Terms & Conditions of Sale

General Conditions for Purchase and Sale through www.Bonelli-Lux.com

 

General conditions of the contracts for purchase and sale from distance in the sense of the Law on Protection of the Consumers between Bonelli Lux EOOD, registered in Plovdiv, UIC 203231039, having its address of management in the city of Plovdiv, Municipality of Plovdiv 4000, 26 "D-r G. М. Dimitrov" Str.

, hereinafter referred to as Supplier, on one side.

and on the other – the person who has agreed with the present General Conditions, hereinafter referred to as User, in relation to ordering and purchasing of the offered goods via the electronic shop of store.bonelli-lux .com.

Art. 1. The Supplier shall provide the User with a possibility to purchase the offered goods at the online shop of store.bonelli-lux.com, under compliance and observance of the present General Conditions.

Art. 2. The Supplier shall publish at the address of store.bonelli-lux.com:

-         description of the main features and picture of every product;

-         the sales price, as well as the tariff for value the delivery costs, not included in the price of the goods, connected with their delivery;

-         information about the methods of payment, delivery and contract fulfillment;

-         the right of the user to waive the contract and the terms, under which the goods may be returned;

-         any other information, which the supplier – under the Bulgarian legislation – is obliged to submit on time to the user before purchasing the goods by the user.

Art.3. In order to obtain the right to execute valid orders for purchasing the offered goods at store.bonelli-lux.com, the user must fill in the electronic registration form, published on internet page store.bonelli-lux.com. When filling in the electronic registration form, the user is obliged to provide the required and true data, as well as to update them in case of change. The user guarantees that the data, which submits during the registration, are true, full and exact, and in case of change of the latter, shall update them timely. In case the user submits untrue data or occurred changes have not been reflected there within the term of the preceding paragraph, the supplier has the right to terminate the contract by stopping immediately and without preliminary notice the support and access of the user to their profile. Before making the declaration, the User may freely correct the entered by them information in the registration form.

Art. 4. With the act of their registration the User expresses online consent with the present General Conditions, by which the user is considered bound with their clauses. As of the moment of binding the User with the clauses of these General Conditions, there occurs the possibility for the said to make valid orders for purchasing the goods offered through store-bonelli-lux.com.

Art.5. The User obtains the right to make their order or request for prices (in case of wholesalers) for the offered goods at store.bonelli-lux.com after entering valid user’s name and password in the respective places on the internet page and presses the virtual key “Enter”. Submission of a request for prices (in case of wholesale traders) may be done through some of the mobile phones given for contact. The submission and making of an order is done through consecutive performance of the following activities: choosing a product and size and confirmation of the product by pressing virtual key “Add to Shopping Bag”, next to the respective product, followed by determination of the quantity of the product and confirmation of the request or order by pressing virtual key “Finalize” immediately under the table with the chosen goods and the final amount. In case of an order made, the online shop of store.bonelli-lux.com shall inform the user about that at the e-mail address specified by the user, by confirming the available quantities and setting time terms for delivery. In case of given incomplete, untrue or wrong address and/or telephone number upon submission of the request or order, and in case that we fail to connect with you, said shall be deemed invalid and no obligation for fulfillment of the request or order shall originate for the supplier. The order raises action between the parties as of the moment of the confirmation sent to user’s e-mail address that said shall be fulfilled by the online shop of store.bonelli-lux.com, within a certain time determined for delivery.

Art. 6. All prices are in BGN, VAT included in the Bulgarian version, and in EURO – in the English version. The prices given of the separate products are for the respective number and are exclusive of the delivery costs. The delivery costs shall be at the expense of the user, with exception of the cases when the supplier has decided to pay for them and has determined an amount for purchasing, by which exceeding it, the user is exempted from the delivery costs obligation. The company of Bonelli works with the courier company of UPS and the deliveries shall be according to their tariff plans.

Art.7. The price under the preceding article and the delivery costs shall be paid through PayPal. It is possible to pay via bank transfer with an additional agreement between the user and a representative of the online shop of store.bonelli-lux.com, and the user obliges themselves to pay the sales price of the goods bought by them, as well as the courier- or delivery costs, not included in this price, connected with their delivery. The user is not obliged to pay the delivery costs, in the cases of an amount of order, determined by store.bonelli-lux.com, which exceeding - leaves the delivery costs at the expense of the Supplier.

Art.8. The ordered goods shall be delivered in a packaging suitable for its type to the address given by the user, in a sufficient according to the circumstances term agreed between a representative of the online shop of store.bonelli-lux.com and the user.

Art.9. The goods shall be delivered to the delivery address of the user or to a third person-representative of the user, who accepts and confirms the receiving of the said on behalf of the user. Upon delivery of the goods, the user or the third person – representative of the user shall sign the accompanying documents, serving as confirmation for the delivery of the goods. In case the user is not found within the delivery term at the address given by them or there is no access and conditions for delivery of the goods provided, the supplier is exempted from its obligation to deliver the ordered goods. The user may confirm their wish to receive the goods also after expiration of the delivery term in which they have not been found at the address by undertaking all costs related to the delivery. In this case, a new term for delivery starts running as of the moment of confirmation as per the preceding sentence.

