Terms & Conditions
GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE
aposoliveoil.com
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relationship between "Aposstar" LTD, Gabrovo, 7 "Radost" Street, hereinafter referred to as the PROVIDER, and the customers, hereinafter referred to as USERS, of the online store aposoliveoil.com, hereinafter referred to as the "ONLINE STORE".
II. PROVIDER DETAILS
Art. 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: "Aposstar" LTD
2. Registered office and address of management: Gabrovo, 7 "Radost" Street
3. Address of activity: Ruse, 46 "Treti Mart" Boulevard
4. Entry in public registers: UIC 202874242
5. Supervisory bodies:
(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: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, 4A "Slaveykov" Square, Floors 3, 4, and 6,
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The online store is accessible at the address aposoliveoil.com, through which Users have the opportunity to enter into purchase and sale contracts and delivery of the goods offered by the ONLINE STORE aposoliveoil.com, including the following: aposoliveoil.com стоки, включително следното:
1. To register and create a profile for browsing the ONLINE STORE aposoliveoil.com and using the additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the ONLINE STORE aposoliveoil.com through the interface of the ONLINE STORE aposoliveoil.com, accessible on the Internet;
3. To enter into purchase and sale contracts and delivery of the goods offered by the ONLINE STORE aposoliveoil.com;
4. To make any payments in connection with the concluded contracts with the ONLINE STORE aposoliveoil.com, in accordance with aposoliveoil.com payment methods.
5. To receive information about new goods offered by the ONLINE STORE aposoliveoil.com;
6. To review the goods, their characteristics, prices, and delivery terms;
7. To be notified of their rights, deriving from the law primarily through the interface of the ONLINE STORE aposoliveoil.com page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Provider, for which the right of withdrawal from the contract is applicable;
Art. 4. The Provider delivers the goods and ensures the rights of the Users provided by law, within the framework of good faith, adopted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users enter into a contract for the purchase and sale of the goods offered by the ONLINE STORE aposoliveoil.com through the Provider's interface, accessible on its Internet page or other means of communication at a distance.
(2) By virtue of the concluded contract with the Users for the purchase and sale of goods, the Provider undertakes to deliver and transfer ownership to the User of the specified goods through the interface.
(3) Users pay the Provider remuneration for the delivered goods according to the conditions determined on the ONLINE STORE aposoliveoil.com and these general terms and conditions. The remuneration is in the amount of the price announced by the Provider on the address of the ONLINE STORE aposoliveoil.com on the Internet.
(4) The Provider delivers the goods ordered by the Users within the deadlines and under the conditions set by the Provider on the page of the online store 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 Provider agree that all statements between them regarding the conclusion and execution of the purchase and sale contract can 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 on the site are made by the persons specified in the data provided by the User at the time of registration, if the User has entered the respective name and password for access.
IV. USE OF THE ONLINE STORE
Art. 7. (1) To use the ONLINE STORE aposoliveoil.com for entering into purchase and sale contracts of goods, the User must enter a chosen name and password for remote access, in cases where the online store requires registration.
(2) The name and password for remote access are determined by the User through registration electronically on the Provider's website.
(3) By filling in the data and pressing the buttons "Yes, I accept" or "Registration", the User declares that he is familiar with these general terms and 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 email address specified by the User, to which information for activating the registration is sent. The User confirms the registration and the conclusion of the contract through an electronic link in the letter, which he is notified of the registration made, sent by the Provider. After confirmation, an account of the User is created, and contractual relations arise between him and the Provider.
(5) When making the 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) To use the full functionality of the online store of the Provider, the User undertakes to register on the website of the online store. The Provider is not responsible if due to lack of registration, the User has not been able to use the full functionality of the online store, including regarding the exercise of rights under the contract, the possibility of claiming a lower price, and other similar functions.
(7) These general terms and conditions can be accepted by the Users and without registration in the ONLINE STORE aposoliveoil.com through an explicit statement, including through the site of the ONLINE STORE aposoliveoil.com.
Art. 8. (1) The email address provided during the initial registration of the User, as well as any subsequent email address used for the exchange of statements between the User and the Provider, is the "Primary email address" within the meaning of these general terms and conditions. The User has the right to change his Primary contact email address.
(2) Upon receipt of a request for a change of the Primary contact email address, the Provider sends a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User.
(3) The change of the Primary contact email address is made after confirmation by the User, expressed through a link contained in the confirmation request, sent by the Provider to the new Primary contact email address specified by the User.
(4) The Provider informs the User of the performed change by sending an electronic letter to the Primary contact email address specified by the User before its change under para. 2.
