GENERAL TERMS AND CONDITIONS FOR ONLINE SHOP 3DOGS.BG
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relationship between "Three Dogs" EOOD, Sofia, 15 "Yoan Ekzarh" Str., fl.3, apartment 6, hereinafter referred to as the MERCHANT and the customers, referred to hereinafter CUSTOMER of the online shop online.3dogs.bg, hereinafter referred to as "ONLINE SHOP".
ІІ. MERCHANT’S DATA
Art. 2. Information as per E-Commerce Act and Consumer Protection Act:
(1) Commission for Personal Data Protection
Address: Sofia 1592, bul. „Prof. Tzvetan Lazarov” № 2,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
website: online.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, sq."Slaveikov" №4А, fl.3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
website: online.kzp.bg
III. ONLINE SHOP’S CHARACTERISTICS
Art. 3. The online shop can be accessed at www.3dogs.bg. At that address customers can enter into contractual relationship for the purchase and delivery of the goods offered by the ONLINE SHOP and services including:
(1) Register and create an account to view the ONLINE SHOP and use the additional services to access information;
(2) Make online statements related to the confirmation or execution of contract with the ONLINE SHOP through the interface of the ONLINE SHOP page available online;
(3) Enter into contractual relationship for the purchase and delivery of the goods offered by the ONLINE SHOP;
(4) Make any payments related to the contract with the ONLINE SHOP as per the payment methods maintained by the ONLINE SHOP.
(5) Receive information about new goods offered by the ONLINE SHOP;
(6) Review the goods, their characteristics, prices and terms of delivery;
(7) Be notified of their rights through the interface of the ONLINE SHOP page online;
(8) Exercise the right of withdrawal for the goods offered by the Merchant;
Art. 4. The MERCHANT delivers the goods and guarantees the rights of the CUSTOMERS by law within the framework of good faith, criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) CUSTOMERS enter into a contractual relationship for the purchase and delivery of the goods offered by the ONLINE SHOP through the MERCHANT's interface, available on their website or other means of remote communication.
(2) By virtue of the contract concluded with the CUSTOMERS for the purchase of goods, the MERCHANT undertakes to deliver and transfer the ownership of the goods to the CUSTOMER through the interface.
(3) The CUSTOMER shall pay the MERCHANT remuneration for the delivered goods in accordance with the conditions set out in the ONLINE SHOP and the current general terms and conditions. The remuneration is in the amount of the price announced by the MERCHANT at the web address of the ONLINE SHOP.
(4) The Merchant delivers the goods requested by the CUSTOMERS within the terms and under the conditions set by the MERCHANT on the ONLINE SHOP page and in accordance with these general terms and conditions.
(5) The price for the delivery is determined separately and explicitly from the price of the goods
Art. 6. (1) The CUSTOMER and the MERCHANT agree that all statements between them in connection with the conclusion and execution of the sales contract may be made online within the meaning of the Online Document and Online Signature Act and Art. 11 of the Online Commerce Act.
(2) It is assumed that the online statements made by the CUSTOMERS are done by the persons indicated in the data provided by the CUSTOMER during registration in case the CUSTOMER has entered the user name and password for access.
IV. USAGE OF THE ONLINE SHOP
Art. 7. (1) In order to use the ONLINE SHOP for the purchase of goods, the CUSTOMER should enter user name and password for access in the cases when the online shop requires registration.
(2) The user name and password are defined by the CUSTOMER by registering on the MERCHANT's website.
(3) By filling in their data and pressing the "Yes, I accept" or "Registration" buttons, the CUSTOMER declares that they are familiar with these general terms and conditions, agree with the content and undertakes to abide by them unconditionally.
(4) The MERCHANT confirms the CUSTOMER's registration by sending an email to the address specified by the CUSTOMER, to inform them about the activation of the registration. The CUSTOMER confirms the registration and conclusion of the contract through an online reference in the letter notifying him of the completed registration sent by the MERCHANT. After the confirmation, the CUSTOMER's account is created and a contractual relationship arises between them and the MERCHANT.
(5) When registering, the CUSTOMER undertakes to provide correct and up-to-date data. The CUSTOMER promptly updates the data specified in his registration in case of change.
(6) In order to use the full functionality of the MERCHANT'S ONLINE SHOP, the CUSTOMER undertakes to register on the ONLINE SHOP website. The MERCHANT is not responsible if, due to lack of registration, the CUSTOMER could not use the full functionality of the online shop, including rights under the contract.
(7) The present general terms and conditions can be accepted by the CUSTOMER even without registration in the ONLINE SHOP through an express declaration of will, including through the ONLINE SHOP website.
