Art. 1. These general terms are designated for regulation of the relations between TOP TRONIX LTD, registered in Republic of Bulgaria, seat and registered address: Sofia City, registered at Registry Agency with Unified identification Code 130985327, hereinafter referred to as SUPPLIER and the clients, hereinafter referred to as USERS of the ONLINE STORE www.elekom.bg, hereinafter referred to as ONLINE STORE.
ІІ. DETAILS ABOUT THE SUPPLIER
Art. 2. Information according to the Electronic Trade Act and Consumer Protection Act:
1. Name of the Supplier: TOP TPRONIX LTD.
2. Seat and registered address: Sofia City
3. Address for practicing activity: Sofia City, P.Panayotov Str., Store 25-26
4. Correspondence data: Email: firstname.lastname@example.org, tel.: +359 888 237631
5. Registration at public registries: UIC 130985327
7. Supervisory authorities: (1) Personal Data Protection Commission: Sofia City 15 Ivan Evstatiev Geshov Str., tel.: (02) 940 20 46 fax: (02) 940 36 40 Email: email@example.com, firstname.lastname@example.org Website: www.cpdp.bg (2) Customers Protection Commission Address: 1000 Sofia City, 4A Slaveykov Square, fl.3, 4 and 6, tel.: 02 / 980 25 24 fax: 02 / 988 42 18 hotline: 0700 111 22 Website: www.kzp.bg
III. ONLINE STORE’S CHARACTERISTICS
Art. 3. ONLINE STORE is an ONLINE STORE available on the webpage address www.elekom.bg through which the Users have an opportunity to conclude contracts for sale and purchase and suppliers of commodities offered by the ONLINE STORE, including the following:
1. To carry out registration and creation of a profile for review of the ONLINE STORE and use of additional services for providing information;
2. To carry out electronic statements in relation to conclusion of execution of contracts with ONLINE STORE through the interface of the page of the webpage of the ONLINE STORE, available in Internet;
3. To conclude contracts for sale and purchase of supply of commodities offered by the ONLINE STORE;
4. To carry out all payments in relation to concluded contracts with the ONLINE STORE according to payment methods maintained by the ONLINE STORE.
5. To obtain information about new commodities offered by the ONLINE STORE;
6. To review the commodities, their characteristics, prices and supply conditions;
7. To be notified of the rights, resulting of the act mainly through the interface of the webpage of ONLINE STORE in Internet;
Art. 4. The supplier supplies commodities and guarantees the rights of the Users foreseen in law within the good faith adopted in the practice, customer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract for sale and purchase of commodities offered by the ONLINE STORE through the interface of the Supplier, available on the webpage in Internet on address www.elekom.bg or another distant communication means.
(2) Under the concluded with the Users contract for sale and purchase of commodities, the Supplier shall supply and transfer the ownership of the User to commodities determined by him through the interface.
(3) Users pay the Supplier remuneration for the supplied commodities according to the conditions determined by the ONLINE STORE and these general terms. Remuneration is in the amount of the price stated by the Supplier on the address of the ONLINE STORE in Internet.
(4) The Supplier supplies by the claimed by the Users commodities in compliance with the conditions determined by the Supplier on the webpage of the ONLINE STORE and in accordance with those general terms.
(5) The price for supply is determined individually and is explicitly depending on the price of the commodities.
Art. 6. (1) The User and Supplier agree that all statements between them in relation to conclusion and execution of the sale and purchase contract may be carried out electronically and through electronic statements under the Electronic Document and Electronic Signature Act and under art. 11 of the Electronic Trade Act.
(2) It is suggested that the electronic statements made by the site’s Users are made by the people stated in the data provided by the User during the registration, if the User has input the respective name and password for access.
IV. USE OF THE ONLINE STORE
Art. 7 (1) In order to use the ONLINE STORE for concluding contracts for sale and purchase of commodities, the User shall input distant access username and password selected by him, in cases when the ONLINE STORE requires registration.
(2) The distant access username and password are determined by the User through an electronic registration in the Supplier’s site.
(3) By completing the details and clicking the “Yes, I accept” and “Registration” buttons the User declares that is familiar with those general terms, accepts them and their contents and shall unconditionally observe them.
(4) The Supplier confirms the made by the User registration through sending a letter at an email stated by the User where information for activation of registration is sent. The recipient confirms the registration and conclusion of the contract through the electronic reference in the letter with which he has been notified of the registration, sent by the Supplier. After confirmation created is an account of the User and between him and the Supplier contractual relations occur.
(5) Upon performing of the registration the User shall provide truthful and up-to-date data. The user timely updates the data stated in the registration in case of change.
(6) In case that for the registration the User uses a profile in web social networks or other networks, the party of the contract is the individual being holder of the profile used for registration in the respective social or other network. In this case the Supplier is entitled to access to data necessary for identification of the User in the respective social or other network.
