Terms and Conditions
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- SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between , UIC , with registered office and management address: Sofia 1000 , hereinafter referred to as the PROVIDER, and the clients, hereinafter referred to as USERS, of the FlexiBag e-commerce platform.
II. PROVIDER DETAILS
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
- Name of the Provider: ""
- Registered office and management address: Sofia 1000
- Address for exercising the activity and address for sending consumer complaints: Sofia 1000
- Registration in public registers: UIC
- Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia, "Prof. Tsvetan Lazarov" Str. No. 2,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, "Slaveykov" Square No. 4A, fl. 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
III. PLATFORM CHARACTERISTICS
Art. 3. FlexiBag is an e-commerce platform, accessible at the Internet address FlexiBag.bg, through which Users can conclude contracts for the sale and delivery of goods offered by the Provider on the platform, including the following:
- To register and create a profile to view the Provider's online store and use additional information services;
- To view goods, their characteristics, prices and delivery conditions;
- To conclude contracts with the Provider for the sale and delivery of goods offered on the FlexiBag.bg platform;
- To make all payments related to the concluded contracts through the FlexiBag.bg platform with electronic payment methods.
- To receive information about new goods offered by the Provider on the FlexiBag.bg platform;
- To make electronic statements regarding the conclusion or execution of contracts with the Provider on the FlexiBag.bg platform through the interface of the FlexiBag.bg page, accessible on the Internet;
- To be informed of their rights arising from the law, primarily through the interface of the FlexiBag.bg platform on the Internet;
- To exercise their right of withdrawal, where applicable, under the Consumer Protection Act.
Art. 4. The Provider on the FlexiBag.bg platform organizes the delivery of goods and guarantees the rights of the Users provided by law, within the framework of good faith, criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users conclude a contract for the sale of goods with the Provider on the FlexiBag.bg platform, at the address FlexiBag.bg. The contract is concluded in Bulgarian and is stored in the Provider's database on the platform.
(2) Under the contract for the sale of goods concluded with the Users, the Provider on the FlexiBag.bg platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the platform's interface. Users have the right to correct errors in entering information no later than sending the statement for concluding the contract to the Provider on the FlexiBag.bg platform.
(3) Users pay the Provider of the FlexiBag.bg platform remuneration for the delivered goods in accordance with the conditions specified on the FlexiBag.bg platform and these general terms and conditions. The remuneration is equal to the price announced on the FlexiBag.bg platform.
Art. 6. (1) The User and the Provider on the FlexiBag.bg platform agree that all statements between them regarding the conclusion and execution of the 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 indicated in the data provided by the User during registration, if the User has entered the corresponding username and password for access.
- REGISTRATION FOR USING FlexiBag.bg
Art. 7. (1) To use FlexiBag.bg for concluding contracts for the sale of goods, the User must enter a chosen username and password for remote access or log in through their Facebook or Google profile, thereby being deemed to have accepted these general terms and conditions.
(2) The username and password for remote access are determined by the User by performing online registration on the Provider's website on the FlexiBag.bg platform, according to the procedure specified therein. Users can place orders for goods delivery and create a profile from Facebook and Google social networks.
(3) By filling in their data in the shopping cart and clicking the "Order" button, the User declares that they are familiar with these general terms and conditions, agree with their content, and undertake to unconditionally comply with them.
(4) The Provider confirms the order placed by the User via email. A User account is created, and a contractual relationship arises between the User and the Provider.
(5) When performing registration or placing an order, the User undertakes to provide true and up-to-date data. The User undertakes to promptly update the data specified in their registration or order in case of change.
- TECHNICAL STEPS FOR CONCLUDING A SALE CONTRACT
Art. 8. (1) Users primarily use the interface of the Provider's page on the FlexiBag.bg platform to conclude contracts for the sale of goods offered by the providers on the FlexiBag.bg platform.
(2) In cases of ordering goods without registration by the User, the latter accepts these general terms and conditions at the time of delivery. It is considered that the User has accepted these general terms and conditions by accepting the delivery of the goods.
Art. 9. Users conclude the contract for the sale of goods on the FlexiBag.bg platform according to the following procedure:
(1) Logging into the ordering system on the FlexiBag.bg platform.
(2) Selecting one or more of the goods offered by the Provider on the FlexiBag.bg platform and adding them to a list of goods for purchase.
(3) Providing the necessary data for the identification of the User as a party to the contract.
(4) Providing delivery data;
(5) Choosing the method and moment of payment of the price.
(6) Order confirmation;
- CONTRACT CONTENT
Art. 10. (1) The Provider and the Users conclude separate contracts for the sale of goods requested by the Users, regardless of whether they are selected with a single electronic statement and from a single list of goods for purchase.
(2) The Provider can organize the delivery of goods ordered under separate sales contracts together and simultaneously.
(3) The rights of Users regarding delivered goods are exercised separately for each sales contract. The exercise of rights related to a delivered good does not affect and has no effect on the sales contracts for other goods. If the User is a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the sales contract for a specific good does not affect the sales contracts for other goods delivered to the consumer.
Art. 11. When exercising the rights under the sales contract, the User is obliged to precisely and unambiguously indicate the contract and the goods to which the rights are exercised.
Art. 12. The User can pay the price for the individual sales contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO ARE CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules of this Section VII of these General Terms and Conditions apply only to Users for whom, according to the data provided for concluding the sales contract or during registration on FlexiBag.bg, 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/EU of the European Parliament and of the Council of 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Provider on the FlexiBag.bg platform are specified in the profile of each product on the FlexiBag.bg platform.
