Groom BG
I. SUBJECT
Art. 1. These general terms and conditions govern the relationship between "Maria Commerce" EOOD, Sofia, Nadezhda district, NADEZHDA housing estate, bl. 172, shop 13, hereinafter referred to as the SUPPLIER, and its customers, hereinafter referred to as USERS, of the online store www.groom.bg, hereinafter referred to as the "ONLINE STORE".
II. SUPPLIER DETAILS
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Supplier's name: "Maria Commerce" EOOD
2. Registered office and management address: BULGARIA, Sofia, Nadezhda district, NADEZHDA housing estate, bl. 172, shop 13
3. Address of business activity: BULGARIA, Sofia, Nadezhda district, NADEZHDA housing estate, bl. 172, shop 13
4. Correspondence details: [email protected]
5. Entry in public registers: EIK 131111680
6. Personal data administrator certificate number № ……………………..
7. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia 1592, 2 "Prof. Tsvetan Lazarov" Blvd.,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: [email protected], [email protected]
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A "Slaveykov" Sq., floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
8. VAT registration number BG131111680
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is accessible at www.groom.bg, through which Users can conclude contracts for the purchase and delivery of the goods offered by the ONLINE STORE, including the following:
1. Register and create an account to browse the ONLINE STORE and use the additional information services;
2. Make electronic statements in connection with the conclusion or performance of contracts with the ONLINE STORE through the interface of the ONLINE STORE's website, accessible on the Internet;
3. Conclude contracts for the purchase and delivery of the goods offered by the ONLINE STORE;
4. Make any payments in connection with contracts concluded with the ONLINE STORE, in accordance with the payment methods supported by the ONLINE STORE.
5. Receive information about new goods offered by the ONLINE STORE;
6. Browse the goods, their characteristics, prices and delivery conditions;
7. Be notified of the rights arising from the law, primarily through the interface of the ONLINE STORE's website;
8. Exercise the right to withdraw from a distance contract for the goods offered by the Supplier, where the right of withdrawal applies;
Art. 4. The Supplier delivers the goods and guarantees the Users' rights provided for by law, within the criteria and conditions of good faith accepted in practice and in consumer or commercial law.
Art. 5. (1) Users conclude a contract for the purchase of goods offered by the ONLINE STORE through the Supplier's interface, accessible on its website or another means of distance communication.
(2) Under the purchase contract concluded with Users, the Supplier undertakes to deliver and transfer to the User ownership of the goods selected by the User through the interface.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the conditions set out on the ONLINE STORE and these general terms and conditions. The remuneration is equal to the price announced by the Supplier on the ONLINE STORE's website.
(4) The Supplier delivers the goods ordered by Users within the time limits and under the conditions specified by the Supplier on the online store's website and in accordance with these general terms and conditions. (5) The delivery price is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the purchase contract may be made electronically, by means of electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) Electronic statements made by Users on the site are presumed to have been made by the persons indicated in the data provided by the User upon registration, if the User has entered the corresponding username and password for access.
IV. USE OF THE ONLINE STORE
Art. 7. (1) In order to use the ONLINE STORE to conclude contracts for the purchase of goods, the User must enter a username and password of their choosing for remote access, in cases where the online store requires registration.
(2) The username and password for remote access are chosen by the User through electronic registration on the Supplier's website.
(3) By entering their details and clicking the "Yes, I accept" or "Register" buttons, the User declares that they are familiar with these general terms and conditions, agree with their content, and unconditionally undertake to comply with them.
(4) The Supplier confirms the User's registration by sending an email to the address provided by the User, which also contains information for activating the registration. The User confirms the registration and the conclusion of the contract via an electronic link in the email notifying them of the registration, sent by the Supplier. Once confirmed, a User account is created and a contractual relationship arises between the User and the Supplier.
(5) When registering, the User undertakes to provide true and up-to-date information. The User shall promptly update the details provided at registration in the event of any change.
(6) To use the full functionality of the Supplier's online store, the User undertakes to register on the online store's website. The Supplier shall not be liable if, due to a lack of registration, the User was unable to use the full functionality of the online store, including with regard to exercising rights under the contract, the possibility of claiming a lower price, and other similar features.
(7) These general terms and conditions may also be accepted by Users without registering on the ONLINE STORE, through an explicit statement of intent, including via the ONLINE STORE's website.
Art. 8. (1) The email address provided at the User's initial registration, as well as any subsequent email address used to exchange statements between the User and the Supplier, is the "Primary email address" within the meaning of these general terms and conditions. The User has the right to change their Primary contact email address.