(5) The Provider is not responsible to the User for unlawful change of the Primary contact email address.
(6) The Provider may require the User to use the Primary contact email address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AND SALE CONTRACT
Art. 9. (1) Users use primarily the Provider's interface page to enter into purchase and sale contracts for the goods offered by the Provider in the ONLINE STORE aposoliveoil.com.
(2) The contract is concluded in Bulgarian.
(3) The contract between the Provider and the User represents these general terms and conditions, accessible on the website of the ONLINE STORE aposoliveoil.com.
(4) The party to the contract with the Provider is the User according to the data provided during registration and contained in the User's personal profile. To avoid any doubt, these are the data with which the account was created with the Provider.
(5) The Provider includes in the interface of its Internet page technical means for establishing and correcting errors in the input of information before the statement for the conclusion of the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Provider or acceptance of the general terms and conditions in another explicit way, including through a statement on the Provider's website. The purchase and sale contract of goods is considered concluded from the moment of its request by the User through the Provider's interface.
(7) For the conclusion of this contract and for the conclusion of the purchase and sale contract of goods, the Provider expressly notifies the User in an appropriate manner through electronic means.
(8) The statement for concluding the contract and the confirmation of its receipt are considered received when their addressees have the opportunity for access to them.
(9) The Provider delivers the goods to the address specified by the Users and is not responsible if the data specified by the Users are incorrect or misleading.
Art. 10. (1) Users enter into the purchase and sale contract with the Provider by the following procedure:
Performing registration in the ONLINE STORE aposoliveoil.com and providing the necessary data if the User does not have registration in the ONLINE STORE aposoliveoil.com to this moment or through ordering goods without registration;
Entering the system for ordering goods from the ONLINE STORE aposoliveoil.com through identification with a name and password or other means of identification;
Selecting one or more of the goods offered on the ONLINE STORE aposoliveoil.com and adding them to the list of goods for purchase;
Providing data for performing the delivery;
Selecting the method and time for payment of the price;
Confirming the order;
(2) Users can enter into the purchase and sale contract with the Provider without registration, using the respective functionality in the interface of the online store.
VI. SPECIAL OBLIGATIONS OF THE PROVIDER. CONSUMER PROTECTION
Art. 11. The rules of this section VI of these general terms and conditions apply to Users, for whom, according to the data provided for the conclusion of the purchase and sale contract or during registration in the ONLINE STORE aposoliveoil.com, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.
Art. 12. (1) The main characteristics of the goods offered by the Provider are defined in the profile of each good on the website of the ONLINE STORE aposoliveoil.com.
(2) The price of the goods, including all taxes, is determined by the Provider in the profile of each good on the website of the ONLINE STORE aposoliveoil.com.
(3) The value of postal and transport costs not included in the price of the goods is determined by the Provider and provided as information to the Users at one of the following times before the conclusion of the contract:
- In the profile of each of the goods on the Provider's website of the ONLINE STORE aposoliveoil.com;
- Upon selecting the goods for entering into the purchase and sale contract;
(4) The method of payment, delivery, and execution of the contract are determined in these general terms and conditions, as well as the information provided to the User on the Provider's website.
(5) The information provided to the Users under this article is current at the time of its visualization on the Provider's website before the conclusion of the purchase and sale contract.
(6) The Provider must specify the conditions for the delivery of the individual goods on its website.
(7) The Provider specifies before the conclusion of the contract the total value of the order for all the goods contained in it.
(8) Users agree that all information required by the Consumer Protection Act can be provided through the interface of the platform of the ONLINE STORE aposoliveoil.com or by email.
Art. 13. (1) The consumer agrees that the Provider has the right to accept advance payment for the concluded contracts for the purchase and sale of goods and their delivery.
(2) The consumer independently chooses whether to pay the Provider the price for the delivery of the goods before or at the time of their delivery.
Art. 14. (1) The consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods through the unified form for withdrawal from the contract, available on the Provider's website. Information on exercising the right of withdrawal is available on the Provider's website. Consumers can also use another unequivocal 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 delivery of goods made to the consumer's order or according to his individual requirements;
2. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after delivery and cannot be returned due to reasons related to hygiene or health protection;
4. for the delivery of goods which, after being delivered and by their nature, have been mixed with other goods from which they cannot be separated;
5. for the delivery of sealed sound recordings or video recordings or sealed computer software that has been unsealed after delivery;
6. for the delivery of newspapers, periodicals, or magazines, except for subscription contracts for the delivery of such publications;
(3) When the Provider has not fulfilled its obligations to provide information, as determined by the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within one year and 14 days from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, it begins to run from the date of its provision. The consumer has the right to submit the statement of withdrawal under this article directly to the Provider through the unified form for withdrawal from the contract, available on the Provider's website.
