General terms and conditions for online shop of WMF BULGARIA
§ 1 Scope
(1) These Terms and Conditions regulate only the contractual relationship between Seller WMF BULGARIA Ltd. ("Seller"), registered in the Commercial Register with UIC 201215755, having its registered seat and address of management in Sofia 1504, Sredets district, 36, Shipka Street, and the respective Buyer arising out of the www.wmf.bg Online Sales Platform.
(2) Buyers can be both user and traders.
(3) "User" within the meaning of these General Terms and Conditions is any natural person who, as a party to contracts which are falling within the scope of these General Terms and Conditions, acts outside the scope of his commercial or economic activity, business, craft or profession.
(4) “Trader” within the meaning of these General Terms and Conditions is any natural or juridical person whether private or public, which is acting, including through the intermediary of another person, acting on his or her behalf, for purposes which are within the boundaries of its trade or business, craft or profession in connection with contracts falling within the scope of these General Terms and Conditions.
§ 2 Subject of the contract
(1) The subject of the relevant contract is the sale of goods by the Seller to the buyer via the www.wmf.bg internet sales platform.
(2) Fixed-price offers placed on the common page of the vendor's shop www.wmf.bg are binding offers on behalf of the seller to conclude a sales contract for the respective good.
§ 3 Conclusion and language of the contract
(1) The vendor offers his goods in form of a fixed price.
(2) In the case of sale of fixed-price goods, the offer is accepted by the buyer by pressing the "buy" button and the subsequent confirmation. In the case of fixed-price goods of which the buyer has chosen the "immediate payment" option, the offer is accepted when the buyer clicks the "pay immediately" button and performs the next payment process immediately. The buyer can also accept the offer by placing goods in the consumer basket (as far as they are available) and making the next payment process immediately.
(3) The contract text is not kept by the seller and can not be downloaded after completion of the order process. Once the contract has been concluded, the seller sends the buyer an email confirmation, indicating the details of the order with instructions for the execution of the sales contract. Information about the order is kept by the seller within 90 days of signing the contract.
(4) The language of the contract shall be the Bulgarian language.
(5) The buyer may find errors in the uploaded information before submitting the order by verifying it on a dedicated website and, if necessary, correcting it by returning to the previous page by pressing the "back" button.
§ 4 Right of cancellation
(1) If the buyer is a consumer, he has the right to cancel the contract within a period of 14 days without giving any reasons, so he does not owe any indemnity or penalty. In the case of sales contracts, the cancellation period shall be 14 days from the day on which the buyer or third party, other than the carrier and indicated by the buyer, takes possession of the goods. In the case of a contract for the sale of multiple goods ordered with one contract but delivered separately, the period for exercising the right of cancellation shall be 14 days from the day on which the buyer or a third party, other than the carrier and indicated by the buyer takes possession of the last good. In the case of a contract for the supply of a good consisting of multiple lots or parts, the period for exercising the right of cancellation shall be 14 days from the day on which the buyer or a third party other than the carrier and indicated by the buyer takes possession of the last lot or part. In the case of contracts for regular supply of goods during a specified period of time, the period for exercising the right of cancellation shall be 14 days from the day on which the buyer or a third party other than the carrier and indicated by the buyer takes possession of the first good.
(2) In order to exercise his right of cancellation, the buyer must inform the Seller of his decision to cancel the contract by sending an explicit statement (for example by mail, fax, or e-mail). To do this, he can use the enclosed cancellation form in Appendix№ 1 of these General terms and conditions, but this is not required. The right of cancellation is exercised within the term if you send the notice of its exercise before the expiration of the term.
§ 5 Consequences of the cancellation
(1) In case of cancellation of the contract, the seller must refund the buyer all sums received by the buyer, including the delivery cost (except for the additional costs incurred by the option of a delivery other than the cheapest type of standard delivery offered by the trader) without undue delay, and in any event within 14 days from the day on which the buyer's decision to cancel the contract was notified. The seller performs the refund using the same means of payment as the one used by the buyer in the original transaction, unless the buyer explicitly agrees otherwise; the buyer shall in no case charge refunds. The seller has the right to refuse payment until the goods are returned or until the buyer proves he has returned the goods, depending on that which one of both events occurs earlier.
(2) The buyer shall send the goods back to the Seller at his own expense without undue delay and in any case within 14 days from the day on which he has informed the seller of his decision to cancel the contract. The deadline is kept if the consumer returns the goods back before 14 days have passed from the date on which the consumer informed the seller of his decision to cancel the contract. The consumer only has the direct costs of returning the goods.
(3) The purchaser shall only be responsible for reducing the value of the goods caused by handling them other than what is necessary to establish the nature, characteristics and good functioning of the goods.
(4) Notwithstanding the statutory right of cancellation, the buyer may return to the seller all the goods sent directly by him within 14 days of receipt, provided the goods are in unused and undamaged condition.
