GENERAL TERMS AND CONDITIONS FOR USING THE E-SHOP
Features of the e-shop
Using an e-shop
Products and services
Signing a contract
Technical steps for concluding a Sales Contract
Art. 1. The present general conditions are intended for regulation of the relations between "Handsimo" EOOD, Sofia, 1729, Mladost district, residential complex Mladost 1a, Anna Akhmatova Str., Bl. 536 a, fl. 5, ap. 18, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USER / S, of the online store www.handisimo.com, hereinafter referred to as the "E-SHOP".
Online store www.handisimo.com is owned by Handisimo EOOD, UIC 205521653, a company registered under the Commercial Law of the Republic of Bulgaria, with registered office and address of management: Sofia, pk1729, Mladost district, residential complex . Mladost 1a, Anna Akhmatova Str., Bl. 536 a, fl. 5, ap. 18.
Art. 2. These general terms and conditions determine the general conditions under which the Client may use the Website / Content / Services when there is no other valid agreement between the Provider and the Client.
Art.3. Use, including but not limited to access, visit and viewing of the Website / Content / Services implies that the Client adheres to these General Terms, except in cases where the use of the content has special conditions.
Art.4. Access to the Content / Services is possible only and exclusively through the publicly available website www.handisimo.com.
Art.5. If the Client does not agree or decides to withdraw his consent to these general terms and conditions:
(1). The Client must notify the Provider of this and delete his client profile. The notification is made in one of the ways of communication, which are specified in these general terms and conditions or in another way that the Customer and the Provider have used in their relations with each other.
(2). The Customer may not unilaterally withdraw its consent until it has paid all amounts due to the Provider.
(3). If the Client has paid all due funds to the Supplier and withdraws his consent at the time of the Order, the Supplier will terminate the order, and the Client must pay the costs incurred, the work performed and the profit he would receive from the work.
(4). The withdrawal of the Client's consent to these general terms and conditions shall take effect in the future.
(5). By deleting his account, the Client waives access to the Services offered by the Provider through its Website, as well as from any other communication with the company in connection with the Services offered on the Website. The provider is not responsible for the consequences for the person as a result of his refusal.
(6). The provider has the right to delete from its database all information related to the person who deleted his customer profile.
(7). The website may only be used by persons over 18 years of age. By creating a Client Profile, the Client declares that he has reached 18 years of age.
(8). The Client is obliged to provide only correct data when creating his Account and in its subsequent changes. He is responsible for the damages suffered by the Provider and its Partners as a result of providing incorrect data.
(9). Each Client can have only one Account on the Website.
ІІ. SUPPLIER DATA
Art. 6. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: Hendisimo EOOD;
2. Headquarters and address of management Sofia;
3. Address for exercising the activity: zh.k. Mladost 1a, Anna Akhmatova Str., Bl. 536 a, fl. 5, ap. 18;
4. Data for correspondence: Sofia, zh.k. Mladost 1a, Anna Akhmatova Str., Bl. 536 a, fl. 5, ap. 18, e-mail: firstname.lastname@example.org;
5. Entry in public registers: UIC 205521653
6. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia 1592, Prof. Tsvetan Lazarov ”№ 2,
tel .: (02) 940 20 46
fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
Art.7. The Provider publishes on the Website complete and accurate data about its identification and the ways of contacting it by the Client.
Art.8. By using the contact form provided on the Website, the Customer allows the Provider to contact him in the ways specified therein, including electronically.
Art.9. The access to the Website, the sending of e-mail notifications and other messages to the Provider is done electronically, by telephone or any other means available to the Client. The use of the respective means of communication by the Client is considered to be his consent for the Provider to contact him in the appropriate manner.
III. CHARACTERISTICS OF E-SHOP
Art. 10. The e-shop is available at the Internet address www.handisimo.com, through which the Users have the opportunity to conclude contracts for purchase and sale and delivery of the goods offered by the E-SHOP, including:
1. To register and create a profile for viewing the E-SHOP and use the additional services to provide information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the E-SHOP through the interface of the page of the E-SHOP, available on the Internet;
3. To conclude contracts for purchase and sale and delivery of
goods offered by E-SHOP;
4. To make any payments in connection with the concluded contracts with the E-SHOP, according to the payment methods maintained by the E-SHOP.
