supplies the goods and guarantees the rights of the Users stipulated by the law, in good faith, the criteria and conditions, accepted in practice, consumer or commercial law.
Art. 5. (1) The users shall make an offer for the conclusion of a contract for the purchase and sale of the goods offered by the Site through the Trader's interface available on its website at https://bapa.store/. After acceptance of the offer by the Trader in accordance with Art. 9, para. 8 and Art. 10, para. 1 of these General Terms and Conditions the Contract is considered concluded (in Bulgarian language) and stored in the Trader's database.
(2) Pursuant to a contract for the sale of goods with the Users, the Trader undertakes to deliver and transfer the property of the User to the goods defined by the User through the interface.
(3) Users have the right to correct errors in the input of information no later than submitting their proposal for the conclusion of the contract with the Trader (Submission of the order in accordance with Article 9, paragraph 7 of these General Terms and Conditions). The Trader shall provide appropriate, effective and accessible means of detecting and correcting errors in the input of information before the contract conclusion is made, as follows: It is possible to: remove an item in the shopping cart; adding items to your shopping cart increasing or decreasing the quantity ordered from a particular item; change of shipping address or payment method.
(4) Users pay to the Trader a remuneration for the goods delivered in accordance with the conditions set out on the Site and these General Terms and Conditions. The remuneration is the amount of the price announced by the Trader at the address of the Website on the Internet, provided that the Trader has confirmed the order of the User under the terms of Art. 9, para. 7 in connection with Art. 10 of these General Terms and Conditions.
(5) The Trader may make discounts from the announced prices upon purchase through the Site of a commodity which is not in the mode of promotion, Special offer, promotion, reduction or participation in a catalog, in the amount, under the conditions and under rules, which it determines for the particular case. These discounts will not apply when shopping for promotional items, catalogs, discounts and any other promotions announced. The discount may take effect after reaching the corresponding accumulated amount.
(6) The Trader has the right to unilaterally change the prices stated on the Site, the price change is effective only for contracts concluded after its announcement on the Site.
(7) The prices under para. 4 does not include the shipping costs, which are charged and paid by the User in addition to the indicated prices.
(8) Options, including delivery time and prices, may vary depending on the delivery address, time of purchase and availability of items. The cost of delivery of the goods ordered to an address on the territory of the Republic of Bulgaria is as follows:
· Pick up an order from Bapa Kids Store - FREE
· Delivery of the order with the Econt courier company:
· Orders made in working day till 2pm are executed within 24 hours.
· Orders placed on Friday (after 2pm), Saturday and Sunday are executed within 72h.
· Price for delivery to Econt's office of consignments up to 1kg. from 6,36 BGN incl. VAT
· Price for delivery to Econt office up to 2kg. from 7,88 BGN incl. VAT
· Delivery price to customer address up to 1kg. from 7,88 BGN incl. VAT
· Delivery price to customer address up to 2kg. from 9,39 BGN incl. VAT
If you have selected the cash payment option in Econt's office in cash, a 2.42% VAT charge will be charged.
If you have selected the option of payment with cash on delivery at Econt's office by bank transfer, there is a charge tax of 1.21% incl. VAT
If you have selected the cash on delivery to a customers address payment option, there is a 2.42% VAT charge with cash on delivery.
If you choose the option for cash on delivery through a bank payment, there is a 1.21% VAT charge.
(9) The cost of delivering orders to an address abroad but within the European Union is fully borne by the User-buyer and is as follows:
1. Deliveries to Romania are performed by the Econt courier company:
· Price for delivery to Econt's office of consignments up to 1kg from 11.02 BGN incl. VAT
· Delivery price to customer address up to 1kg . from 12.02 BGN incl. VAT
· Delivery cost to Econt office from 1 to 2kg. from 14,04 BGN incl. VAT
· Delivery price to customer address from 1 to 2kg. from 15.05 BGN incl. VAT
· If a cash on delivery option is selected, a 3.64% VAT charge will be charged.