(2) Upon receipt of a request to change the Primary contact email address, the Supplier sends a request to confirm the change. The confirmation request is sent by the Supplier to the new Primary contact email address indicated by the User.
(3) The change of the Primary contact email address is carried out following confirmation by the User, expressed via a link contained in the confirmation request sent by the Supplier to the new Primary contact email address indicated by the User.
(4) The Supplier informs the User of the change made, via an email sent to the Primary contact email address indicated by the User, before the change under para. 2 is carried out.
(5) The Supplier is not liable to the User for an unauthorised change of the Primary contact email address.
(6) The Supplier may require the User to use the Primary contact email address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
Art. 9. (1) Users primarily use the interface of the Supplier's website to conclude contracts for the purchase of goods offered by the Supplier on the ONLINE STORE. (2) The contract is concluded in Bulgarian.
(3) The contract between the Supplier and the User consists of these general terms and conditions, available on the ONLINE STORE's website.
(4) The User is a party to the contract with the Supplier according to the details provided at registration and contained in the User's personal profile. For the avoidance of doubt, this is the data with which the account was created with the Supplier.
(5) The Supplier includes on its website technical means for identifying and correcting errors in entering information before the statement concluding the contract is made.
(6) This contract is considered concluded from the moment the User registers with the Supplier or accepts the general terms and conditions in another explicit way, including through a statement on the Supplier's website. A contract for the purchase of goods is considered concluded from the moment the User orders them through the Supplier's interface.
(7) The Supplier shall explicitly notify the User by appropriate electronic means of the conclusion of this contract and of the contract for the purchase of goods. (8) The statement concluding the contract and confirmation of its receipt are deemed received when their addressees are able to access them.
(9) The Supplier delivers the goods to the address indicated by the User and is not liable if the data provided by the User is incorrect or misleading.
Art. 10. (1) Users conclude the purchase contract with the Supplier according to the following procedure:
Registering on the ONLINE STORE and providing the necessary data, if the User is not yet registered on the ONLINE STORE, or ordering goods without registering;
Logging into the ONLINE STORE's ordering system by identifying with a username and password or another means of identification;
Selecting one or more of the goods offered on the ONLINE STORE and adding them to a shopping list;
Providing delivery details;
Choosing a method and time of payment.
Order confirmation;
(2) Users may also conclude the purchase contract with the Supplier without registering, by using the relevant functionality in the online store's interface
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these general terms and conditions apply to Users who, based on the details provided for concluding the purchase contract or at registration on the ONLINE STORE, can be considered consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are set out in the profile of each item on the ONLINE STORE's website.
(2) The price of the goods, including all taxes, is set by the Supplier in the profile of each item on the ONLINE STORE's website.
(3) The cost of postage and transport not included in the price of the goods is determined by the Supplier and is provided to Users as information at one of the following times before the contract is concluded:
- In the profile of each item on the Supplier's ONLINE STORE website;
- When selecting goods to conclude the purchase contract;
(4) The method of payment, delivery and performance of the contract is set out in these general terms and conditions, as well as in the information provided to the User on the Supplier's website.
(5) The information provided to Users under this article is up to date at the time it is displayed on the Supplier's website, before the purchase contract is concluded.
(6) The Supplier must state the delivery conditions for individual goods on its website.
(7) The Supplier states, before the contract is concluded, the total value of the order for all goods contained in it.
(8) Users agree that all information required by the Consumer Protection Act may be provided via the ONLINE STORE platform interface or by email.
Art. 13. (1) The consumer agrees that the Supplier has the right to accept advance payment for purchase contracts concluded with the consumer for goods and their delivery. (2) The consumer independently chooses whether to pay the Supplier the price for delivery of the goods before or at the time of their delivery.
Art. 14. (1) The consumer has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods, using the standard withdrawal form available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Consumers may also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
1. for the supply of goods made to the consumer's specifications or clearly personalised;
2. for the supply of goods which, by their nature, may deteriorate or have a short shelf life;
3. for the supply of sealed goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
4. for the supply of goods which, after delivery, have, by their nature, become inseparably mixed with other items;
5. for the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(3) Where the Supplier has not fulfilled its obligations to provide information as set out in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within a period of up to one year and 14 days from the date of receipt of the goods. Where the information is provided to the consumer within the withdrawal period, it starts running from the date it is provided. The Consumer has the right to submit the statement of withdrawal under this article directly to the Supplier using the standard withdrawal form available on the Supplier's website.