Art. 10. The Supplier is obliged to: transfer to the user the factual power over the goods bought after receiving by the supplier or its representative the purchasing price of the specific goods; to deliver within term the ordered for purchasing goods; to take the due care for fulfillment of their obligations.

Art.11. The Supplier has the right:

-         to place electronic links to other internet pages and resources for sale of goods and provision of services by third persons, including electronic links, directing to other web-sites and in the user’s profile;

-         to send to the user newsletters for which receiving the user has subscribed;

-         to collect and use information regarding its users, when said get registered, which may include name, father’s name, family name, address, profession, sex, age group, telephone, e-mail for correspondence and any other information, which is submitted upon the registration, and any other, which is entered or provided upon ordering, receiving or using the provided by the supplier services, participation in promotions, lotteries and competitions, filling in inquiry forms, questionnaires, forms and others, and the supplier shall use the above said by observing the Law on the Personal Data Protection.

Art.12. The Supplier:

-         takes care that the information in the shop be maintained always true and up-to-date, but shall not guarantee the authenticity and completeness of the said;

-         shall not bear any responsibility for failure to provide access to the shop, as well as for failure to process or untimely processing of the purchasing orders in case of occurrence of circumstances beyond its control – cases of insuperable power, accidental events, problems in the global internet network;

-         the supplier does not guarantee that the access to the shop shall be continuous, timely, secure and free of errors as far as this is beyond its powers, control and its will;

-         as far as the supplier does not have the possibility to change, control or in any other way influence the quality and usage suitability of the ordered by the user goods, it is not liable for their compliance with the applicable provisional requirements and their qualities;

-         is not liable for damages caused on the software, hardware or the telecommunication facilities, or for loss of data, originating from materials or resources, sought for, loaded or used in any way through it;

-         is not liable as far as it does not have the objective possibility and obligation and does not control the internet pages and resources, which have become accessible through the created in the shop and in the user’s profile electronic links;

-         is not liable for any damages suffered and missed uses, originating from the use, access or unauthenticated nature of these materials and content;

-         it is not obliged and has not objective possibility to control the way in which the user uses the shop.

Art.13. The User is obliged:

-         to specify an exact and valid telephone number, address of delivery and e-mail address for correspondence;

-         to pay the price of the ordered goods by them;

-         to pay the delivery costs, except in the cases, in which the delivery costs shall be at the expense of the supplier;

-         to receive the goods;

-         to take all the care and undertake the required measures which are reasonably applied with the purpose of protecting their password;

-         not to reveal to third persons their password and to inform immediately the supplier in case of illegal access to their user’s profile, as well as in case of probability for such;

-         with a view to the specifics of the internet protocols and the security  in protection of the data of the password, to terminate the session in which they have entered in their user’s profile by pressing virtual key “Exit”.

-         not to make fictitious or invalid orders or other untrue information.

The user shall bear full responsibility for the protection of their password as well as for all actions which are carried out by them or by third person by using it.

Art.14. The User has the right to:

-         access in online mode to the supplier upon observance of the conditions and access requirements, except in case of occurrence of circumstances beyond the control of the supplier – cases of insuperable power, accidental events, problems in the global internet network;

-         access and correction in online regime of their personal data;

-         refuse to receive the goods ordered by them upon observance of the legal requirements (the Law on the Obligations and Contracts, the Law on Consumers Protection);

-         receive in full size the amounts paid by them in the cases of undue paid amounts;

Art.15. The user is obliged to:

-         observe the terms and conditions of placing claims and sending requests for replacement of ordered goods, the terms and conditions, published on the web-site for e-commerce store.bonelli-lux.com and shall declare that they are considered bound with these terms and conditions;

-         observe the Bulgarian law, these General Conditions, the internet ethics, the rules and morale and the good manners;

-         not violate other party’s property or non-property rights, including copyright;

-         to immediately inform the supplier for every case of made or found violation in using the shop;

-         not to interfere in the correct work of the system, including, but not only, not to frustrate the procedure of the identification of another user, not to make any access with exception of the one provided to them, not to prevent other users from using the shop;

-         not to extract through technical means or in a technical way informational resources or parts of informational resources, belonging to the data base, positioned in the shop, and in this way not to create their own data base in an electronic or any other type;

-         not to present themselves as other persons or representatives of legal entity or group of people, who they are not authorized to present, or to mislead in any other way third persons concerning their identity or their belonging to a definite group of people;

-         not to execute maliciously-intended actions in the sense of the present General Conditions.

In case of failure to observe the obligations the supplier has the right immediately and without any preliminary notice to terminate the access of the user and third persons to their user’s profile, as well as the supplier is entitled to indemnification for all suffered damages and missed uses, which are direct and immediate consequence from the non-performance of the obligations under the preceding paragraph on behalf of the user. In such cases the supplier has the right to inform the competent state bodies to establish the respective violation.