Delivery time is 2-5 business days
2. Deliveries to Greece are carried out by the Econt courier company:
· Price for delivery to Econt's office of consignments up to 1kg from BGN 16.36. VAT included
· Delivery price to customer address up to 1kg. from 24,65 BGN incl. VAT
· Delivery cost to Econt office from 1 to 2kg. from 18,25 BGN incl. VAT
· Delivery price to customer address from 1 to 2kg. from 27.50 BGN incl. VAT
· If a cash on delivery payment option is selected, a charge of 4.85% incl. VAT is charged.
· Delivery time is 2-5 business days.
3. Deliveries outside Bulgaria, Romania and Greece are carried out with the Aramex courier company https://aramex.bg/, according to the current prices for land parcels - Value Express up to 5kg.
· Zone 1- 38 BGN
· Zone 2- 46 BGN
· Zone 3- 52 BGN
· Zone 4- 55 BGN
Where: in Zone 1 are: Austria, Hungary, Denmark, Luxembourg, Belgium, the Netherlands; in Zone 2 are: Italy, Poland, Slovakia, Slovenia, Croatia, United Kingdom, France; in Zone 3 are: Spain; in Zone 4 are: Estonia, Latvia, Lithuania, Ireland *, Sweden *, Portugal, Finland.
Delivery takes from two to 8 business days, depending on the delivery address. There is a surcharge for islands.
Delivery time is 2-8 business days
Payment for orders made outside the country is made only by bank transfer.
4. In this type of orders under para. 9, the delivery costs shall be paid by the User before the shipment of the goods by the Trader. Delivery time depends on the specific destination. Deliveries to addresses outside the territory of the European Union shall not be made, with the exception of the exceptions mentioned in section 3. If agreed, they can only be made through the services of Aramex at the prices and terms of this contractor, published at: https://aramex.bg/pdf/Tariff_Express.pdf.
(10) The Trader shall deliver the goods requested by the Users within the terms and conditions specified by him on the site of the Site and in accordance with these General Terms and Conditions.
(11) A public invitation made by the Trader through the Site pursuant to Art. 290, para. 1 of the Commercial Law is valid until the quantities of the respective product are out of stock.
(12) The User agrees not to hold the Trader liable for deviations in the specified in para. 8 and 9 delivery times because he has agreed to deliver the Goods through a third party - courier/transport service Trader (consignee). The delivery times mentioned here are those for which the mentioned third parties have undertaken to provide the delivery service and through these General Terms the Trader informs the User about this. The provision of this information does not imply an obligation on the Trader with respect to the time limit, but represents a shared condition for fulfilling his obligation to fulfill the delivery, with which the User agrees.
Art. 6. (1) The User and the Trader 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 E-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 at the time of registration, if the User has entered the appropriate username and password.
IV. REGISTRATION FOR USE OF THE SITE. “GUEST” CLIENT STATUS OF THE SITE.
Art. 7. (1) In order to use the Site for the conclusion of contracts for the sale of goods, the User shall enter a remote access name and password chosen by him.
(2) The site also provides an opportunity for placing orders by Users with “guest” status, whereby a Client profile, name and password are not generated for the User.
(3) The name and password for remote access shall be determined by the User by performing online registration on the Site in accordance with the procedure specified therein. The status of a registered User enables the use of discounts for the achieved turnover from purchases - as specified in Art. 5, para. 5 of these General Terms and Conditions.
(4) By filling in their data and clicking on the button "I have read the Terms and Conditions and accept them" (in the course of the procedure for registration of a client profile or submission of an order by a User with the status of a "guest" on the Site), the User declares, that he is aware of these terms and conditions, agrees to their content and undertakes to comply with them unconditionally.
(5) The Trader confirms the registration made by the User by sending a letter to the email specified by the User. A User Account is created and contractual relations between the User and the Trader arise.
(6) When performing the registration, the User is obliged to provide accurate and up-to-date data. The User is obliged to update the data specified in his registration in a timely manner.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
Art. 8. Users primarily use the interface on the Trader's site to enter into sales contracts for the goods offered by the Trader on the Site.
Art. 9. The users conclude the contract of sale with the Trader according to the following procedure:
(1) Performing registration on the Site and providing the necessary data if the User does not have until now registration in the Site (orders from Users with a registered client account) or submission of a purchase order by a person with the status of a “guest” of the Site (orders by "guest" Members on the Site).