(4) Where the Consumer has exercised the right of withdrawal from a distance contract or an off-premises contract, the Supplier shall refund all sums received from the Consumer, including delivery costs, without undue delay and no later than 14 days from the date on which it was notified of the Consumer's decision to withdraw from the contract. The Supplier shall refund the amounts received using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed to another means of payment and provided that this does not involve any cost to the Consumer.
(5) When exercising the right of withdrawal, the cost of returning the delivered goods is borne by the consumer, and the cost of returning the goods is deducted from the amount the Consumer has paid under the contract. The Supplier is not obliged to reimburse the additional delivery costs where the Consumer has expressly chosen a delivery method other than the cheapest standard delivery offered by the Supplier.
(6) The Consumer undertakes to store the goods received from the Supplier and to ensure their quality and safety are preserved during the period under para. 1.
(7) The Consumer may exercise their right of withdrawal from the contract with the Supplier by submitting a written statement to the Supplier using the standard withdrawal form available on the ONLINE STORE's website.
(8) Where the Supplier has not offered to collect the goods itself, it may withhold payment of the sums due to the consumer until it receives the goods, or until the Consumer provides proof that the goods have been sent back, whichever occurs first.
Art. 15. (1) The delivery period for the goods and its starting point are determined individually for each item when the contract is concluded with the consumer through the Supplier's website, unless the goods are ordered in a single delivery.
(2) If the consumer and the Supplier have not agreed on a delivery period, the delivery period for the goods is 30 working days, counted from the day following the sending of the consumer's order to the Supplier via the online store's website.
(3) If the Supplier cannot perform the contract because it does not have the ordered goods in stock, it must notify the Consumer of this and refund the amounts paid.
Art. 16. (1) The Supplier hands over the goods to the consumer after verifying that the requirements for providing information to the consumer under the Consumer Protection Act have been met.
(2) The Consumer and the Supplier shall certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The Consumer and the Supplier agree that the requirements under para. 1 will be considered met if certification is carried out by a person who, based on the circumstances, can be presumed to pass the information on to the consumer who is party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Supplier shall deliver and hand over the goods to the User within the period specified when the contract was concluded.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, must notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Supplier takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of the security of Users' personal data, the Supplier will send data only to the email address provided by the User at the time of registration.
(3) The Supplier adopts and publishes a Personal Data Protection Policy on its website.
(4) Users agree that the Supplier has the right to process their personal data necessary for fulfilling orders in the online store and performing the contract.
Art. 20. (1) At any time, the Supplier has the right to require the User to identify themselves and confirm the accuracy of any of the circumstances and personal data declared at registration.
(2) If, for any reason, the User has forgotten or lost their username and password, the Supplier has the right to apply the published Procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Supplier, who shall notify all registered Users in an appropriate manner. (2) The Supplier and the User agree that any addition or amendment to these general terms and conditions shall take effect with respect to the User after the User has been explicitly notified by the Supplier, and provided the User does not declare within the 30-day period given to them that they reject the changes.
(3) The User agrees that all statements from the Supplier regarding amendments to these general terms and conditions will be sent to the email address provided by the User at registration. The User agrees that emails sent under this article do not need to be signed with an electronic signature in order to be effective with respect to them.
Art. 22. The Supplier publishes these general terms and conditions on its website, together with all additions and amendments thereto.
X. TERMINATION
Art. 23. These general terms and conditions and the User's contract with the Supplier are terminated in the following cases:
upon dissolution and entry into liquidation or insolvency proceedings of one of the parties to the contract;
by mutual written agreement of the parties;
unilaterally, with notice from either party, in the event of non-performance of the other party's obligations;
in the event of objective impossibility for either party to the contract to perform its obligations;
in the event of seizure or sealing of the equipment by state authorities;
in the event of deletion of the User's registration on the ONLINE STORE's website. In this case, purchase contracts already concluded but not yet performed remain in force and subject to performance;
in the event of the exercise of the right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for delivery of the relevant ordered item is terminated, if the right of withdrawal applies to the relevant category of goods.
XI. OTHER CONDITIONS
Art. 24. The potential invalidity of any provision of these general terms and conditions shall not render the entire contract invalid.
Art. 25. For matters not settled in this contract relating to its performance and interpretation, the laws of the Republic of Bulgaria shall apply.
Art. 26. Any disputes between the parties to this contract shall be resolved by the competent court or the Consumer Protection Commission.