5. To receive information about new goods offered by the E-SHOP;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be notified of the rights arising from the law mainly through the interface of the E-SHOP page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier, for which the right of withdrawal from the contract is applicable;
Art. 11. The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 12. (1) The users conclude a contract for purchase and sale of the goods offered by the E-SHOP through the interface of the Provider, accessible on its website or other means of communication at a distance.
(2) By virtue of the contract concluded with the Users for purchase and sale of goods, the Provider is obliged to deliver and transfer the ownership of the User to the goods determined by him through the interface.
(3) The Users pay to the Provider remuneration for the delivered goods according to the conditions, determined on the E-SHOP and the present general conditions. The remuneration is in the amount of the price announced by the Provider at the address of the E-SHOP on the Internet.
(4) The Provider delivers the goods ordered by the Users within the terms and under the conditions determined by the Provider on the website of the e-shop and according to the present general conditions.
(5) The price for the delivery shall be determined separately and explicitly from the price of the goods.
Art.13. (1) The User and the Provider agree that all statements between them in connection with the conclusion and execution of the contract of sale may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User during registration, if the User has entered the respective name and password for access.
Art. 14. (1) By creating a Client profile on the Website, the Client agrees to receive brochures, notices, correspondence, advertising messages, commercial messages and information and others from the Provider, including electronically or on paper at the postal address of The client.
The creation of a client profile will be considered as cancellation of all explicitly stated disagreements for receiving electronic or written correspondence, brochures, notices, correspondence, advertising messages, commercial messages and information and the like from the Provider.
(2) The client may refuse to receive brochures and / or notices at any time by using the special internet connection.
IV. USE OF E-SHOP
Art.15. (1) In order to use the E-SHOP for concluding contracts for purchase and sale of goods, the User should enter his chosen name and password for remote access, in cases where the e-shop requires registration.
(2) The name and the password for remote access are determined by the User, by registration electronically on the website of the Provider.
(3) By filling in his data and pressing the buttons "Yes, I accept" or "Registration", the User declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information for activating the registration is also sent.
(5) Upon registration, the User undertakes to provide accurate and up-to-date data. The user promptly updates the data specified in his registration in case of change.
(6) In order to use the full functionality of the e-shop of the Provider, the User is obliged to register on the site of the e-shop. The Provider is not responsible if due to lack of registration the User could not use the full functionality of the e-shop, including in terms of exercising rights under the contract, the ability to claim a lower price and other similar functions.
V. PRODUCTS AND SERVICES
Art.16. (1) Anyone who has created their Profile on the Website has access to the Services provided by the Provider and to the products offered by him.
(2) The Provider may restrict the access to products and services of a Client in view of his behavior, and this cannot be interpreted as a manifestation of discriminatory attitude on the part of the Provider.
(3) Information on products and services
1. The provider publishes on the website information about the products and services offered by him at the time, their specifics and price.
2. All prices on the website are in Bulgarian levs (BGN), include value added tax (VAT) and are current as of the day of the order.
3. The invoicing of the purchased products is done only in Bulgarian levs (BGN).
(4) Some of the products may have a contractual warranty and this will be mentioned in the description of the product during its exclusive sale on the website. The exact details related to such a warranty are provided with the documents accompanying the product and no one has the right to claim a longer warranty period than explicitly mentioned.
(5) The Provider does not guarantee the availability of any product / service that can be purchased from the Website.
VI. SIGNING A CONTRACT
Art.17. (1) The presentation of products and services on the Website is a public invitation within the meaning of Art. 290 of the Commercial Law by the Supplier to make a proposal for concluding a contract in accordance with the invitation. It does not constitute an offer to enter into a contract by the Provider.
(2) The Supplier shall not be liable if at the time of the Order there is no availability of the finished product selected by the Customer or of the materials necessary for the manufacture of a custom product. In this case, the Provider notifies the Client that there is no availability of the established method of communication between them.
Art. 18. (1) The Client may order the products offered by the Supplier at any time only through the Website.