(2) Logging into the ordering system of the Site by identifying with a name and password, respectively, using the procedure for submitting orders from Users with “guest” status of the Site;
(3) Selecting one or more of the goods offered on the Site and adding them to the list of goods for purchase.
(4) Selection of goods from the list of goods to be purchased for which a sales contract is to be concluded.
(5) Submit data for delivery;
(6) Choosing a method and time for payment.
(7) Confirmation of the order having the legal meaning of an offer from the User to the Trader.
(8) Acceptance of the offer of the User by an explicit electronic statement of the Trader, containing the number of the order submitted by the User and the number of the consignment note for sending the relevant goods to the address specified by the User. For the avoidance of doubt, by accepting these General Terms and Conditions, the Users agree that the Trader has the right to refuse to confirm the order and delivery of the goods in the following cases:
1. The relevant goods ordered by the Users are not available with the Trader at the time of processing of the relevant order by the Trader or were intended for delivery on previously processed orders;
2. As a result of an error in entering information on the Site, a technical problem or unauthorized interference with the Trader's information system, the price at which the relevant order was placed is lower than the market prices for goods of the same or similar type by more than 30 % (thirty) and/or is in material disagreement with the general parameters announced on the Site for discounts on goods or for promotional conditions of sale.
VI. CONCLUSION, CONTENTS AND STORAGE OF THE CONTRACT
Art. 10. (1) The contract of sale and purchase between the Trader and the User shall be considered concluded at the moment when the Trader confirms by email the User's order to the User, specifying in the confirmation the order number and the number of the consignment note for sending the relevant goods of the specified from the User address. The order confirmation shall be sent to the email address specified by the User when registering as a customer, respectively - when submitting the order. Confirmation of the order by specifying the number of the consignment note for sending the relevant goods has the legal meaning of acceptance of the offer made by the User in accordance with Art. 290 of the Commercial Law.
(2) The concluded sales contracts shall be stored in the Trader's database. At the request of the User, the Trader shall provide the concluded contract for the sale of the e-mail address specified at the User's registration. The specific parameters of each order submitted to the Trader are available in the Client's account of the User, and in the case of orders from Users with a "guest" status on the Site, these are indicated in the confirmation of the order.
(3) The Trader and the Users conclude separate contracts for the sale of the goods, declared by the Users, even though they are selected with one electronic statement and one list of goods for purchase.
(4) The Trader may deliver together the goods ordered simultaneously with the separate sales contracts.
(5) The rights of the Users in connection with the delivered goods shall be exercised separately for each sales contract. The exercise of rights in relation to the delivered goods is without prejudice and has no effect with respect to the contracts for the sale of other goods. In the event that the User is in his capacity of a consumer within the meaning stated in the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the sale of a specific good shall not affect the contracts for the sale of other goods delivered to the consumer.
Art. 11. When exercising the rights under the contract of sale, the User is obliged to indicate accurately and unambiguously the contract and the goods in respect of which he exercises the rights.
Art. 12. (1) The user may pay the price for the individual sales contracts at the same time when the goods are ordered (in advance) or when they are delivered.
(2) The payment in advance shall be made by bank transfer to the bank account of the Trader specified in the confirmation of the order. The payment in advance can also be made through the credit card of the User. Payment for orders with a place of delivery abroad, but within the European Union, must be made in advance as para. 3 and para. 4 of this Article shall not apply. In this case, the payment in advance can be made through the following international bank cards: VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement in Bulgaria and International Visa Cards (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, Maestro, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement abroad. In case the order has a place of delivery in Bulgaria, in addition to the bank cards mentioned in the previous sentence, payment can also be made through bank cards bearing the trademark of the national operator BORICA, Maestro cards with settlement in Bulgaria.
(3) In case the User has chosen to pay for the goods upon receipt, the payment shall be made at the moment of delivery by the courier company "ECONT EXPRESS" Ltd. depending on which of the two companies we have considered to send the goods to you via cash on delivery payment and includes the price of the goods and (to the extent applicable) the transportation costs of art. 5, para. 9, section 1 of these General Terms and Conditions.