Art. 8. (1) The email address provided during the initial registration of the CUSTOMER, as well as any subsequent email address used for the exchange of statements between the CUSTOMER and the MERCHANT, is a PRIMARY EMAIL ADDRESS within the meaning of these general conditions. The customer has the right to change their PRIMARY EMAIL ADDRESS.
(2) Upon receipt of a request to change the PRIMARY EMAILADDRESS, the MERCHANT sends a request for confirmation of the change. The confirmation request is sent by the MERCHANT to the new PRIMARY EMAIL ADDRESS specified by the CUSTOMER.
(3) The change of the PRIMARY EMAIL ADDRESS is carried out after confirmation by the CUSTOMER, expressed through a reference contained in the confirmation request sent by the MERCHANT to the new PRIMARY EMAIL ADDRESS specified by the CUSTOMER.
(4) The MERCHANT informs the CUSTOMER about the change made, by means of an email sent to the PRIMARY EMAIL ADDRESS specified by the CUSTOMER before making the change under paragraph 2.
(5) The MERCHANT is not responsible for an illegal change of the PRIMARY EMAIL ADDRESS.
(6) The MERCHANT may require the CUSTOMER to use the PRIMARY EMAIL ADDRESS in specific cases.
V. TECHNICAL STEPS FOR ENTERING INTO CONTACTUAL RELATIONSHIP
Art. 9. (1) CUSTOMERS use the interface of the MERCHANT's page to enter into contractual relationship for the purchase of the goods offered by the MERCHANT at an ONLINE SHOP.
(2) The contract is concluded in the Bulgarian language.
(3) The contract between the MERCHANT and the CUSTOMER constitutes the present general terms and conditions available on the ONLINE SHOP’s website.
(4) The CUSTOMER is a party to the contract with the MERCHANT according to the data provided during registration and contained in the CUSTOMER's personal profile. For the avoidance of doubt, these are the details with which an account was created with the ONLINE SHOP.
(5) The MERCHANT includes in the interface of their website technical means for identifying and correcting errors when entering information, before the statement to conclude the contract is made.
(6) This contract is considered to be concluded from the moment the CUSTOMER registers with the MERCHANT or accepts the general conditions in another express way, including through a statement on the MERCHANT's website. The contract for the purchase and delivery of goods is considered concluded from the moment of its application by the CUSTOMER through the MERCHANT's interface.
(7) For the conclusion of this contract and for the conclusion of the contract for the purchase and delivery of goods, the MERCHANT expressly notifies the CUSTOMER in an appropriate manner by online means.
(8) The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(9) The MERCHANT delivers the goods to the address specified by the CUSTOMERS and is not responsible in the event that the data specified by the CUSTOMERS is incorrect or misleading.
Art. 10. (1) CUSTOMERS enters into contractual relationship for purchase and delivery with the MERCHANT by the following procedure:
- Registration in the ONLINE SHOP and provision of the necessary data if the CUSTOMER has not yet registered in the ONLINE SHOP or by requesting a product without registration;
- Login to the ONLINE SHOP by identifying with a user name and password and another means of identification;
- Selecting one or more of the goods offered on the ONLINE SHOP and adding them to a list of goods for purchase;
- Provision of data for carrying out the delivery;
- Choice of method and moment of payment of the price.
- Order confirmation;
(2) CUSTOMERS can enter into a sales contract with the MERCHANT without registration, using the relevant functionality in the online shop interface.
VI. SPECIFIC OBLIGATIONS OF THE MERCHANT. CONSUMER PROTECTION
Art. 11. The rules of this section VI apply to CUSTOMERS who according to the data specified during registration in the ONLINE SHOP, can be defined as customers within the meaning of the Law for Consumer Protection, the Online Commerce Act and/or Directive 2011/83/EC of the European Parliament and Council as of October 25, 2011.
Art. 12. (1) The main characteristics of the goods offered by the MERCHANT are defined in the profile of each product on the ONLINE SHOP website.
(2) The price of the goods, including all taxes, is determined by the MERCHANT in the profile of each product on the ONLINE SHOP website.
(3) The value of the delivery costs, not included in the price of the goods, is determined by the MERCHANT and is provided as information to the CUSTOMERS during any of the following steps before entering into contractual relationship:
- In the profile of each of the goods on the website of the MERCHANT;
- When choosing the goods for entering into sales contract;
(4) The method of payment, delivery and execution of the contract is determined in these general terms and conditions, as well as the information provided to the CUSTOMER on the MERCHANT's website.
(5) The information provided to the CUSTOMERS under this article is up-to-date at the time of its visualization on the MERCHANT's website before the conclusion of the sales contract.
(6) The MERCHANT must indicate the conditions for delivery of the individual goods on its website.
(7) The MERCHANT indicates before concluding the contract the total value of the order for all the goods contained therein.