(2) By sending his order, the Client makes a proposal to the Supplier for concluding a contract for the purchase of a certain product or for the production of a certain product according to specifications specified by the Client.
(3) The Supplier is obliged to make the product ordered by the Client in accordance with the specifications contained in the Order, and the Client is obliged to accept and pay for the product made in accordance with the specifications set by him in the Order.
(4) The price of the products and services is the one indicated during the Order. The Supplier cannot change the price after this moment, unless the Customer changes the specifications of the manufactured product, this change is explicitly approved or accepted by the Supplier and the change requires an increase in price.
Art.18 Manner of payment: cash on delivery, by bank account
Art. 19 The Supplier shall not be obliged to accept the proposal addressed to him for concluding a contract, when there are reasonable reasons for its refusal. Reasonable reasons may be - the exhaustion of the availability of the ordered goods or materials for its manufacture; the impossibility to make the product in accordance with the specifications set by the Client; the information provided by the Client to his Account is incomplete or incorrect; The Client has not fulfilled the due obligation for payment to the Provider or has violated other ensuing obligations, etc. The Provider is obliged to notify the Client that he does not accept his offer within 30 days and to refund the prepaid amounts, if any.
Art. 20 The contract is considered concluded at the moment of completion of the order. In the case of a prefabricated product, the completion of the order is the moment of receipt of a system message from the Supplier with the order data. When it comes to providing a product manufacturing service of the Customer's choice, the completion of the order is the moment of receipt of a system message, as well as additional confirmation by electronic means from the Provider regarding the order data.
Art.21 The costs for additional services, including, but not limited to, the delivery of the finished product, shall be paid by the Client.
VII. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
Art. 22. (1) The users mainly use the interface of the Provider's page in order to conclude contracts for purchase and sale of the goods offered by the Provider in the E-SHOP.
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User represents the present general conditions, available on the site of the E-SHOP.
(4) A party to the contract with the Provider is the User according to the data provided during the registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data with which an account has been created with the Provider.
(5) The provider shall include in the interface of its website, technical means for establishing and correcting errors in the input of information, before the statement for concluding the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Provider or the acceptance of the general conditions in another explicit way, including through a statement on the website of the Provider. The contract for purchase and sale of goods is considered concluded from the moment of its application by the User through the interface of the Provider.
(7) For the conclusion of this contract and for the conclusion of the contract for purchase and sale of goods, the Supplier shall explicitly notify the User in an appropriate manner by electronic means.
(8) The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data indicated by the Users are incorrect or misleading.
Art. 23. (1) The Users shall conclude the contract for purchase and sale with the Provider under the following procedure:
Carrying out registration in the E-SHOP and providing the necessary data or by ordering goods without registration;
Entering the system for placing orders in the E-SHOP by identifying with a name and password and another way of identification;
Selecting one or more of the goods offered on the E-SHOP and adding them to a list of goods for purchase;
Providing delivery data;
Choice of method and time for payment of the price.
(2) Users may enter into a contract of sale with the Provider without registration, using the relevant functionality in the interface of the e-shop.
VIII. PRODUCT DELIVERY
Art.23. (1) The customer has the opportunity to choose from the methods of delivery of the purchased / manufactured products, indicated by a supplier on the Internet site.
(2) The delivery time for an order for production of a product shall be determined depending on the necessary time for production of the product selected by the Client. When an order is made for a finished product, the delivery time is up to 3 working days from the conclusion of the contract.
(3) The risk of loss of the subject of delivery passes to the Client at the moment of its delivery by a supplier to the respective courier company. The Customer cannot claim responsibility from the Supplier for changes and damages in the product, which occurred during its transportation.
(4) The goods ordered for purchase shall be delivered with appropriate according to its type packaging and transport to the delivery address indicated by the Customer within a sufficient period according to the circumstances, agreed between a Representative of the e-shop www.handisimo.com and the Customer.
(5) The goods shall be delivered to the delivery address of the Client or to a third party - a representative of the Client, who shall accept and confirm the receipt of the same on behalf of the Client. Upon delivery of the goods, the Customer or the third party - a representative of the Customer shall sign the accompanying documents, serving as confirmation of delivery of the goods.
