Art. 1. These General Conditions are intended to govern the relationship between B & S Commerce EOOD, Sofia, 90 Vladimir Vazov blvd., UIC 201659906, represented by Borislav Borisov, hereinafter referred to as PROVIDER, on the one hand, and customers on the other, hereafter referred to as USERS of the e-shop “http://crown-bns.com”, hereinafter referred to as “E-SHOP”.
II. PROVIDER’S DATA
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
– Name of Provider: B & S Commerce EOOD
– Headquarters and address of management: Sofia, 37, 90 Vladimir Vazov blvd.
– Address for pursuit of the activity: Sofia, 90 Vladimir Vazov blvd.
– Correspondence data: Sofia, Email: firstname.lastname@example.org; email@example.com, tel: +359 2 444 55 90; tel/fax: +359 2 444 55 39
– Entry in public registers: UIC 201659906,
– Certificate number for Personal Data Administrator No 323966
– Supervisory authorities: (1) Personal Data Protection Commission Address: Sofia, 15, Ivan Evstatiev Geshov Str., Tel .: (02) 940 20 46 fax: (02) 940 36 40 Email: kzld @ government.bg, firstname.lastname@example.org Website: www.cpdp.bg (2) Commission for Consumer Protection Address: 1000 Sofia, 4A Slaveikov Square, 3rd, 4th and 6th floor, tel. : 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22 Website: www.kzp.bg
III. E-SHOP CHARACTERISTICS
Art. 3. E-SHOP is electronic shop available at www.crown-bns.com through which the Users have the opportunity to sign contracts for the purchase and sale of the goods offered by E-SHOP, including the following:
1. To register and create an account for viewing the E-SHOP and using the additional information services;
2. To make electronic statements regarding the signing or execution of contracts with E-SHOP via the interface of the E-SHOP page available on the Internet;
3. To sign contracts for the purchase and sale of the goods offered by E-SHOP;
4. To make any payments in connection with the contracts signed with E-SHOP, according to the electronic payment methods supported by E-SHOP.
5. To receive information about new goods offered by E-SHOP;
6. To view the goods, their characteristics, prices and delivery terms;
7. To be notified of the rights deriving from the law mainly through the interface of the E- SHOP on the Internet;
Art. 4. The Provider shall deliver the goods and guarantee the rights of the Users provided for by law in the framework of good faith, the criteria and conditions adopted in the practice, consumer or commercial law.
Art. 5. (1) The users sign a contract for the purchase and sale of the goods offered by E-SHOP via the Provider’s interface, accessible on its Internet site at www.crown-bns.com or other means of distance communication.
(2) By virtue of the contract signed with the Users for the purchase and sale of goods, the Provider undertakes to deliver and transfer the ownership of the User to the goods, which he has determined through the interface.
(3) The Users shall pay to the Provider remuneration for the delivered goods under the conditions set forth in the E-SHOP and these General Terms and Conditions. The fee is in the amount of the price announced by the Provider on the E-SHOP address on the Internet.
(4) The Provider shall deliver the goods requested by the Users within the terms and conditions set by the Provider on the e-shop page and in accordance with these General Terms and Conditions.
(5) The price for the delivery is determined separately and depends on the volume and the price of the goods.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the signing and execution of the purchase and sale contract may be made by electronic means and by electronic statements within the meaning of the Law on Electronic Document and Electronic Signature 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 mentioned in the data provided by the User in making a registration if the User has entered the respective name and password for access.
USE OF E-SHOP
Art. 7. (1) In order to use an E-SHOP to sign contracts for the purchase and sale of goods, the User shall enter a name and password for remote access chosen by him, in cases where the e-shop requires registration.
(2) The name and password for remote access shall be determined by the User through electronic registration on the Provider’s website.
(3) By filling in the data and clicking on the “Yes, I accept” and “Register” buttons, the User declares that he/she is familiar with these terms and conditions, agrees with their content and undertakes to comply unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to an e-mail address indicated by the User, to which the registration activation information is sent. The receiver confirms the registration and the signing of the contract by means of an electronic reference in the letter informing about the registration, sent by the Provider. Upon confirmation, an account of the User is created and a contractual relationship arises between the User and the Provider.
(5) When making the registration, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his/her registration in case of change.
(6) In the case where a User Account is used in a social networking or other network profile, a party to the contract is the person who is the owner of the account used for the registration in the relevant social or other network. In this case, the Provider has the right to access the data necessary to identify the User in the relevant social or other network.
Art. 8. (1) The electronic address provided at the initial registration of the User as well as any subsequent electronic address used for the exchange of statements between the User and the Provider shall be the “Main Email Address” within the meaning of these General Terms and Conditions. The user has the right to change his / her Main Contact E-mail address.
