Terms & Conditions
I. GENERAL
1. This document contains the terms and conditions under which the trader provides services to consumers / customers via the online shop www.kanelkata.com . By using this website, the terms and conditions are applicable and govern the commercial relationship between the site owner “Sinaya 90” EOOD/Ltd. with headquarters and management address: Sofia 1309, "Dimitar Petkov" Str., bl. 72, UIC: 201357427, tel. 02/828 08 64, e-mail: [email protected], the seller of the goods, on the one hand, and the users using the site, on the other hand, as counterparties and buyers of the goods offered.
2. The terms and conditions are binding on both parties in the legal relationship, from the moment of the start of the use of the website as of the opening of the electronic portal www.kanelkata.com. The virtual store www.kanelkata.com is a website that provides information on the sale of the industrial goods by Sinaya 90 EOOD/Ltd. and facilitates the contact between the parties in order to negotiate the sale and delivery of the industrial goods offered there. In carrying out its business, Sinaya 90 EOOD/Ltd. strictly observes the provisions of the current legislation in the Republic of Bulgaria.
3. Sinaya 90 EOOD/Ltd is registered with the Commission for Personal Data Protection as a personal data controller and observes the provisions of the Personal Data Protection Act. The concluded contract between the trader and the consumers, in accordance with the present General Terms and Conditions, shall be a contract for distance selling, within the meaning of Art. 48, para.1 of the Consumer Protection Act, as it was concluded on the basis of a proposal by the supplier to the consumer as part of a system for the sale of goods, from which the offer was made until the conclusion of the contract. At the time of conclusion of the contract, the parties are not in physical contact with each other.
4. Sinaya 90 EOOD/Ltd complies with the provisions of the Consumer Protection Act, incl. and in respect of distance contracts. When negotiating the sale of the goods on the website www.kanelkata.com, Sinaya 90 EOOD/Ltd does not use and will not use the following technical means:
· an automated ring system without human intervention;
· fax.
Remote communication means other than the ones described above, which enable individual communication, shall be used by the trader unless the consumer expressly declares his disagreement about their use.
Sinaya 90 EOOD/Ltd does not offer or sell medicinal products.
5. provides the following information to the consumer:
Sinaya 90 Ltd is a supplier, within the meaning of Art. 52, para. 1 of the CPA, and hence:
- regarding the name and address of the supplier - "Sinaya 90" EOOD, with headquarters and address: Sofia 1309, "Dimitar Petkov", bl. 72, UIC: 201357427, tel. 02/828 08 64, e-mail: www.kanelkata.com;
- on basic characteristics of goods - industrial goods;
- the price of the goods, including all taxes and charges - these are indicated in the information section of the page for each of the offered goods;
- on the value of the postal or transport costs not included in the price of the goods or services related to their delivery - they will be indicated by an employee of Sinaya 90 EOOD upon conclusion of a contract for sale of specific goods, after being specified by the consumer of the specific good which is the subject of the contract and the place of delivery;
- on the value of using the means of
distance communication, when it is calculated in a different way from the
one indicated in the basic tariff - all the telephone lines for contact
with Sinaya 90 EOOD are paid according to the basic tariff of the
respective operator of the telecommunication service;
6. on the method of payment, delivery and performance of the contract - indicated in the sections below; - on the consumer's right to withdraw from the contract and the conditions under which the goods may be returned or the service to be refused, except in the cases under Art. 55, para.2 of the CPA. - The consumer is entitled without due compensation or penalty and without giving any reason, except for the cases under Art. 55, para.2 of the CPA, to cancel the concluded distance contract within 14 working days as of the date of receipt of the goods; In that case, the supplier shall refund to the consumer in full the sums paid by him not later than thirty days from the date on which the consumer exercised his right of withdrawal from the contract. The user is obliged to store the goods received by the supplier, their quality and safety during this 30-day period. The consumer is obliged to return the goods in respect of which he has exercised his right to withdraw from the contract and to assist the supplier to obtain it back.
- for the period for which the offer or price is in effect - the offer and price made remain valid until the end of the telephone conversation with the employee of the supplier, who negotiates the specific delivery;
- regarding the minimum duration of the contract - for contracts for the permanent or periodical delivery of goods - the goods offered by the supplier are not offered for permanent or periodical delivery.
The conclusion of the contracts, subject to these General Terms and Conditions, is done through a telephone conversation / telephone messages / e-mail. The same may be initiated by both parties to the contract. In the event that the user has declared interest in a particular good from the advertised on the site and has left a contact telephone via a corresponding e-mail addressed to the supplier, the provider contacts the user by telephone, making a specific offer to the consumer, for which interest is shown and under the conditions announced on the site. The provider informs the user at the beginning of the conversation about their identity and the commercial purpose of the call.