(6) The Supplier is obliged: to transfer to the Client the actual power of the purchased goods after the receipt by the Supplier or his representative of the purchase price of the specific goods; to deliver in time the goods ordered for purchase; to take due care to perform its duties.
IX. PRODUCT RETURN
Art.24. (1) When the Customer is a consumer, he has the right, without due compensation or penalty and without stating a reason, to withdraw from the order for finished goods within 7 working days of receipt of the product. In this case, the costs related to the return of the product to the Supplier are also at the expense of the Client. The Customer does not have this right if he has placed an order for delivery of goods made in accordance with the requirements of the Customer.
(2) The Customer is obliged to inform the Supplier of his intention to return the purchased products within 5 working days after receiving the products and / or services.
(3) A Customer who notifies the Supplier in accordance with the above item must return the respective product to the Supplier no later than 5 days from the submission of the notification, otherwise the Supplier will consider the request for return withdrawn.
(4) The Customer is obliged to store the goods received from the Supplier until their return, otherwise he is responsible for their damage. He must return the product in its original packaging, without traces of use or distortion of the commercial appearance of the goods.
(5) In this case, the Supplier undertakes to refund the value of the product, within 30 days from the date on which the consumer returned the product (s).
Art. 25. (1) The Provider shall not be liable for the actions of third parties who illegally use the Content.
(2) The Provider shall not be liable for any damages (direct, indirect, incidental or not or other), occurred as a result of using or inability to use information regarding the type of content presented on the Website or for any errors or omissions. in the Contents.
(3) The Provider is not responsible for the Content, quality or type of other Internet pages, reached through Internet links from the content of the Internet page, regardless of the type of links. The responsibility for these websites is fully assumed by their owners.
(4) The Provider is not liable for any damages if they have occurred in non-compliance with these General Terms and Conditions.
(5) The Supplier shall not be liable if the Customer does not approve the manufactured product due to incorrectly specified in the order sizes and other specifications.
(6) The Provider is not responsible for any differences between the actual color of the product and the one displayed on the Client's screen, which arise from the characteristics of the technical means that he has used to access the Website.
(7) The consequences of possible incorrect performance of a contract by the Provider shall be settled according to the general rules of the civil legislation, and when the client is a User - the provisions of the Consumer Protection Act shall apply.
XI. FORCE MAJEURE
Art. 26. (1) Each party to a concluded contract, which is still in force, shall not be liable for non-performance, when the non-fulfillment of the obligations has occurred as a result of force majeure.
(2) The party, which refers to force majeure, must immediately and exhaustively notify the other party about the occurred event and to take measures for its overcoming and for limiting its consequences.
(3) If within 15 days from the moment of occurrence of the event it cannot be overcome, each of the parties has the right to request from the other termination of the contract, without any of the parties to bear responsibility for caused damages.
XII. PERSONAL DATA PROTECTION POLICY
Art. 27. (1) The Provider accepts and announces on its website a Policy for protection of personal data.
(2) The Provider collects personal data from the Client profiles on the Website only with the consent of the Client and uses them for the following purposes:
1. Providing the Client with access to the Content and the provided Services.
2. Making contact with the client in connection with the conclusion of a contract for the sale of the offered goods or a contract for the manufacture of a product to order of the Client.
3. Sending brochures and / or notices electronically.
4. Statistical goals.
(3) The creation of a Profile on the Website is considered the consent of the Client, the Provider to collect and process his personal data.
(4) The Provider may, without the consent of the Client, collect other data provided by the web browser, through which the Internet site has been accessed and can be used to improve the Services provided to the Clients.
(5) The Client has the right to oppose the collection and processing of his personal data by the Provider and to request that they be deleted. In this way, the Client withdraws his consent and waives any rights described in it.
Withdrawal of the consent from the Document may not result in revocation of the rights that the Provider had towards the Client or for repayment of obligations that the Client has towards the Provider.
(6) The client may change the personal data provided by him at any time, in accordance with the requirement for authenticity of the provided data.
(7) The Provider undertakes to use the personal data of the Client only for the present purposes and not to provide them to third parties, except in the cases provided by law in the presence of a request from a competent state body.