Art. 8. (1) The email address provided upon the initial registration of the User as well as every other email used for exchange of statements between the User and Supplier is “Main email” under those general terms. The user is entitled to change their own Main contact email.
(2) In case of receipt of a request for change of Main contact email the Supplier sends a request for change’s confirmation. The confirmation request is sent by the Supplier at the stated by the User new Main contact email.
(3) The change of the Main contact email is made after confirmation by the User, expressed through a forwarding contained in the confirmation request, sent by the Supplied on the new Main contact email stated by the User.
(4) The Supplier informs the User for the change via an email sent to the Main contact email stated by the User prior to carrying out the change in par. 2
(5) The Supplier does not bear responsibility before the User for faulty change of Main contact email.
(6) The supplier may require by the User use of the Main contact email in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF SALE AND PURCHASE CONTRACT
Art. 9. (1) Users use mostly the interface of the page of the Supplier to conclude contracts for sale and purchase of commodities sold by the Supplier in the ONLINE STORE.
(2) The contract is concluded in Bulgarian.
(3) The contract between the Supplier and the User presents those general terms accessible on www.elekom.bg
(4) Party of a contract with the Supplier is a User according to the data presented upon registration and containing in the personal profile of the User. For avoiding doubt those are the data with which the account was established before the Supplier.
(5) The Supplier includes in its interface at the webpage technical means for establishing and correction of errors when introducing information prior to an application for conclusion of the contract to be made.
(6) This contract is considered concluded from the moment of the registration of the User at the Supplier. The sale and purchase of commodities contract is considered concluded of the moment of its claiming by the User through Supplier’s interface.
(7) For conclusion of this contract and for conclusion of a contract for sale and purchase of commodities, the Supplier explicitly notifies in writing the User in appropriate method through electronic means.
(8) The statement for conclusion of the contract and the confirmation for its receipt are considered received when their addressee have the opportunity for access to them.
(9) The Supplier supplies the commodities at address stated by the Users and bears no responsibility in case the details given by the users are false or misleading.
Art. 10. Users conclude a contract for sale and purchase with the Supplier under the following procedure:
(1) Registration at ONLINE STORE and providing the necessary data if the User has not had registration at ONLINE STORE so far;
(2) Entry in the system for making orders of the ONLINE STORE through identification with name and password;
(3) Selection of one or more of the offered commodities by the ONLINE STORE and their adding into a list of commodities for purchase;
(4) Providing data for making the delivery;
(5) Choosing a method and moment of payment of the price.
(6) Confirmation of the order;
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this section VI of those general terms are applied only to Users for which according to data stated for conclusion of the contract for sale and purchase or re-registration at ONLINE STORE a conclusion may be drawn that are users under Consumer Protection Act, Electronic Trade Act and/or Directive 97/7/EC of the European Parliament and the Council dated 20 May 1997 regarding protecting the customer with regards to distant contracts.
Art. 12.(1) Main characteristics of commodities offered by the Supplier are determined in the profile of every commodity at the website of the ONLINE STORE.
(2) The price of the commodities with included all taxes is determined by the Supplier in the profile of every commodity in the website of the ONLINE STORE.
(3) The cost of postal or shipping services, not included in the price of the commodities, is determined by the Supplier and is presented as information to the Users in one of the following moments prior to concluding the contract:
- In the profile of each of the commodities in the website of the Supplier at ONLINE STORE;
- When selecting commodities for conclusion of a contract for sale and purchase;
(4) The method of payment, supply and execution of the contract are determined in those general terms as well as the information provided to the User in the site of the Supplier.
(5) Information provided to the Users under this article is up-to-date as at the moment of visualization on the site of the Supplier of the ONLINE STORE prior to conclusion of a contract for sale and purchase.
(6) The supplier shall mandatorily state the supply conditions of separate commodities in the site of the ONLINE STORE.
(7) The supplier states, prior to conclusion of a contract, the overall price of the order for all containing commodities.
Art. 13. (1) The customer acknowledges that the Supplier is entitled to undertake advance payment for concluded with the customer contracts for sale and purchase of goods and their delivery.
(2) The customer chooses independently whether to pay the Supplier the price of supply or commodities prior or at the moment of their delivery.
Art. 14. (1) The customer is entitled, without owning any indemnification or penalty and without stating a reason, to refuse the concluded contract within 7 working days as of the date of receiving the commodity.
(2) The rejection right under art. 1 does not apply in the following cases:
- for delivery of commodities and rendering services which price depends on the fluctuation of financial markets which the Supplier is not able to control;
- for delivery of commodities fabricated in compliance with the requirements of the customer or his individual order;
- for delivery of commodities which due to their nature are usable or cannot be returned or are liable to quick perishing or there is danger of worsening of their quality features, including for perfumes and cosmetic products;
- for delivery of audio and video records or programming products unpacked by the customer;
- for delivery of newspapers, magazines and other periodicals;
(3) When the Supplier has failed to meet his obligations for providing information determined in art. 54 of the Consumer Protection Act, the customer is entitled to reject the concluded contract within three months as of the date of receiving the commodity. When the information under this line is granted to the user within the rejection period, the same starts as of the date of its presentation.