(2) The price of the goods, including all taxes and fees, is determined by the Provider on the FlexiBag.bg platform in the profile of each product on the FlexiBag.bg platform.
(3) The value of postal or transport costs, not included in the price of the goods, is determined by the Provider on the FlexiBag.bg platform and is provided as information to the Users when selecting the goods for concluding the sales contract;
(4) Payment, delivery and contract execution methods are determined in these general terms and conditions and the information provided to the User through the mechanisms on the FlexiBag.bg platform.
(5) The information provided to Users under this article is current at the time of its visualization on the FlexiBag.bg platform before the conclusion of the sales contract.
(6) Users agree that all information required by the Consumer Protection Act can be provided through the interface of the FlexiBag.bg platform or via email.
Art. 15. (1) The Consumer agrees that the providers on the FlexiBag.bg platform have the right to accept advance payment for the contracts concluded with the Consumer for the sale of goods and their delivery.
(2) The Consumer independently chooses whether to pay the Provider on the FlexiBag.bg platform the price for the delivery of the goods before or at the time of their delivery.
(3) In the event that the value of the Consumer's order is equivalent to or exceeds BGN 15,000, payment shall be made only by transfer or deposit into the Provider's payment account.
Art. 16. (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, counting from the date of acceptance of the goods by the Provider through the unified withdrawal form available on the Provider's website on the FlexiBag.bg platform at Exercise your rights! and in Appendix No. 1 to these general terms and conditions. Information on exercising the right of withdrawal is available at Exercise your rights! and in Appendix No. 2 to these general terms and conditions.
(2) The right of withdrawal under par. 1 does not apply in the following cases:
- for the delivery of goods made to the consumer's order or according to his individual requirements;
- for the delivery of goods which, by their nature, may deteriorate or have a short shelf life;
- for the delivery of sealed goods which have been unsealed after their delivery and cannot be returned for reasons related to hygiene or health protection;
- for the delivery of goods which, after having been delivered and due to their nature, have been mixed with other goods from which they cannot be separated;
- for the delivery of sealed audio or video recordings or sealed computer software which have been unsealed after delivery, including activation codes for software licenses, software features or virtual payment instruments.
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications;
(3) When the provider on the FlexiBag.bg platform has not fulfilled its obligations to provide information, as defined in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within one year and 14 days, counting from the date of receipt of the goods. When the information is provided to the consumer within the withdrawal period, the period begins to run from the date of its provision. The Consumer has the right to submit the withdrawal statement under this article directly to the Provider using the unified withdrawal form available on the Provider's website on the FlexiBag.bg platform at Appendix No. 1 to these general terms and conditions.
(4) When the Consumer has exercised their right of withdrawal from a distance contract or off-premises contract, the Provider shall reimburse all sums received from the consumer, including delivery costs, without undue delay and no later than 14 days from the date on which the Provider was informed of the consumer's decision to withdraw from the contract. The Provider shall reimburse the received sums using the same payment method used by the consumer in the initial transaction, unless the consumer has expressly agreed to use another payment method and provided that this does not incur costs for the consumer.
(5) When exercising the right of withdrawal, the costs for returning the delivered goods are deducted from the amounts to be reimbursed under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Provider is not obliged to reimburse the additional costs for the delivery of the goods when the consumer has explicitly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Provider.
(6) The Consumer undertakes to store the goods received from the Provider on the platform and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The Consumer may exercise their right of withdrawal from the contract with the Provider by submitting a written statement to the Provider using the standard withdrawal form, available at GENERAL TERMS AND CONDITIONS on the FlexiBag.bg platform and in Appendix No. 1 to these general terms and conditions.
Art. 23. (1) The collection, storage, and processing of personal data are carried out in accordance with the Privacy Policy, which you can access here: Privacy Policy.
- upon termination and declaration of liquidation or insolvency of one of the parties to the contract;
- by mutual written agreement of the parties;
- in case of objective inability of any of the parties to the contract to fulfill their obligations;
- in case of seizure or sealing of equipment by state authorities;
- in case of deletion of the User's registration on the FlexiBag.bg platform. In this case, concluded but unfulfilled sales contracts remain valid and enforceable;
Art. 31. (1) The Supplier is not liable for damages caused by the User to third parties.
Art. 37. These general terms and conditions enter into force for all Users of FlexiBag.bg.
Appendix № 1 - Standard form for exercising the right of withdrawal from the contract
Standard form for exercising the right of withdrawal from the contract:
(fill in and send this form only if you wish to withdraw from the contract)
– To (, Sofia 1000 , ):
– I/We* hereby notify that I/we* withdraw from my/our* contract for the purchase of the following goods*/for the provision of the following service*
– Ordered on*/received on*
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is on paper)
– Date
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* Delete as appropriate.
Appendix № 2 - Information regarding the exercise of the right of withdrawal from the contract
Information regarding the exercise of the right of withdrawal from the contract
Standard instructions for withdrawal:
- Right of withdrawal from a distance or off-premises contract.
- You have the right to withdraw from this contract without giving any reason within 14 days.
- The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
- To exercise the right of withdrawal, you must inform us at the contact details provided on FlexiBag.bg of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
- You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website FlexiBag.bg. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without undue delay.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- Effects of withdrawal.
- If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using a bank account specified by you; in any event, you will not incur any fees as a result of such reimbursement.
- We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- You will have to bear the direct cost of returning the goods. The costs are estimated not to exceed the approximate amount of the delivery or standard courier service.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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