(2) Upon receipt of a request for change of the Main Contact E-mail address, the Provide shall send a request for confirmation of the change. The Confirmation Request is sent by the Provider to the new Main Contact E-mail address specified by the User.
(3) The change of the Main Contact E-mail address is made after confirmation by the User, expressed by reference contained in the confirmation request sent by the Provider to the new Main Contact E-mail address specified by the User.
(4) The Provider shall inform the User of the change made by e-mail sent to the User’s Main Contact E-mail address, prior to making the change under para. 2.
(5) The Provider shall not be liable to the User for unauthorized modification of the Main Contact E-mail Address.
(6) The Provider may require the User to use the Main Contact E-mail address in specific cases.
TECHNICAL STEPS TO SIGN A CONTRACT FOR PURCHASE AND SALE
Art. 9. (1) Users shall mainly use the interface on the Provider’s website in order to sign contracts for the purchase and sale of the goods offered by the Provider in E-SHOP.
(2) The contract shall be signed in the Bulgarian language.
(3) The Contract between the Provider and the User constitutes the present General Terms and Conditions available at www.crown-bns.com
(4) A party to the contract with the Provider shall be the User according to the data provided at the registration and contained in the User’s personal profile. For the avoidance of doubt, this is the data used for the creation of an account with the Provider.
(5) The Provider shall include in the interface of his website, technical means of identifying and correcting errors in the input of information before the contract is made.
(6) This Contract shall be deemed to have been signed from the time the User has registered with the Provider. The contract for the purchase and sale of a good is considered to have been signed from the moment of its being declared by the User through the Interface of the Provider.
(7) For the signing of this contract and for the signing of the contract for the purchase and sale of goods, the Provider shall notify the User accordingly in an appropriate manner by electronic means.
(8) The statement of signing of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees have access to them.
(9) The Provider shall deliver the goods to the address indicated by the Users and shall not be liable in case the data indicated by the Users are false or misleading.
Art. 10. The Users sign the contract of purchase and sale with the Provider under the following procedure:
(1) Performing registration in an E-SHOP and providing the necessary data if the User has not been registered in E-SHOP to date;
(2) Entry into the order system of E-SHOP by identifying by name and password;
(3) Selection of one or more of the offered goods of the E-SHOP and their addition to the list of goods for purchase;
(4) Providing data for delivery;
(5) Choice of method and time for payment of the price.
(6) Confirmation of the order;
SPECIFIC OBLIGATIONS OF THE PROVIDER. CONSUMER PROTECTION
Art. 11. The provisions of this Section VI of these General Terms and Conditions shall apply to Users for whom, according to the data indicated for the signing of the purchase and sale contract or upon registration in the E-SHOP, it can be concluded that they are consumers within the meaning of the Consumer protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 12. (1) The basic characteristics of the goods offered by the Provider are defined in the profile of each item on the website of the E-SHOP.
(2) The price of the goods with all taxes included is determined by the Provider in the profile of each item on the website of the E-SHOP.
(3) The value of the postal and transport costs not included in the price of the goods shall be determined by the Provider and shall be provided as information to the Users at one of the following moments before the signing of the contract:
– In the profile of each of the goods on the website of the E-SHOP Provider;
– When selecting the goods for the signing of the purchase and sale contract;
(4) The manner of payment, delivery and execution of the contract shall be 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 moment of its visualization on the website of the E-SHOP Provider prior to the signing of the purchase and sale contract.
(6) The Provider shall obligatorily specify the conditions for the delivery of the individual goods on the E-SHOP site.
(7) Before the signing of the contract, the Provider shall indicate the total value of the order for all the goods contained therein.
Art. 13. (1) The User agrees that the Provider is entitled to accept an advance payment for the contracts signed with the user for the purchase and sale of goods and their delivery.
(2) The user chooses independently whether to pay the Provider the price to deliver the goods before or at the moment of delivery.
Art. 14. (1) The user shall have the right, without indemnity or forfeit and without giving any reason, to cancel the signed contract within 7 working days as of the date of receipt of the goods.
(2) The right of withdrawal under para. 1 shall not apply in the following cases:
– for the supply of goods and the provision of services the price of which depends on fluctuations in the financial markets which the Provider is unable to control;
– for the supply of goods ordered according to the requirements of the user or on his/her individual order;
– for the delivery of goods whose integrity on the packaging is impaired and can not be returned to its original form;
(3) Where the Provider has not fulfilled his obligations to provide information as defined in Art. 54 of the Consumer Protection Act, the user has the right to withdraw from the signed contract within three months from the date of receipt of the goods. Where the information referred to in this paragraph is provided to the user within the withdrawal period, it shall begin to run from the date of its submission.