(4) In case the User has chosen to pay for the goods upon receipt, but the Trader has chosen to send the goods through a third party, payment shall be made at the time of delivery by the courier company "ECONT EXPRESS" LTD, depending on which from both companies we have decided to send the goods to you through the postal money transfer service and it includes the price of the goods and (as far as applicable), the transportation costs under Art. 5, para. 9, section 1 of these General Terms and Conditions.
(5) The ordered goods can be received only from:
- the buyer - appropriately individuated according to the data from the client account or the corresponding purchase order;
- a person authorized by the buyer to receive the goods with the order itself;
- a person who is expressly authorized by the buyer to receive the goods with duly written authorization;
- a person who explicitly confirms the authenticity and identity of the ordered product and agrees to pay it in cash on behalf of the buyer.
(6) In case on the address under the order a person is not found under para. 4 within the time limit for delivery or if no access and conditions for delivery of the goods are provided within this period, the Trader shall be relieved from his obligation to deliver the goods subject to the purchase order.
(7) In case the User confirms his wish to receive the ordered goods and after the expiration of the delivery period, in which he was not found at the address, he shall bear the costs of the additional delivery at his own expense. The cost of the second delivery is paid upon receipt of the goods, together with the total order amount and the first delivery.
(8) Upon acceptance of the goods the person under para. 4 signs a document certifying receipt of delivery.
VII. SPECIAL PROVISIONS APPLICABLE TO INDIVIDUALS WHO IS IN HIS CAPACITY OF A CONSUMER UNDER THE CONSUMER PROTECTION ACT
Art. 13. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the information provided for the conclusion of the contract of sale or registration at the Site, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the E-Commerce Act and/or Directive 97/7 / EC of the European Parliament and of the Council of 20 May 1997 on consumer protection in regard to distance contracts. (Hereinafter referred to as "Consumers")
Art. 14. (1) The main characteristics of the goods offered by the Trader are defined in the profile of each product on the Site.
(2) The price of the goods including all taxes and fees shall be determined by the Trader in the profile of each product on the Site.
(3) For orders with a delivery address within Bulgaria, the value of the transport costs not included in the price of the goods is as follows:
(4) The methods of payment, delivery and implementation of the contract shall be determined in these General Terms and Conditions and the information provided to the Consumer through the Site.
(5) The information provided to the Users-users under this Article is current at the moment of its visualization on the Site prior to the conclusion of the contract of sale.
Art. 15. (1) The Consumer agrees that the Trader has the right to accept a payment in advance for the sales contracts of goods and their delivery.
(2) The Consumer shall choose independently whether to pay the Trader the price of the goods before or at the time of delivery. Payment for orders with a place of delivery abroad, but within the European Union, must be made in advance and the payment option at the time of delivery does not apply. In this case, the payment in advance can be made through the following international bank cards: VISA (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement in Bulgaria and International Visa Cards (Visa Consumer Card or Visa Commercial Card), Visa Electron, VPay, Maestro, MasterCard (MasterCard Credit Card, MasterCard Commercial Card or MasterCard Debit Card) with settlement abroad. In case the order has a place of delivery in Bulgaria, in addition to the bank cards mentioned in the previous sentence, payment can also be made through bank cards bearing the trademark of the national operator BORICA, Maestro cards with settlement in Bulgaria.
Art. 16. (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.
• Claims for consumer goods may be filed within two years of delivery of the goods, but no later than two months after the finding of the discrepancies with the contract.
(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.
Art. 17. (1) The term of delivery of the goods is determined for each product separately at the conclusion of the contract with the Consumer through the Site.
(2) In case the Consumer and the Trader have not set a deadline for delivery, the deadline for delivery of the goods is 30 working days from the date following the sending of the order through the Site.
(3) If the Trader is unable to execute the contract due to the lack of the goods ordered, he shall be obliged to notify the Consumer and to refund the paid by him order within 14 working days from the date on which the Trader was supposed to fulfill its contractual obligation.
(4) In the cases of para. 3 of this Article the Trader may deliver to the Consumer goods or services of the same quality and price, when this possibility was explicitly provided before the conclusion of the contract or in the contract itself. In this case, the Trader shall inform the consumer in a clear and comprehensible manner of the change in the implementation of the contract.