(8) The Provider is not responsible for illegal actions performed by third parties, which have led to compromising the security of the server storing the personal data of the Clients.
(9) The following actions will be considered as an attempt to misuse the Website or the Content. The actions provided by law will be taken against the persons who committed them:
1. attempt to access data for another Client;
2. change of the content of the Website or of a message sent by the Provider to its Clients;
3. influencing the operation of the server / servers of the Website;
4. providing access or sharing with third parties of Content sent by the Provider to Clients, when the recipient of the content is not its legitimate recipient.
The Provider does not require from its Customers or Users by any means of communication confidential information, bank account details, bank cards or personal passwords. Exceptions are only the cases when the data are necessary for issuing invoices to the Client. The Provider shall not be liable in the event that the Client is misled by third parties claiming to represent the Provider to provide confidential information. The Client undertakes to inform the Provider in the presence of such attempts, using the available contact forms.
Art. 28 Any disputes in connection with these General Terms and Conditions, which may occur between the Client and the Provider, will be resolved by mutual consent. In case this is not possible, they will be referred to the competent Bulgarian court in accordance with Bulgarian law.
Art.29. The present general conditions and the contract of the User with the Provider are terminated in the following cases: upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
1. by mutual consent of the parties in writing;
2. unilaterally, with notice from each of the parties in case of non-fulfillment of the obligations of the other party;
3. in case of objective impossibility of any of the parties to the contract to fulfill its obligations;
4. in case of seizure or sealing of the equipment by state bodies;
5. in case of deletion of the User's registration on the site of the E-SHOP. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;
6. in case of exercising the right of refusal according to art. 55, para. 1 of the Consumer Protection Act.
XV. FINAL PROVISIONS
Art. 30 The Provider reserves the right to make changes to these General Terms and Conditions and any changes to the Website, its structure and Services, including changes that would affect the Website and / or its content without prior notice to Customers.
The Provider reserves the right to publish advertising banners of any kind and / or links on any part of the Website, in accordance with applicable law.
Art.31. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 32. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
Art.33. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.
Art.34. These general terms and conditions enter into force for all Users on June 1, 2019.
Website - only the domain www.handisimo.com
Supplier - Handisimo EOOD, UIC 205521653, with registered office and address of management: Sofia, pk1729, Mladost district, zh.k. Mladost 1a, Anna Akhmatova Str., Bl. 536 a, fl. 5, ap. 18.
Partners - commercial companies with which a supplier has concluded contracts servicing its activity for the provision of services and / or products through the Website.
Service - Electronic commercial service performed on the publicly accessible parts of the Website, in order to provide the Customer with the opportunity to purchase products made in advance and in full or to order the Supplier to manufacture products in a combination of active elements set by the Provider and formed according to his own needs and preferences, using only electronic means.
Profile - an element consisting of an e-mail address and a password, which allow only one person to access limited active parts of the Website and through which the Services are accessible.
Client - a natural or legal person who owns or acquires access to the Content and Services after the creation of a Client account.
Document - the present general conditions with which the Client agrees, creating his Client profile.
Contract for sale or production at a distance - any contract concluded on the basis of a public invitation by the supplier / supplier / to the Clients as part of a system for sale of goods or provision of services, in which from the date of the invitation to the conclusion of contract, the parties are not in physical contact with each other.
Sending the order - the moment when the Client details his choice in accordance with the services / products offered by the Provider and in the way indicated by the interface used makes a proposal for concluding a distance contract in accordance with the proposal submitted by the Provider.
Completion of the order - the moment of concluding a distance contract. In the case of a prefabricated product, the completion of the order is the moment of receipt of a system message from the Supplier with the order data. When it comes to providing a product manufacturing service of the Customer's choice, the completion of the order is the moment of receipt of a system message, as well as additional confirmation by electronic means from the Provider regarding the order data.
Transaction - collection or refund of funds resulting from the sale of a product or provision of a service by a supplier to a Customer.
Consumer - any natural person who acquires goods or uses services that are not intended for commercial or professional activity, and any natural person who, as a party to a contract under this law, acts outside his commercial or professional activity.
These general terms and conditions enter into force for all Users on June 1, 2019.