6. Supplier does not accept an advance payment unless explicitly agreed to by the user.
When delivering the goods, the supplier confirms in writing the information under Art. 52, para.1 of the CPA, giving to the consumer the relevant invoice and accompanying document, which contains: 1. the name of the supplier and the official address where the consumer can send complaints; 2. the right of the consumer to withdraw from the contract, the conditions and way of exercising this right; 3. data on post-sale services and guarantees provided.
7. The consumer is entitled, without due compensation or penalty and without giving any reason, to withdraw from the distance contract within 14 working days as of the date of receipt of the goods by the consumer;
The Supplier shall reimburse to the consumer in full the amounts paid by him not later than thirty days from the date on which the consumer exercised his right of withdrawal from the contract.
Amounts are refunded only by bank transfer to a bank account specified by the Customer.
8. All delivery charges for the return of the advertised goods are for the Client's account.
Sinaya 90 EOOD/Ltd will not accept parcels with a claim for payment.
The Contractor shall be obliged to execute the distance contract not later than 30 days from the date following the dispatch of the order to the supplier by means of distance communication unless the parties have agreed a different delivery period.
9. Where a supplier can not fulfill his obligations under the contract because he does not have the goods and services ordered, he is obliged to notify the consumer and recover the sums he has paid within 30 days of the date on which the supplier should have fulfilled his obligation under the contract.
The supplier may provide the consumer with goods or services of the same quality and price when that possibility was expressly provided for prior to the conclusion of the contract or in the contract itself. In this case, he shall inform the consumer in a clear and comprehensible manner about the change in performance of the contract.
Where, under such conditions, the supplier performs otherwise instead of the obligation and the consumer exercises his right of withdrawal from the contract, the cost of returning the goods shall be borne by the supplier for whom the consumer must be informed.
10. The user / customer identification to determine the subject from which the statement originates, both for acceptance of the Terms and Conditions and for the order made, is made by the data stored on the server log of www.kanelkata.com provided by the user, incl. stored user / client IP address, and any other information.
11. The data on the goods on the website www.kanelkata.com are a demonstration online catalog describing the merchant's product line.
Thus, the data provided does not constitute a legally binding bid, but is purely informative.
After clicking the corresponding button, the user declares his interest in purchasing the item that is in the cart image. Once the user has received a confirmation of the availability of the goods by an operator who is a real physical person, a seller's agent, and after the latter has made an offer for the sale of the good, the user may, in the price and conditions announced in the site, where the contract of sale is concluded.
- In the absence of stock availability of the ordered goods within the working week, the MERCHANT shall notify the user of the exhaustion thereof by sending a message to the e-mail address specified by the Customer.
6. The Bulgarian language is the language of correspondence between the parties.
II DELIVERY
1. In cases where a specific date and time of delivery are specified by the Merchant, the statement has a binding customer force. In the case of a false or wrong address, a contact person and / or a telephone made at the filing of the application, the MERCHANT is not bound by any obligation to perform the order.
2. When the goods are handed over, the customer or a third party for whom the circumstances can be assumed to act on behalf of the customer shall sign the accompanying documents. A third person is considered to be any person who, while not having ordered the goods, is located at the address indicated by the customer and accepts the goods delivered.
3. In the event that the Customer is not found within the delivery period at the specified address or if there is no access and conditions for the delivery of the goods within this period, the MERCHANT is relieved of his obligation to deliver the goods ordered for purchase.
III. WARRANTY TERMS
1. The merchant offers a guarantee document to his clients for a purchased item if such a document is provided by the manufacturer of the goods. The document describes: address and telephone of the authorized repairers of the purchased goods, the warranty conditions of the respective service centers or manufacturers, warranty period of the goods purchased by the customer.
IV. PRICE AND PAYMENT.
2. The prices listed on the site DO NOT include the cost of transporting the goods to the address specified by the customer. Transport costs are additionally charged after the customer has specified the delivery address. In case the goods are dispatched outside the territory of the Republic of Bulgaria, the user / customer is obliged to pay all costs, incl. customs duties, charges resulting from removal of the goods out of the country.
3. The price is in Bulgarian levs and includes Value Added Tax (VAT). Payment will be made in Bulgarian Leva. The payment is made in cash upon receipt of the goods and the accompanying documents from the courier, the due price being transferred to the courier / Cash on Delivery /.
V. OTHER RIGHTS AND OBLIGATIONS OF THE CONSUMER
1. The user has the opportunity to view and order the advertised goods at the internet store www.kanelkata.com, and register as a customer.
2. The consumer has the right to be informed about the status of his order.
3. The User bears full responsibility for the protection of his / her username and password and is responsible for all actions performed by him / her or by a third party using his / her username and password. The user is required to notify the MERCHANT immediately of any case of unauthorized access by using his username and password and whenever there is a risk of such use.
4. The consumer is obliged to pay the price of the goods he has ordered. The payment is made according to the announced on-site payment method – cash on delivery.
