GENERAL TERMS AND CONDITIONS OF THE ELECTRONIC STORE
E.Next Electrical Store
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between "E.Next.Company" EOOD, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the electronic store www.shop.enext.bg, hereinafter referred to as the "ELECTRONIC STORE".
II. PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: "E.Next.Company" EOOD
2. Entry in public registers: UIC 2034323093. Correspondence address: 11 "Rodopi" Str., Varna, PO Box 9004
4. Email for correspondence: office@enext.bg
5. Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.,
tel.: (02) 940 20 46
fax: (02) 940 36 40
E-mail: kzld@government.bg, kzld@cpdp.bg
Website: https://www.cpdp.bg/
(2) Consumer Protection Commission
Address: 1000 Sofia, "Slaveykov" Square No. 4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: https://www.kzp.bg
III. CHARACTERISTICS OF AN ELECTRONIC STORE
Art. 3. The electronic store is accessible at the Internet address www.shop.enext.bg, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE, including the following:
1. To register and create a profile to browse the ELECTRONIC STORE and use the additional services for providing information;
2. To make electronic statements in connection with the conclusion or performance of contracts with the ELECTRONIC STORE, through the interface of the ELECTRONIC STORE page, accessible on the Internet;
3. To conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE;
4. To make any payments in connection with the contracts concluded with the ELECTRONIC STORE, according to the payment methods supported by the ELECTRONIC STORE;
5. To receive information about new goods offered by the ELECTRONIC STORE;
6. Review the goods, their characteristics, prices and delivery terms;
7. To be notified of the rights arising from the law, primarily through the interface of the ELECTRONIC STORE page on the Internet;
8. To exercise the right to withdraw from the contract concluded at a distance for the goods offered by the Supplier, for which the right of withdrawal from the contract is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, as provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Article 5.
(1) Users conclude a contract for the purchase and sale of goods offered by the ELECTRONIC STORE through the Provider's interface, accessible on its website or other means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.
(3) Users pay the Supplier a fee for the delivered goods in accordance with the terms and conditions set out in the ELECTRONIC SHOP and these general terms and conditions. The fee is in the amount of the price announced by the Supplier at the ELECTRONIC SHOP address on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions.
(5) The price and delivery terms are specified in the Delivery section of the ELECTRONIC STORE.
Article 6.
(1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User upon registration, if the User has entered the relevant username and password for access.
IV. USE OF AN ELECTRONIC STORE
Article 7.
(1) In order to use an ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the User must enter a name and password chosen by him for remote access, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User through electronic registration on the Provider's website.
(3) By filling in his/her data and pressing the "Yes, I accept" or "Registration" buttons, the User declares that he/she is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending an email to the email address specified by the User, to which information for activating the registration is also sent. The User confirms the registration and the conclusion of the contract by means of an electronic reference in the email notifying him of the completed registration sent by the Provider. After confirmation, an account is created for the User and contractual relations arise between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his registration in case of any change.
(6) In order to use the full functionality of the Provider's e-shop, the User undertakes to register on the e-shop website. The Provider is not liable if, due to lack of registration, the User was unable to use the full functionality of the e-shop, including with regard to exercising rights under the contract.
(7) These general terms and conditions may be accepted by the Users without registering in the ELECTRONIC STORE by an explicit declaration of will, including through the ELECTRONIC STORE website.
Article 8.
(1) The email address provided upon 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/her Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider shall send a request for confirmation of the change. The confirmation request shall be sent by the Provider to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address shall be made after confirmation by the User, expressed through a reference contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.
(4) The Provider shall inform the User of the change made by means of an e-mail sent to the Primary Contact E-mail Address specified by the User before making the change under para. 2.
(5) The Provider is not liable to the User for any 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 CONCLUSION OF A PURCHASE AND SALES AGREEMENT
Article 9.
(1) Users primarily use the interface of the Supplier's website to conclude purchase and sale contracts for the goods offered by the Supplier in the ELECTRONIC STORE.
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User constitutes these general terms and conditions, available on the ELECTRONIC STORE website.
(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. For the avoidance of doubt, these are the data with which an account was created with the Provider.
(5) The provider shall include in the interface of its website technical means for identifying and correcting errors in the entry 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 manner, including through a statement on the Provider's website. The contract for the purchase and sale of goods is considered concluded from the moment of its request by the User through the Provider's interface.
(7) The Supplier shall expressly notify the User in an appropriate manner via electronic means of the conclusion of this contract and the conclusion of the contract for the purchase and sale of goods.
(8) The statement for the conclusion of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not liable in the event that the data specified by the Users is incorrect or misleading.
Article 10.
(1) Users conclude the purchase and sale contract with the Provider according to the following procedure:
Registering in the ELECTRONIC STORE and providing the necessary data, if the User does not have a registration in the ELECTRONIC STORE yet or by requesting a product without registering;
Logging into the system for placing orders on the ELECTRONIC STORE by identifying with a name and password and another method of identification;
Selecting one or more of the goods offered on the ELECTRONIC STORE and adding them to a list of goods for purchase;
Providing data for delivery;
Choice of method and time for payment of the price;
Order confirmation;
(2) Users may conclude the purchase and sale contract with the Supplier without registering, by using the relevant functionality in the e-shop interface.
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. 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 upon registration in the ELECTRONIC STORE, 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.
Article 12.
(1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the ELECTRONIC STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ELECTRONIC STORE website.