(5) Where, under the conditions of para. 4, the Trader has implemented otherwise than due and the Consumer has exercised his right to withdraw from the concluded contract, the cost of returning the goods is at the expense of the Trader, for which he informs the Consumer.
Art. 18. The Trader undertakes to comply with all requirements set out in the Bulgarian legislation on the labeling, advertising and sale of goods through the Site.
VIII. WARRANTY SERVICE
Art. 19 The risk of damage to the product when assembled by the consumer is borne entirely by the consumer and is at his own expense.
Art. 20 All goods sold in the online shop have a legal guarantee for the conformity of the goods with the contract of sale, according to the Consumer Protection Act.
Art. 21 Warranty service does not include or refer to:
· A product that has been used without following the instructions in the user manual.
· Product for which it is found that it was not used in its intended purpose.
· Replacement of parts that are subject to amortization during normal every-day use.
· Assembly and installation instructions have not been followed correctly.
· Surface damage during product usage, during carrying, transport and storage.
· Damage resulting from inadvertent use, storage in an unsuitable environment or use for purposes other than the intended purpose of the product.
· Removal of faults resulting from the effects of external forces - natural disasters, sun radiation, fractures after an impact with a solid object or crash, industrial vapors, aggressive detergents, etc.
· A product that has been repaired by unauthorized person ор at a non-manufacturer's authorized service center.
· Product subject to change or modification of the structure.
· Troubleshooting resulting from assembled parts and accessories other than the products specification when sold.
· Damage to the damask, bag, blanket, canopy, tires, trunk, raincoat and accessories (for strollers).
· Damage to the damask, sunshade, cover and accessories (for car seats).
· Damage to the fabric, mattress, canopy and accessories (for sleeping cot).
· Damage to the damask and accessories (for bungees, swings, deck chairs, walkers, dining chairs, padding).
· Damage to the damask, zipper, tic-tac buttons and accessories (for port-baby, stroller cart and baby carrier).
· Damage and bruises to the boards and damage as a result of not following the installation instructions (for wooden beds).
· Damage to tires, batteries, accessories (for toys).
IX. IMPLEMENTATION OF THE CONTRACT
Art. 22. (1) The Trader shall deliver and hand over the goods to the User within the term specified at the conclusion of the contract.
(2) If the term under para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Trader shall deliver and hand over the goods within a reasonable time, but not later than 45 days.
Art. 23. (1) The User must inspect the goods at the time of delivery and hand over by the Trader and if the goods do not meet the requirements, to notify the Trader immediately.
(2) If the User does not notify the Trader according to para. 1, the goods are considered to be approved as complying with the requirements, except for hidden defects.
Art. 24. The Trader undertakes no obligation to provide repair for the goods.
Art. 25. For the cases not settled in this section, the rules for commercial sale set out in the Commercial Law shall apply.
X. PROTECTION OF PERSONAL DATA
Art. 26. (1) The Trader shall protect the personal data of the Users, which became known when filling in the electronic form for submitting a purchase order. Subject to the applicable law and the provisions of these General Terms, the Trader may use the personal data of the Users only for the purposes stipulated in the contract - acceptance and execution of orders and contact with the Users in case of problems with the order. The Trader guarantees that the data in question will not be provided in any form to third parties or used for purposes other than those described above, unless the express written consent of the User is provided or if the information is required by a competent public authority within the scope of its powers under law.
(2) The User's account of a particular User may be deleted from the database together with the information attached to it at any time at the request of the User.
(3) The Trader shall take measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(4) For security reasons of the personal data of the Users, the Trader will send the data only to the e-mail address, which was specified by the Users at the time of registration.
(5) The Trader shall have the right to store data in the User's terminal communication device, unless the latter expressly disagrees. The User's disagreement may be expressed at any time.
(6) The User agrees that the Trader has the right to send electronic messages to the User at any time, including a newsletter or offers for the purchase of goods, as long as the User's registration is available in the Trader's online store.