(5) The goods which have to be returned to the seller as a result of exercising the right to cancel the contract should be sent only to the following address:
WMF Central Store
6 prof. Nikola Marinov str.
Lozen 1151, Sofia
(6) Cancellation form you will find eclosed to these General terms and conditions (Appendix № 1).
§ 6 Delivery
(1) The deadline for handling the order and shipping the goods is up to 10 working days from the conclusion of the contract for goods that are available at the time of order. In the case of goods not available at the moment of order, the delivery period is 2-4 weeks. Delivery date refers to receipt of payment on the day of sale and can be seen on the goods page. When the payment is received later, the delivery date is also postponed.
(2) If the delivery is not possible within the specified term due to unavailability of the ordered goods and the impossibility of delivery by the main supplier, the Seller shall be obliged to inform the Buyer immediately in writing about the exhausting of the goods and propose a new term for its accomplishing. If the Buyer disagrees with the proposed new delivery deadline, he has the right to withdraw from the contract. The delivery goes in the respective expenses specified in the offer for the dispatch of the goods. The carriage of goods is only performed by the carriers proposed by the Seller If the buyer is an user, the risk of loss or damage to the goods passes to him at the moment when he or a third party, indicated by the buyer and other than the carrier, takes possession of the goods. If the buyer is a trader, the risk of accidental loss or damage to the goods passes to him at the time the goods are delivered to the engaged carrier. Without disturbing the rights of the consumer with regard to the carrier, the risk passes to the user when the goods are handed over to the carrier if the consumer has ordered the carrier to transport the goods and the carrier chosen by the consumer is not among the carriers offered by the trader.
§ 7 Payment
(1) The buyer is obliged to pay the price in advance. The price is due immediately after the conclusion of the contract and must be paid through one of the payment methods offered by the seller.
(2) The prices stated at the moment of ordering on the goods page are valid. The quoted prices are final prices, ie. with statutory VAT included.
(3) Seller offers the following payment methods:
- direct debit payment;
- credit card payment.
- cash payment
§ 8 Compliance guarantee
(1) Unless otherwise provided in this paragraph, the legal regulations on the guarantee of compliance apply. The warranty does not cover service and maintenance activities.
(2) If the buyer is a consumer, the warranty claims may be lodged within two years from the delivery of the item, but no later than two months after the finding of the non-compliance. If the buyer is a trader, the warranty claims shall be lodged within 1 year of the delivery of the item. If a seller deliberately disclaims a defect, claims shall be extinguished within three years. If a seller deliberately disclaims a defect, claims shall be extinguished within three years.
(3) The buyer's warranty rights are conditioned by the due fulfillment of his obligation to review and timely notification of the existence of a defect unless he is a consumer. Disadvantages that can not be identified as part of a proper review should be communicated to the Seller immediately after their discovery; otherwise the product is considered to have been approved even with the presence of these deficiencies.
(4) The buyer shall have the right to follow-up in the case of claims against the Seller, to eliminate the defect or to replace the defective goods. The seller may refuse the way the buyer chooses to execute in the future if the chosen method of enforcement imposes on the seller unreasonable costs compared to the other. In particular, the value of the good, if not flawed, the significance of the discrepancy, as well as the question of whether it is possible to offer another way of execution that is not associated with significant inconvenience to the buyer, is considered. If the remedy fails, the buyer is entitled to either cancel the contract or request a reduction of the agreed price. If the buyer is a trader, he has the rights under Art. 195 of the Bulgarian Law on Obligations and Contracts.
(5) From the legal guarantee of compliance, wearing out parts, damage from transhipment and altered gear are excluded. In addition, liability for defects is also excluded when the fault is caused by natural wear, temperature and weather influences as well as faulty contacts, defective assembly, service, lubrication and used force. Further, legal liability for inconsistencies caused by improper use of the machine, for example, is excluded. improper modifications or unsolicited maintenance activities on the part of the buyer or third parties, as well as deliberate overloading of the machine. Further explanations are contained in the instruction manual when available. A prerequisite for warranty service is that the Buyer has complied with the operating, maintenance and repair instructions contained therein.
(6) Notifications of non-compliance by traders shall be accepted only in written form. Notifications of non-compliance by users may be in written or oral form. When making a claim, the Buyer shall submit to the Seller a warranty card when available for the commodity concerned and a receipt / invoice, as well as any other documents proving the defects of the goods and establishing the claim on grounds and amount.
(7) The above limitation periods do not apply in the case of intent. In addition, they do not apply to claims of defects in the case of damage to life, body or health, in the case of gross negligence or guilty breach of essential contractual obligations.
§ 9 Termination and break of the contract
(1) Except as provided in these General Terms and Conditions, the contract between the parties shall also terminate upon termination of the activity of WMF BULGARIA EOOD or termination of maintenance of its site.
