GENERAL TERMS AND CONDITIONS FOR PURCHASE SALE BY E-SHOP
These general terms and conditions govern the order, manner and conditions of purchase and sale through the e-shop of “Barbaron BG” Ltd. These terms and conditions are a contract of sale between "Barbaron BG" Ltd. on the one hand and the Client on the other. For the purposes of these Terms and Conditions, the following terms are used with the following meanings:
- "Barbaron.bg" is a trading company with the name "Barbaron BG" Ltd., UIC: 131399331, with headquarters and address of management: 4 Tsar Samuil Str., Sofia, represented by a manager. The same provides goods and services online via an online store: www.barbaron.bg
- "Merchandise" means any of the items offered in the online store that is described with its main features, image and sales price.
- "Customer" means any person who has purchased or made a purchase order from an e-shop.
- "E-shop" is a virtual shop with e-mail address www.barbaron.bg
- "CPA" means the Consumer Protection Act.
I. General considerations
1.1. "Barbaron BG" Ltd provides the Client with the opportunity to purchase the goods offered through the electronic store by sending a request / order / and paying the respective selling price, subject to the Client's observance of the present General Terms and Conditions.
1.2. The contract for sale between “Barbaron BG” Ltd and the Client is considered concluded from the moment of confirmation of the request/ order / made by the Client.
2. The order process from the site is voluntary and free of charge. The site can be viewed by the users freely without the need for registration. To make an order, you need to fill out a registration form. Fields that must be filled in are marked with a star.
Upon successful completion of the order, an employee of “Barbaron BG” Ltd. will contact the Client using the contact telephone number that is provided, confirming that the item is available, and then the order will be considered as confirmed. If the product is not available, the employee will inform the Client that delivery cannot be made. If the customer has paid the order in full or in part, he / she must provide an account or another more convenient way to return the amount he / she has paid.
3. All prices presented in the site are in Bulgarian Leva and are valid only in the time they are published. ”Barbaron BG” Ltd. reserves the right to change them without notice at any time. The quoted prices of the goods are final and include all taxes and charges, excluding the delivery price, which is indicated separately
IV. Purchase request
4. Each purchase request from “Barbaron BG” Ltd. via the e-shop is filed and executed in accordance with the General Terms and Conditions. In the case of a dispute about the will to be bound by the text of these General Terms and Conditions, a party to the contract shall be considered the person who paid the price of the goods ordered for purchase.
5. The client submits the request by filling in an electronic form published on www.barbaron.bg. The request must include a shipping address, e-mail address, and contact phone number."
6. Barbaron BG" Ltd. does not guarantee the availability of the ordered items. In case of failure to fulfill its obligations, due to the fact that it does not have the goods in stock , “Barbaron BG” Ltd. is obliged to inform the customer and, as soon as possible, to reimburse the payment, if any.
7. In the case there are goods which are not in stock, "Barbaron BG" Ltd. shall specify a delivery time different from that under Section VI "Delivery" of these General Terms and Conditions with which the customer may agree or refuse the order. The specified term from "Barbaron BG" Ltd. is fixed.
8. In case the goods ordered by the Client are available "Barbaron BG" Ltd. should confirm the order by telephone or by e-mail.
9. At the time of filing an application, the Client agrees with these General Terms and Conditions by specifically for this application, indeed: with marking that within the meaning of the Electronic Document and Electronic Signature Act and a statement that he / she is familiar with the current Terms and Conditions.Agreements with these Terms and Conditions will also be the act of requesting / ordering / buying a good from the Customer.
10. With the purchase order, the Customer selects the goods and the quantity.
11. The next step is choosing the delivery method. When delivery with a courier, an exact delivery address is given.
12. The final stage of the order is the payment. Payment of the price is made in the following ways:
- by bank transfer / before transportation of the goods /;
- with cash on delivery (with delivery by courier);
- upon receipt of the goods / in our commercial premise, located on 23 Hristo Botev Blvd, Sofia.
V. Cancellation of a contract and reimbursement of the price paid.
13. Pursuant to Art. 50 Purchaser, who has the quality of a consumer within the meaning of the CPA, is entitled within 14 / fourteen / days of the delivery, without due compensation or penalty and without giving any reason, to cancel the concluded contract by returning the ordered goods the following conditions:
- The Customer (the Client) to inform in advance “Barbaron BG” Ltd. by filling in a form in the Return of Products section, available on the site, that on the grounds of Art. 55, para 1 of the PPA shall refuse the contract, indicating when to return the goods, but not later than 14 / fourteen / days. It can only be returned to the following address: 23 Hristo Botev Blvd., Sofia. The amount paid by the Customer shall be returned to the account from which the goods were paid or in another convenient way after a check and acceptance of the goods by “Barbaron Bg” Ltd. Goods will only be accepted if there are no traces of use.