(4) In case the customer exercises his right to reject under art. 1, the Supplier shall refund in full the paid by the customer amounts not later than 30 calendar days as of the date when the customer has practiced his rejection right. Of the amount that the customer has paid under the contract deducted are the expenses for return of the commodity, unless the customer has returned the commodity at own expense and has notified the Supplier of it.
(5) The customer shall protect the commodities received by the Supplier, their quality and safety during the term under par. 1.
Art. 15. (1) The term for delivery of the commodity and its initial moment is determined for every commodity separately upon conclusion of a contract with the customer through the site of the Supplier of ONLINE STORE unless the commodities are ordered in one delivery.
(2) In case the customer or the Supplier have not determined term for the delivery, the term of delivery of commodities is 30 working days as of the date following the sending of the order to the customer from the Supplier through the site of the Supplier ONLINE STORE.
(3) If the supplier fails to fulfill the contract due to the fact that has none of the ordered commodities, he shall notify the customer and refund all amounts paid by him within 30 working days of the date when the Supplier should have fulfilled the contract.
(4) In cases under art. 3 the Supplier is entitled to supply to the customer commodities with the same quality and price. The Supplier notifies the customer electronically for the change of contract’s fulfillment.
(5) In case of practicing the rejection right under art. 4, the expenses on return of the commodities are at the Supplier’s account.
Art. 16. (1) The supplier hands over the commodities to the customer after certifying the meeting of the requirements and the presence of circumstances under art. 61 of Consumer Protection Act.
(2) The Customer and the Supplier certify the circumstances under par. 1 in the moment of delivery though a signature, unless arranged otherwise.
(3) The Customer and Supplier acknowledge that the requirements under par. 1 and art. 61 of Consumer Protection Act will be met if the certification is a made by an individual for whom according to the circumstances a conclusion may be drawn that will transfer the information to the consumer – party of the contract.
VII. OTHER TERMS
Art. 17. (1) The Supplier delivers and hands over the commodity to the User within the term determined when concluding the contract.
(2) If the term under par. 1 is not explicitly negotiated between the parties upon conclusion of the contract, the Supplier delivers and hands over the commodity in a reasonable term, but not later than 2 months.
Art. 18. The user shall inspect the commodity in the moment of its delivery and handover by the Supplier and if it does meet the requirements to notify the Supplier immediately.
VIII. PERSONAL DATA PROTECTION
Art. 19. (1) The supplier undertakes measures for protection of personal data of the User according to the Personal Data Protection Act.
(2) For security of User’s personal data reasons the Supplier shall send the details only to email address stated by the Users in the moment of registration.
(3) The Supplier accepts and announces on his site Personal Data Protection Policy, available on www.elekom.bg
Art. 20. (1) In every moment the Supplier is entitled to request from the User to identify himself and to certify the veracity of every one of the circumstances and personal details announced during registration.
(2) In case due to any reason the User has forgotten and lost his name and password, the Supplier is entitled to apply the announced “Procedure for lost or forgotten names and passwords”, available on www.elekom.bg
IX. MODIFICATION AND ACCESS TO GENERAL TERMS
Art. 21. (1) These general terms may be modified by the Supplier for which the latter will appropriately notify the Users of the ONLINE STORE having registration.
(2) Supplier and User acknowledge that every addition and amendment of those general terms will be effective for the User only after his explicit notification by the Supplier and if the User does not claim within 14-day term that he rejects them.
(3) The User agrees that all statements by the Supplier in relation to the modification of those general terms will be sent to the email address stated by the User during registration. The user agrees that the emails sent under this article shall be electronically signed so as to be effective.
Art. 22. The supplier publishes those general terms at address www.elekom.bg, together with all additions and modifications thereof.
Art. 23. Those general terms and the contract between the User and the Supplier is terminated in the following cases:
upon termination and declaring winding up or declaring insolvency of one of the parties of the contract;
by mutual consent of the parties in writing;
unilaterally with a notice by each party in case of non-execution of the obligations of the other party;
in case of objective inability of any party of the contract to meet its obligations;
in case of expropriation or sealing of the equipment by state authorities;
in case of deletion of the User’s registration in the site of the ONLINE STORE. In this case the concluded but not fulfilled contracts for sale and purchase remain effective and are liable to execution;
in case of practicing the rejection right under art. 55, par. 1 of Consumer Protection Act.
XI. OTHER TERMS
Art. 24. Eventual invalidity of any of the provisions of those general terms will not lead to invalidity of the entire contract.
Art. 25. For issues unsettled in this contract related to the execution and interpretation of this contract applied are the laws of Republic of Bulgaria.
Art. 26. All disputes between the parties under this contract will be settled by the competent authority or the Consumer Protection Commission.
Art. 27. These general terms enter into force for all Users of www.elekom.bg