(4) In case the user exercises his right of withdrawal under para. (1), the Provider shall be obliged to reimburse him in full the sums paid by the user no later than 30 calendar days from the date on which the user exercised his right of withdrawal from the contract. From the amount the user has paid for the contract, the cost of returning the goods is deducted unless the user has returned the goods at their expense and has notified the Provider thereof.
(5) The user is obliged to store the goods received by the Provider, their quality and safety during the term under para. 1.
Art. 15. (1) The delivery period of the goods and its the starting point shall be determined for each item individually upon signing of the contract with the user through the website of the E-SHOP Provider, unless the goods are ordered in one delivery.
(2) If the user and the Provider have not set a delivery time, the delivery time of the goods shall be 30 working days from the date following the sending of the order to the Provider through the website of the E-SHOP of the Provider.
(3) If the Provider can not execute the contract because he does not have the goods ordered, he shall notify the user and reimburse the sums paid by him within 30 working days from the date on which the Provider should have fulfilled its obligation under the contract.
(4) In the cases under para.3, the Provider has the right to deliver to the user goods of the same quality and price. The provider shall notify the user electronically of the change in exectution of the contract.
(5) In case of exercise of the right of withdrawal from the supply contract under para. 4, the return of the goods shall be at the expense of the Provider.
Art. 16. (1) The Provider shall deliver the goods to the user after certifying the fulfillment of the requirements and the presence of the circumstances under Art. 61 of the Consumer Protection Act.
(2) The User and the Provider shall certify the circumstances under para. 1 in writing at the time of delivery by hand signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under par.1 and Art. 61 of the Consumer Protection Act shall be observed if the certification is carried out by a person for whom, according to the circumstances, it can be concluded that will transmit the information to the user – party to the contract.
VII. OTHER TERMS
Art. 17. (1) The Provider shall deliver the goods to the User in the term specified at the signing of the contract.
(2) If the term under para.1 is not expressly agreed between the parties at the signing of the contract, the Provider shall deliver the goods within a reasonable time but not later than 2 months.
Art. 18. The User shall review the goods at the time of delivery by the Provider and, if they are not eligible he shall notify the Provider immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Provider shall take measures to protect the personal data of the User pursuant to the Personal Data Protection Act.
(2) For security reasons of the User’s personal data, the Provider shall send the data only to an e-mail address which has been designated by the Users at the moment of registration.
Art. 20. (1) At any time, the Provider shall be entitled to require the User to identify and certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) In the event that, for any reason, the User has forgotten or lost his name and password, the Provider is entitled to apply the announced “Lost or Forgotten Names and Passwords Procedure”, available at www. crown-bns.com.
AMENDMENT AND ACCESS TO GENERAL TERMS AND CONDITIONS
Art. 21. (1) These General Terms and Conditions may be changed by the Provider, for which the latter shall notify in an appropriate manner all E-SHOP Users who have registered.
(2) The Provider and the User agree that any addition and amendment of these General Terms and Conditions will have effect upon the User upon his express notification by the Provider and if the User does not declare within 14 days that he rejects them.
(3) The User agrees that all statements by the Provider regarding the amendment of these General Terms and Conditions will be sent to the e-mail address indicated by the User upon registration. The User agrees that emails sent pursuant to this Article need not be signed with an electronic signature in order to have an effect on him.
Art. 22. The Provider publishes these terms and conditions at www.crown-bns.com, together with any additions and amendments thereto.
Art. 23. These General Terms and Conditions and the User’s contract with the Provider are terminated in the following cases:
– in the event of termination and winding-up or bankruptcy of one of the parties to the contract;
– by mutual agreement of the parties in writing;
– unilaterally, with a notice from either party in case of non-execution of the other party’s obligations;
– in the event of an objective impossibility of any of the parties to the contract to execute their obligations;
– in case of seizure or sealing of equipment by state authorities;
– in case of deletion of the User’s registration on the E-SHOP site. In this case, the signed but not executed purchase and sale contracts remain in force and are subject to enforcement;
– in the case of exercising the right of withdrawal under Art. 55, para.1 of the Consumer Protection Act.
XII. OTHER TERMS
Art. 24. Any invalidity of any provision of these General Terms and Conditions will not invalidate the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to matters not governed by this Contract relating to the execution and interpretation of this Contract.
Art. 26. All disputes between the parties to this Contract will be resolved by the competent court or the Consumer Protection Commission.
Art. 27. These General Terms and Conditions shall enter into force for all Users on 01/01/2018.
I, hereby signed, Kliment Belinov Mollov, certify the accuracy of the translation made by me from Bulgarian into English of the attached document: General Terms and Conditions
Translator: Kliment Belinov Mollov