- The goods shall be returned personally by the user (the Client) or by a person authorized by him, with a written power of attorney with a notary certification of the signature, person at the above mentioned address.
- All transportation and other costs of returning the goods are entirely at the expense of the consumer (Buyer). By the time the user returns the goods to “Barbaron BG” Ltd, the risk of accidental loss or damage is entirely borne by the user. In case a user takes advantage of his / her right under Art. 50, provided that the above conditions have been met, “Barbaron BG” Ltd undertakes to refund the price paid within 14 (fourteen) days of the notification of withdrawal of the contract under Article 50.
14.1. In case the requested product is available, the same shall be delivered to the delivery address specified by the Customer within 5 working days, except in the cases of p. 7 of these General Terms and Conditions.
14.2. The period referred to in the above point shall begin to run from the moment it is paid, except in cases where the payment is made on a cash basis. In case the customer chooses payment upon receipt, the term starts running from the moment the request / order is confirmed.
14.3. The delivery is done by courier / forwarding services / and is at the expense of the Customer.
14.4. Loading and unloading works are not the responsibility or obligation of “Barbaron BG” Ltd. (or the courier) but the recipient of the goods.
- The obligation to deliver the goods will be deemed to be fulfilled by delivering the goods to the building in which the delivery address specified in the application is located.
16. In the case of an incomplete, incorrect or wrong address and / or a telephone number when filing an application, the same is considered invalid and no obligation arises for “Barbaron BG” Ltd.
17. In case the client has indicated as payment method – by transfer to a bank account and does not make such payment, for "Barbaron BG" Ltd no obligation for delivery of the ordered goods arises.
18. In case the client does not make a payment after he has indicated that the same will be done by cash on delivery, for "Barbaron BG" Ltd there is no obligation to transmit the goods.
VII. Delivery of the goods
19. The goods are handed over to the customer or to a third party, who accepts and confirms receipt of the same on behalf of the customer by signing the documents accompanying the goods.
20. In the event that the client is not found in the delivery period of the specified address or not provided access and conditions for delivery of the goods within this period and this led to the impossibility of service of the delivery not by the seller's fault, "Barbaron BG" LTD. is released of the obligation to deliver the requested goods. In this case, the sales contract is automatically terminated.
21. In case of delivery with "cash on delivery", the goods are handed over only after payment by the client/or another recipient/in cash in Bulgarian leva of the amount on delivery indicated in the consignment note.
VIII. Price and method of payment
22. All prices of goods in the E-shop are in Bulgarian leva, including taxes and are advertised in the E-shop. The prices are for a single quantity and the cost of the transport costs is not included.
22.1. The price of the transport is paid by the customer.
22.2. Payment may be made in advance by payment of the full amount or partially, in the second case the supplement (the rest of the price) is made on delivery of the goods. In case of payment by cash on delivery, the purchaser shall receive from the courier a document containing the ordered goods and the selling price payable for it.
22.3. At the request for unavailable commodity it is paid in advance, in the amount specified by the employees of the e-shop. "Barbaron BG" LTD. reserves the right to require payment of advance and for other orders made.
22.4. Payment in advance is made only with the consent of the client, and if he refuses to pay the advance, "Barbaron BG" LTD. has the right to refuse to enter into a contract for purchase- sell and delivery of the order.
22.5. The client agrees that the action on the advance payment of the goods will be considered as explicit consent within the meaning of art. 53 of the Consumer Protection Act.
22.6. Regardless of the method selected, all payments are made only in Bulgarian Leva.
IX. Overview of goods. Reclamation.
23. Returns of goods purchased through the online store are made under the rules of the Consumer Protection Act. Upon receipt of the goods, the Customer is obliged to review it immediately and, in the event that he / she finds obvious defects, immediately inform the person delivering the goods. In this case, a statement of findings shall be drawn up in two identical copies signed by the consignee and the courier / forwarder representative. The record must necessarily describe obvious shortcomings. If the Customer fails to do so, the item is deemed approved and the consumer loses the right later to claim that the item has been delivered with obvious defects. Returns of goods purchased through the online store are made in accordance with the CPA rules and according to the terms and conditions of their commercial warranty. Address for complaints: Hristo Botev 23 Blvd., Sofia, e-mail: email@example.com, Phone: 02 490 12 96.