(3) The value of postal and transport costs, not included in the price of the goods, shall be determined by the Supplier and shall be provided as information to the Users at one of the following times before concluding the contract:
- In the profile of each of the goods on the ELECTRONIC STORE Supplier's website;
- When selecting the goods for concluding the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is 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 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 Supplier must indicate the terms and conditions for delivery of individual goods on its website or generally for all in the Delivery section of the ELECTRONIC STORE.
(7) The supplier shall indicate, before concluding the contract, the total value of the order for all goods contained therein.
(8) Users agree that all information required by the Consumer Protection Act may be provided through the ELECTRONIC STORE platform interface or e-mail.
Article 13.
(1) The Consumer agrees that the Supplier has the right to accept advance payment for contracts concluded with the Consumer for the purchase and sale of goods and their delivery.
(2) The Consumer independently chooses whether to pay the Supplier the price for the delivery of the goods before their delivery or at the time of their delivery, if the payment method with cash on delivery is available and selected.
Article 14.
(1) The consumer has the right, without giving a reason, to withdraw from the concluded contract within 30 days from the date of receipt of the goods, using the unified withdrawal form available on the Supplier's website, and is obliged to send the items back to the Supplier at his own expense. Information on exercising the right of withdrawal can be requested at the email address provided on the Supplier's website. Consumers can also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under paragraph 1 shall not apply in the following cases:
1. for the delivery of goods made to order by the consumer or according to his individual requirements;
2. for the delivery of goods that were not available in stock and were ordered additionally at the request of the consumer and their delivery time takes more than 2 working days;
3. for the delivery of goods that have impaired functionality and a damaged or contaminated structure, caused by improper operation by the consumer;
4. for the delivery of goods which, due to their nature, may deteriorate in quality or have a short shelf life;
5. for the delivery of sealed goods that are unsealed after delivery and cannot be returned due to damaged integrity or contamination of the packaging and considerations related to hygiene or health protection;
6. for the delivery of goods which, after having been delivered and due to their nature, have become mixed with other goods from which they cannot be separated;
7. for the delivery of sealed sound or video recordings or sealed computer software that have been unsealed after delivery;
8. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(3) When the Supplier has not fulfilled its obligations to provide information, as set out in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within 30 days from the date of receipt of the goods. When the information is provided to the Consumer within the withdrawal period, the same begins to run from the date of its provision. The Consumer has the right to send the statement of withdrawal under this article directly to the Supplier through the unified form for withdrawal from the contract, which can be requested at the specified email on the Supplier's website.
(4) Where the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall reimburse all amounts received from the Consumer, excluding delivery costs, without undue delay and no later than 30 days from the date on which he was informed of the Consumer's decision to withdraw from the contract. The Supplier shall reimburse the amounts received, without being obliged to use the same means of payment used by the Consumer for the initial transaction.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods are at the expense of the consumer and the costs of returning the goods are deducted from the amount paid by the Consumer under the contract. The Supplier is not obliged to reimburse the additional costs of delivering the goods to the Consumer.
(6) The Consumer undertakes to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the period under paragraph 1.
(7) The User may exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider using the standard form for withdrawal from the contract, which can be requested at the specified email address on the Provider's website.
(8) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the amounts to the consumer until he has received the goods.
Article 15.
(1) The delivery period for the goods and the starting point from which it runs shall enter into force when the Supplier dispatches the goods.
(2) In case the Supplier has not set a delivery time, the delivery time of the goods is 30 working days, starting from the date following the sending of the consumer's order to the Supplier through the e-shop website.
(3) If the Supplier cannot fulfill the contract due to not having the ordered goods, he is obliged to notify the Consumer thereof and he, in turn, can decide whether to wait for the necessary delivery time or to be reimbursed the relevant amounts for the unavailable goods.
Article 16.
(1) The supplier shall transfer the goods to the consumer after verifying the fulfillment of the requirements for providing information to the consumer under the Consumer Protection Act.
(2) The Consumer and the Supplier shall certify the circumstances under paragraph 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under paragraph 1 will be met if the authentication is performed by a person who, according to the circumstances, can be concluded to be the one who will transmit the information to the User – a party to the contract.
VII. OTHER CONDITIONS
Art. 17. The Supplier delivers and hands over the goods to the User within the period specified upon conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, immediately notify the Supplier.
VIII. PROTECTION OF PERSONAL DATA
Article 19.
(1) The Provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The Provider adopts and announces on its website a Personal Data Protection Policy.
(4) Users agree that the Supplier has the right to process their personal data necessary for the fulfillment of orders in the e-shop and the performance of the contract.
Article 20.
(1) At any time, the Provider has the right to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider has the right to apply the announced Procedure for lost or forgotten usernames and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Article 21.
(1) These general terms and conditions may be amended by the Provider, of which the latter will notify all Users who have registered in an appropriate manner.
(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User after explicit notification by the Provider and if the User does not declare within the 30-day period provided to him that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 22. The Provider publishes these general terms and conditions on its website along with all additions and amendments thereto.
X. TERMINATION
Art. 23. These general terms and conditions and the User's contract with the Provider shall be terminated in the following cases:
1. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
2. by mutual consent of the parties in writing;
3. unilaterally, with prior notice from each party in the event of failure to fulfill the obligations of the other party;
4. in the event of objective impossibility of any of the parties to the contract to fulfill their obligations;
5. upon seizure or sealing of the equipment by state authorities;
6. in case of deletion of the User's registration on the ELECTRONIC STORE website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
7. in the event of exercising the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods 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 shall not result in the invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to any issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.