(4) When the consumer has exercised the right to withdraw from the contract at a distance or from the contract outside the commercial establishment, the Provider refunds all amounts received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which he was informed of the consumer's decision to withdraw from the contract. The Provider refunds the received amounts using the same payment means used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another payment means and provided that this is not associated with costs for the consumer.
(5) When exercising the right of withdrawal, the costs for returning the delivered goods are at the expense of the consumer, and the amount paid by the consumer under the contract is reduced by the return costs. The Provider has no obligation to refund the additional delivery costs of the goods when the consumer has explicitly chosen a delivery method different from the cheapest standard delivery method offered by the Provider.
(6) The consumer undertakes to store the goods received from the Provider and ensure the preservation of their quality and safety during the period under para. 1.
(7) The consumer can exercise the right of withdrawal from the contract with the Provider by sending a written statement to the Provider through the standard form for withdrawal from the contract, available on the website of the ONLINE STORE aposoliveoil.com.
(8) When the Provider has not offered to collect the goods himself, he may withhold the payment of the amounts to the consumer until he receives the goods or until the consumer provides evidence that he has sent the goods back, depending on which of the two has occurred earlier.
Art. 15. (1) The delivery period of the goods and the initial moment from which it begins is determined for each good separately upon concluding the contract with the consumer through the Provider's website unless the goods are ordered in one delivery.
(2) In case the consumer and the Provider have not determined a delivery period, the delivery period of the goods is 30 working days, starting from the day following the sending of the consumer's order to the Provider through the online store's website.
(3) If the Provider cannot fulfill the contract because he does not have the ordered goods, he must notify the consumer and refund the amounts paid by him.
Art. 16. (1) The Provider delivers the goods to the consumer after verifying compliance with the information provision requirements to the consumer according to the Consumer Protection Act.
(2) The consumer and the Provider certify the circumstances under para. 1 in writing at the time of delivery through a handwritten signature unless otherwise agreed.
(3) The consumer and the Provider agree that the requirements under para. 1 will be met if the certification is done by a person who, according to the circumstances, can be assumed to pass the information to the consumer - the party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Provider delivers and transfers the goods to the User within the specified period upon the conclusion of the contract.
Art. 18. The User must review the goods at the time of delivery and transfer from the Provider and if they do not meet the requirements, notify the Provider immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider takes measures to protect the personal data of the User according to the Personal Data Protection Act.
(2) For security reasons of the personal data of the Users, the Provider will send the data only to the email address specified by the Users at the time of registration.
(3) The Provider adopts and publishes on its website a Privacy Policy.
(4) The Users agree that the Provider has the right to process their personal data necessary for the execution of orders in the online store and the execution of the contract.
Art. 20. (1) At any moment, the Provider has the right to require the User to identify and verify the authenticity of any of the circumstances announced during registration and personal data.
(2) In case the User has forgotten or lost his name and password for any reason, the Provider has the right to apply the announced Procedure for lost or forgotten names and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions can be amended by the Provider, which will notify all Users who have registration in an appropriate manner.
(2) The Provider and the User agree that any supplement and amendment to these general terms and conditions will have effect upon the User after his explicit notification by the Provider and if the User does not declare within the provided 30-day period that he rejects them.
(3) The User agrees that all statements of the Provider regarding the amendment of these general terms and conditions will be sent to the email address provided by the User during registration. The User agrees that electronic letters sent according to this article do not need to be signed with an electronic signature to have effect on him.
Art. 22. The Provider publishes these general terms and conditions on the address aposoliveoil.com along with all supplements and amendments to them.
X. TERMINATION
Art. 23. These general terms and conditions and the User's contract 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;
by mutual consent of the parties in writing;
unilaterally, with notice from either party in case of non-fulfillment of the obligations of the other party;
in case of objective impossibility of either party to fulfill its obligations;
upon seizure or sealing of equipment by state authorities;
in case of deletion of the User's registration on the ONLINE STORE aposoliveoil.comIn this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
in case of exercising the right of withdrawal according to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered good is terminated if the right of withdrawal from the contract is applicable to the respective category of goods.
XI. OTHER CONDITIONS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions does not lead to the invalidity of the entire contract.
Art. 25. For unresolved issues in this contract related to its execution and interpretation, the laws of the Republic of Bulgaria apply.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Commission for Consumer Protection.