Art.16. In case of termination of the Contract the supplier shall undertake actions for deactivation of the user profile and deletion of the access password to said.

Art.17. The User may any time request deletion of their profile. In this case the deletion is done only after the fulfillment of all validly submitted orders and the respective payment of the due amount and delivery costs.

Art.18. The contract between the parties shall be terminated also in the case of occurrence of any of the following circumstances: termination of the activity of the supplier; termination of the maintenance of the shop; upon sending a one-week notification to the other party in case of non-fulfillment of its obligations under the contract or in other cases, envisaged by the law.

Art.19. The User is obliged to indemnify the Supplier and all third persons for all damages suffered and uses missed, including for any costs and lawyer’s remunerations paid, damages paid, administrative costs, that have occurred as a result of claims raised by third persons in connection with the non-fulfillment of the obligations of the user under this contract, violation of the Bulgarian law, the applicable foreign laws, these General Conditions, the good manners and/or the internet ethics. The user is obliged to indemnify the supplier also for all damages caused by third persons, to which they have given their password, in case of usage the said.

Art.20. The parties declare that in case of nullity of separate parts of these General Conditions, this will not make these General Conditions null, and the separate null clauses shall be deemed replaced by right with imperative rules of the law.

Art.21. All disputes between the parties shall be solved in a spirit of understanding and good will. In case that agreement may not be reached, all unsolved disputes originating from the contract between the two parties or referring to it, including disputes, originating or referring to its interpretation, as well as disputes for filling in gaps in the contract or its adaptation to newly-arisen circumstances, shall be solved by court proceedings at the competent court in the city of Sofia.

Art.22. The written form shall be deemed observed by sending an e-mail, pressing an electronic key on a page with content, filled in by the user, or ticking in a field of the web-site of the supplier and other similar such, as far as the declaration is written technically in a way, which allows for it to be reproduced.

For the purposes of these General Conditions, the pointed out below terms and expressions, used in these General Conditions, have the following meaning:

“Web-site/site” is a special place in the global internet network, accessible through its unified address (URL) under protocol HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources”

“Internet page” is a composite and differentiated part of a web-site.

www.store.bonelli-lux.com is a web-site for e-commerce – for sale of goods from distance, which are delivered after an order by the user.

“User” is a physical person, having completed the age of 18, or a legal entity, registered in the Republic of Bulgaria, that has agreed with the General Conditions.

“User’s profile” is a differentiated part in the site, containing information about the User, provided by said upon their registration and stored by store.bonelli-lux.com, where the access to the user’s profile is made through entering a user’s name and password. The user’s profile allows the user to view and edit the data, entered at the registration, the archives in the address book, to change their password for access, to subscribe, respectively to refuse their subscription for receiving informational bulletin, etc.

“Password” is a chosen by the User number of symbols, which together with the user’s name individualizes said and gives them the opportunity to make valid orders for purchasing the offered goods and services at store.bonelli-lux.com.

“Newsletter” is a regularly distributed publication regarding topics, which may be of interest for the entity subscribed for receiving the publication.

“Packaging” represents devices or materials, suitable for fulfilling of the function of containing and storing various goods, offered directly to the user.

“Sales price” is the end price for one piece or for a determined quantity of goods or for a service, which includes VAT and all additional taxes and fees.

“Accidental event” is an unforeseen, as of the moment of the contract signing, circumstance of extraordinary character, which makes the contract fulfillment objectively impossible.

“Electronic link” is a link, marked in a certain internet page, which allows automated forwarding to another internet page, informational resource or object with standardized protocols.

“Informational system/System” is every separate device or a combination of interconnected or similar devices, which upon performance of a certain program, or one of the elements of this system, provides automated data processing.

“IP address” is a unique identification number, associating a computer, internet page or resource of the user in a way allowing their localization in the global internet network.

“Commercial messages” are advertising or other messages, representing directly or indirectly the goods, services or reputation of a person, executing a commercial or crafts activity or exercising a regulated profession.

“Maliciously-intended actions” is activity or inactivity, violating the internet ethics or causing damages to persons, connected with internet or associated networks, sending of unwanted mail (not requested commercial messages, spam, junk mail), channel flood, obtaining access to resources with other person’s rights and passwords, using defects in the systems with the purpose of own favor or acquiring information (hacking), execution of activities, which may be qualified as industrial spying or sabotage, damaging or destroying systems or informational massifs (cracking), sending of “Trojan horses” or provoking installation of viruses or systems for remote control, disturbing the normal work of the other users of the internet and the associated networks, execution of any actions, which may be qualified as crime or administrative violation according to the Bulgarian law or any other applicable law.

 

The General Conditions may be changed unilaterally by the supplier, which after execution of the changes, is obliged to inform the user by sending to their e-mail and/or publishing on the web-site on visible place a message about that.

The changes in the General conditions do not affect the relations between the user and the supplier, having originated with a validly submitted order for purchasing of goods before the notification.

The current Bulgarian legislation shall be applied for the unsettled matters.

 

 

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