GENERAL TERMS AND
CONDITIONS FOR USING THE E-SHOP
HANDISIMO
General
Provider Details
Features of the e-shop
Using an e-shop
Products and services
Signing a contract
Technical steps for concluding a Sales
Contract
Product delivery
Product return
Responsibility
Force majeure
Privacy policy
Disputes
Termination
Final provisions
Definitions
I. General
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: office@handisimo.com;
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: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg.
(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
Website: www.kzp.bg.
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.
Order confirmation;
(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).
X. RESPONSIBILITY
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.
XIII. DISPUTES
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.
XIV. TERMINATION
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.
XVI.DEFINITIONS
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.