24. In the event that Customer does not make a claim at the moment, or even does so, but does not sign a statement of account, he / she loses the right later to claim that the product has been delivered with obvious defects.
The customer, who is a consumer within the meaning of the Consumer Protection Act, has the right under Art. 55, para 1 of the Consumer Protection Act. In all cases of purchase of goods, the rules of point 13 above are applied.
Important to the customer
Where the consumer product does not comply with the sales contract, the seller is obliged to bring it into line with the sales contract.
Alignment of the consumer goods in accordance with the sales contract must take place within one month of the consumer having lodged the claim.After the expiration of the term, the consumer has the right to cancel the contract and to be reimbursed the amount paid or to demand reduction of the consumer goods price according to Art. 114 of the CPA.
Aligning the consumer goods in accordance with the sales contract is free of charge to the consumer. (He does not owe any cost to dispose of consumer goods or materials and labor related to repair, and should not suffer significant inconvenience). The consumer may also claim compensation for the harm suffered as a result of the non-compliance.
In the event of non-compliance of consumer goods with the sales contract and when the consumer is not satisfied with the resolution of the claim, he / she has the choice between one of the following options:
1. Cancellation of the contract and reimbursement of the amount paid by him / her;
2. Price Reduction;
3. Another more convenient way.
The consumer cannot claim reimbursement of the amount paid or to reduce the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month of the consumer's claim.
The trader is required to comply with a claim for cancellation of the contract and to recover the amount paid by the consumer when, after having satisfied three complaints to the consumer by repairing the same product within the warranty period, there is a subsequent inconsistency of the goods with the contract of sale.
The consumer may exercise the above rights within two years from the delivery of the consumer goods. The consumer can not invoke and lose his / her rights under the warranty provided:
- in the case of not provided payment documents;
- in the event of damages caused by the transport of the Customer Order;
- damage to the product by improper unpacking, by sharp and cutting objects;
- when attempting to repair and remove a mismatch;
- in the event of damage / defects caused by improper operation (from moisture, scratch, breakage, smudge, breakage, burning and other actions and inactions caused by the user);
- in the event of a violation of the physical integrity of the good.
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Art. 112. In the event of non-compliance of consumer goods with the sales contract, the consumer is entitled to claim a claim by requiring the seller to bring the goods into conformity with the sales contract. In this case, the consumer may choose between repairing the goods or replacing them with a new one, unless this is impossible or the remedy chosen by him is disproportionate to the other.
Art. 113. Where the consumer product does not comply with the sales contract, the seller is obliged to bring it into line with the sales contract.
Art. 115. The consumer may exercise his right under this section within two years from the delivery of the consumer goods.
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The legal / commercial warranty provided for the product does not cover damage caused by force majeure (flood, earthquake, fire and other natural disasters).
X. Final provisions
26. "Barbaron BG" Ltd takes care that the information in the e-shop is always kept up to date and correct, and the exact information can be obtained by phone: 02 490 12 96.
27. All sizes announced in the online e-shop are approximate.
28. Minor discrepancies in the color nuances of the photo material on the e-shop site and the true color shades of the products are possible.
29. "Barbaron BG" Ltd does not guarantee that the access to the e-shop will be uninterrupted, timely, secure and free of error, as far as it is beyond the capabilities, control and will of “Barbaron BG” Ltd.
30. "Barbaron BG" Ltd. is the administrator of personal data. "Barbaron BG" Ltd. guarantees the inviolability of the information containing personal data provided by the Customers. Disclosure is only possible in cases where information is requested by government authorities or officials authorized by law to require and collect information containing personal data and in compliance with the statutory order.
31. By accepting these General Terms and Conditions, the Client gives his / her indefinite, explicit and unconditional consent, to his / her possible explicit written revocation, the personal data provided by him / her may be collected, stored, processed and used by “Barbaron BG” Ltd and / or authorized by the third party including, but not limited to, courier services, banks, etc. for the purposes of implementing the distance and delivery contract for ordered goods as well as for any other law not forbidden by law.The Customer may at any time receive information as to whether the personal data he has provided are processed and used by “Barbaron BG” Ltd, as well as the purposes of the processing and use.
32. These Terms and Conditions shall enter into force as of the date of their publication. "Barbaron BG" reserves the right to change these Terms and Conditions at any time by publishing these changes on its website www.barbaron.bg in a timely manner, together with a change notice.