(7) By accepting these General Terms and Conditions, the User expressly agrees in accordance with Art. 6, para. 1 and para. 4 of the Electronic Commerce Act to receive commercial communications under para. 6 of this article.
(8) The User agrees that the Trader has the right to collect, store and process data about the User's behavior when using the Trader's online store.
Art. 27. (1) At any moment, the Trader shall have the right to require the User to legitimize himself and to certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) In case the User has forgotten or lost his/her access password for any reason, the Site shall provide an opportunity to generate a new password and to change the forgotten password through the e-mail with which the account is registered.
XI. MODIFICATION AND ACCESS TO THE GENERAL TERMS
Art. 28. (1) These General Terms and Conditions may be amended by the Trader, which shall be duly notified by the Trader to all Users of the Site.
(2) The Trader and the User agree that any addition and modification of these General Terms and Conditions will have effect on the User in one of the following cases:
A. upon its explicit notification by the Trader and if the User does not state within the 14-day period provided that he rejects them; or
B. after their publication on the Trader's website and if the User does not state within 14 days of their publication that he rejects them.
C. with its explicit acceptance by the User through his account on the Trader's site.
(3) The User agrees that all statements made by the Trader regarding the modification of these General Terms and Conditions will be sent to the e-mail address specified by the User upon registration. The user agrees that e-mails sent under this article need not be signed with an electronic signature in order to be effective against him.
Art. 29. The Trader publishes these Terms and Conditions at https://bapa.store/, together with any amendments thereto.
Art. 30. These General Terms and Conditions between the User and the Trader are terminated in the following cases:
- upon termination and liquidation or bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- in case of objective impossibility of one of the parties in the contract to fulfill its obligations;
- when the equipment is seized or sealed by public authorities;
- in case of deletion of the registration of the User on the Site. In this case, the concluded but outstanding sales contracts remain valid and enforceable;
Art. 31. The Trader shall have the right, at its sole discretion, without notice and without owing compensation to unilaterally terminate the Contract, if it finds that the User is using the Site in violation of these General Terms, the legislation in the Republic of Bulgaria, the accepted moral standards or the generally accepted rules and practice in e-commerce.
Art. 32. The User undertakes to indemnify and hold the Trader liable for legal actions and other claims of third parties (whether or not they are justified) for all damages and expenses (including attorneys' fees and legal costs) arising out of or in connection with (1) the breach of any of the obligations hereunder, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) unauthorized transfer to other persons of the rights granted to the User and (4) incorrectly declaring the presence or absence in his capacity of a consumer within the meaning of the Consumer Protection Act.
Art. 33. The Trader shall not be liable in case of insurmountable events, accidental events, problems with the Internet, technical or other objective reasons, including orders of the competent state authorities.
Art. 34. (1) The Trader shall not be liable for damages caused by the User to third parties.
(2) The Trader is not responsible for the time during which the Site is not accessible due to insurmountable events.
(3) The Trader shall not be liable for damages from comments, opinions and publications under the products, news and articles on the Site, including damage to the health status of the Users as a result of such comments, opinions or publications.
Art. 35. (1) The Trader shall not be liable in case of overcoming the security measures of the technical equipment and consequently the loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Trader shall not be liable in the event of conclusion of a contract of sale, provision of access to information, loss or change of data resulting from false legitimation of a third party, which is presented to the User, if by the circumstances it may seem that this person is the User.
XIV. OTHER TERMS
Art. 36. (1) The User and the Trader undertake to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which became available to them in the course of performance of the contract and these general conditions.
(2) The User and the Trader undertake, during and after the expiration of the contract period, not to make public or written correspondence between them. Publication of correspondence in print and electronic media, internet forums, personal or public websites, etc. may be considered public domain.
Art. 37. In case of conflict between these general terms and conditions in a special contract between the Trader and the User, the clauses of the special contract shall prevail.
Art. 38. The eventual invalidity of any provision of these General Terms and Conditions will not invalidate the entire contract.
Art. 39. The law of the Republic of Bulgaria shall apply to issues not settled in this contract related to the implementation and interpretation of this contract.
Art. 40. These General Terms and Conditions have been approved by the Trader "I TOYS" Ltd., UIC 20337131 on 05.03.2020.