(2) When the Seller fails to deliver and transfer the goods within the period specified in the contract or within the legal term of 30 days, the Buyer shall require the transfer and delivery of the goods to be made within an additional period, depending on the circumstances. If the Seller fails to transfer and deliver the goods within this additional period, the Buyer shall be entitled to break the contract. In the event that the Seller has refused to deliver the goods or the delivery of the goods within the agreed delivery time, it is essential to the consumer taking into account all the circumstances of the conclusion of the contract or the consumer has notified the trader before the conclusion of the contract that it is essential that the delivery be made on a specific date or at a later date and that it does not deliver and deliver the goods at the time agreed with the Buyer or within the 30-day period, the consumer is entitled immediately terminate the contract.
(3) Upon termination of the sales contract, the seller shall be obliged to refund to the consumer, without undue delay, any sums paid under the contract.
§ 10 Liability
(1) The seller is liable under the law for damages arising from damage to life, body, health and other damages based on a gross or gross violation of essential obligations under the contract. In all other cases, the vendor's liability is excluded, unless there is an intentional violation of substantive law.
(2) The provisions of the Bulgarian Consumer Protection Act on liability for damages caused by defective goods are not affected.
§ 11 Insurance against transport risks
(1) The insurance for transport risks covers all the insurance risks to which the goods transported are exposed, including but not limited to damage to the goods as a result of the transport, the theft of the cargo or its non-delivery.
(2) The risks are not covered after the interruption of the carriage or the deviation from the road.
(3) The insurance is valid only on condition that the buyer finds the damage in the package / the goods on the day of receipt. If the Buyer accepts the cargo before the damages are established, no compensation is due.
(4) The buyer has to document properly the identified damage. Photographs of the damaged item and the packaging, as well as proof of the value of the property, are an integral part of the insurance claim. The buyer should provide photographs of the damaged parcel, the outer and inner packaging and the damaged item, a brief description of the defect and a receipt.
§ 12 Reviews and comments of customers of the online shop
(1) When you post content, provide reviews, comments or other content on this website, you grant WMF BULGARIA EOOD and its affiliated companies, which between themselves constitute companies with majority ownership or majority shareholding companies, dependent and controlling companies, group (concern) companies, branches and others, the non-exclusive, perpetual, royalty-free, sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate and create derivative works, distribute and display such content worldwide in any media.
(2) You agree that the rights you have granted above are irrevocable for the term of protection of your intellectual property rights in such content and materials.
§ 13 Information on the protection of personal data
(1) "Personal data" means any information relating to an identifiable natural person or natural person; an identifiable natural person is a person who can be identified, directly or indirectly, in particular by an identifier such as name, identification number, location data, online identifier or one or more signs specific to the physical, physiological, genetic, mental, intellectual, economic, cultural or social identity of that individual.
(2) By accepting these Terms and Conditions, the buyer expressly agrees to the collecting, use, transmission, storage and protection of their personal data as described in this paragraph and the Privacy Policy of WMF BULGARIA EOOD. Personal data (e.g., name, address, phone number, email address) are used exclusively for the processing of queries or execution of sales, or other targets trusted by the buyer and in compliance with applicable legal provisions. Personal data shall be handled confidentially and shall not be disclosed to third parties unless it is necessary for the performance of the order or for other purposes trusted by the buyer and / or the buyer has agreed in writing or electronically with such use or the seller is legally obliged to do so.
(3) The buyer has the right at any time to withdraw in the future his consent to the collecting, processing and use of his personal data.
(4) The buyer has the right to receive information about the stored data and if necessary to request their correction or deletion. If the buyer so requests, the vendor shall report to him, under applicable law, whether and what personal details of the buyer are stored with him.
(5) Upon conclusion of the contract, the Buyer agrees for collecting, processing and using his personal data in accordance with the above instructions. The continued use of personal data is only possible with the explicit consent of the buyer, which may be withdrawn in the future at any time.
§ 14 Final provisions
(1) The present General Terms and the relevant concluded contract of sale shall apply exclusively Bulgarian law. Excludes the applicability of the provisions of the UN Convention on Contracts for the International Sale of Goods. In case the buyer is a consumer, Bulgarian law shall be applied insofar as it does not restrict the protection provided by mandatory legal provisions provided by the state in which the purchaser is habitually resident.
(2) If the buyer is a trader, all disputes arising out of or in connection with the concluded contract or these General Terms and Conditions shall lie with the courts of the seller's registered office in Sofia. Where the buyer is a consumer, jurisdiction shall be determined in accordance with the provisions of REGULATION (EU) NO 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. In the event that parts of these General Terms and Conditions are partially or totally invalid, the validity of the other provisions shall not be affected. In the place of invalid reservations, the legal provisions apply, as far as they exist.