5. Every user, whether a customer of a MERCHANT, undertakes, when using the services:
· • not to undermine the fundamental rights and freedoms of citizens and human rights guaranteed by the Constitution and the laws of the Republic of Bulgaria;
· • not to violate any foreign property or immaterial, absolute or relative rights and interests, such as property rights, intellectual property rights, etc .;
· • services comply with Bulgarian law, applicable foreign laws, moral rules and good morals, and Internet ethics when using the services provided by www.kanelkata.com;
· • not load, transmit, distribute or use in any way, and disclose to third parties software, computer programs, files, applications, or other material containing computer viruses, unauthorized remote control (" Trojan horses "), computer codes, or materials intended to interrupt, hinder, disturb or restrict the normal functioning of computer hardware or software or telecommunication facilities or target unauthorized intrusion or access in foreign resources or software;
- • to notify MERCHANT immediately on any case of committed or open violation in using the provided
· • not to commit any illegal acts or actions that violate public morality and good morality;
· • to compensate the MERCHANT and any third party for damages and lost profits caused by the actions of the consumer, including any costs, paid lawyers' fees incurred as a result of reasonable claims and / or paid indemnities to third parties in connection with websites, hyperlinks, materials or information that the User has used, placed on the server, posted, distributed, disclosed to third parties or made available via site name in violation of the law, these Terms and Conditions, Good Morals or Internet Ethics;
- The customer is obliged to indicate a correct and valid telephone, delivery address and e-mail address, to pay the price of the goods, to pay for the delivery costs when the delivery is not free of charge and to provide access and the opportunity to receive the goods. The delivery of the goods is paid and is at the expense of the customer. Delivery is free only in cases expressly specified by the trader.
VI. RIGHTS AND OBLIGATIONS OF A TRADER
1. The merchant has no obligation and the objective ability to control the way consumers use the services provided.
2. The MERCHANT has the right, but not the obligation, to keep materials and information located on the server of www.kanelkata.com.
3. The MERCHANT is entitled at any time without notifying the User when the latter uses the services in breach of these terms and at the discretion of the MERCHANT, to terminate, suspend or change the services provided in connection with the use of the site. The MERCHANT is not liable to consumers and third parties for damages and lost profits resulting from the termination, suspension, alteration or limitation of services, deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transferred, used , recorded or made available through www.kanelkata.com.
4. The MERCHANT is obliged to check for each item before it is sent (if this is possible without breaking the package).
5. The MERCHANT is not liable for damages caused to the software, hardware or telecommunication equipment or for the loss of data resulting from materials or resources searched, loaded or used in any way through the services provided. The advice or assistance provided by MERCHANTS' specialists and employees regarding the use of the services by users does not give rise to any liability or liability for the MERCHANT. The Company is not responsible for the product information specified by the manufacturer.
6. The MERCHANT has the right to collect and use information relating to its Users / Customers, whether registered.
7. The information under the previous article may be used by a merchant. MERCHANT collects and uses information to improve the services offered. All the purposes the MERCHANT will use the information will be in conformity with the Bulgarian legislation, applicable international acts and good manners.
- The MERCHANT shall not be liable for any failure to perform its obligations under this Agreement in circumstances that the MERCHANT was not obliged to foresee - including accidental events, force majeure, problems in the global Internet network, and the provision of services beyond control of the TRADER.
- The MERCHANT has the right to install cookies on the computers of the users. Cookies are text files that are stored on the user's hard disk and allow users to recover information identifying and allowing tracking of their actions, the websites they visit, the hyperlinks they use, any information they uses and recort, etc.
VII. PERSONAL DATA
1. The MERCHANT ensures to its Users / clients the confidentiality of the provided information and personal data. The latter will not be used, disclosed or brought to the attention of third parties except in the circumstances and under the conditions set forth in these General Terms and Conditions. The MERCHANT protects the user / client's personal information that has become known to him / her when filling in the electronic form for making a purchase request and this obligation is dropped in case the Customer has provided false data. Subject to applicable laws and clauses of these Terms and Conditions, MERCHANT may use the Customer's personal data solely for the purposes of the Agreement. Any other purposes for which the data will be used will be in line with Bulgarian legislation, applicable international instruments, Internet ethics, moral rules and good morals.
2. The MERCHANT undertakes not to disclose any personal data about the Client to third parties - state bodies, commercial companies, individuals and others, unless he has received the explicit written consent of the Customer or the information has been requested by the respective state authority on a legal basis.
3. The terms and conditions may be changed at any time by the TRADER who is also entitled to change the characteristics of the goods and services provided.
4. Any disputes between the parties regarding their contractual relations shall be resolved in a spirit of understanding and goodwill. In the event that consent is not reached, any unresolved disputes, including disputes arising out of or relating to interpretation, validity, performance or termination, as well as disputes concerning the filling of gaps in the contract or its adaptation to newly emerging circumstances, shall be resolved by the competent State Court in the city of Sofia, the Republic of Bulgaria, where is the seat of the MERCHANT. Applicable in the relations between the parties is legislation in the Republic of Bulgaria.
With a wish for success,
Veselin Stoychev,
Manager of Sinaya 90 EOOD.