(8) Customers agree that all information required by the Consumer Protection Act can be provided through the ONLINE SHOP platform interface or e-mail.
Art. 13. (1) The CUSTOMER agrees that the MERCHANT has the right to accept advance payment for the contracts concluded with the CUSTOMER for the purchase and delivery of goods.
(2) The CUSTOMER chooses independently whether to pay the MERCHANT the price for delivery of the goods before or at the time of their delivery.
Art. 14. (1) The CUSTOMER has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days, starting from the date of receipt of the goods, using the single contract withdrawal form available on the MERCHANT’s website. Information on exercising the right of withdrawal is available on the MERCHANT's website. Customers may also use another unambiguous statement.
(2) The right of refusal under paragraph 1 does not apply in the following cases:
(3) When the CUSTOMER has exercised his right of withdrawal, the MERCHANT shall refund all sums received from the CUSTOMER without undue delay and no later than 14 days from the date on which was notified of the CUSTOMER's decision to withdraw from the contract. The MERCHANT refunds the amounts received using the same means of payment used by the customer in the initial transaction.
(5) When exercising the right of withdrawal, the costs of returning the goods are at the expense of the CUSTOMER and the costs of returning the goods are deducted from the amount that the CUSTOMER has paid under the contract. The MERCHANT has no obligation to reimburse the additional costs of delivery of the goods.
(6) The CUSTOMER undertakes to ensure the preservation of the good’s quality and safety during the period under paragraph 1.
(7) The Customer may exercise their right to withdraw from the contract with the MERCHANT by making a written statement to the MERCHANT using the standard contract withdrawal form available on the ONLINE SHOP website.
(8) The Merchant may withhold payment of amounts to the CUSTOMER until they receives the goods sent back by the CUSTOMER.
(9) The MERCHANT refunds the amount for the returned goods in case they are in a suitable commercial condition and the integrity of the packaging is not violated.
Art. 15. (1) The term of delivery of the goods and the starting moment from which it runs is determined for each good separately when concluding the contract with the customer through the MERCHANT's website, unless the goods are ordered in one delivery.
(2) In the event that the CUSTOMER and the MERCHANT have not determined a delivery time, the delivery time of the goods is 30 working days, starting from the date following the sending of the customer's order to the MERCHANT through the e-shop website.
(3) If the MERCHANT cannot fulfill the contract because it does not have the ordered goods, it is obliged to notify the CUSTOMER about this and to refund the sums paid by them.
Art. 16. (1) The MERCHANT delivers the goods to the CUSTOMER after certifying the fulfillment of the requirements for providing information as per the Consumer Protection Act.
(2) The CUSTOMER and the MERCHANT certify the circumstances under paragraph 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The CUSTOMER and the MERCHANT agree that the requirements under paragraph 1 will be complied with if the authentication is performed by a person who, according to the circumstances, can be inferred to pass on the information to the CUSTOMER - a party to the contract.
VII. OTHER TERMS
Art. 17. The MERCHANT delivers and hands over the goods to the CUSTOMER within the time limit specified upon conclusion of the contract.
Art. 18. The CUSTOMER must inspect the goods at the time of delivery and handover by the MERCHANT and if it does not meet the requirements, notify the MERCHANT immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The MERCHANT is obliged to protect the CUSTOMER's personal data in accordance with the Personal Data Protection Act.
(2) For security reasons, the MERCHANT will send information only to the EMAIL ADDRESS that was specified by the CUSTOMERS at the time of registration.
(3) The MERCHANT announces a Policy for the Protection of Personal Data on their website.
(4) CUSTOMERS agree that the MERCHANT has the right to process their personal data, necessary for the fulfillment of orders and execution of the contract.
Art. 20. (1) At any moment, the MERCHANT has the right to require the CUSTOMER to identify himself and to certify the authenticity of each of the circumstances and personal data announced during registration.
(2) In the event that for any reason the CUSTOMER has forgotten or lost his username and password, the MERCHANT has the right to apply the announced Procedure for Lost or Forgotten Usernames and Passwords.
IX. ACCESS TO AND CHANGES OF TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the MERCHANT, of which the latter will notify all registered CUSTOMERS in an appropriate manner.
(2) The MERCHANT and the CUSTOMER agree that any addition and amendment to these general terms and conditions will be effective after the MERCHANT has expressly notified the CUSTOMER and if the CUSTOMER does not state within the 30-day period provided that they reject them.
(3) The CUSTOMER agrees that all statements of the MERCHANT in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the CUSTOMER during registration.
Art. 22. The MERCHANT publishes these general terms and conditions on their website together with all additions and amendments to them.
X. TERMINATION
Art. 23. These general terms and conditions and the CUSTOMER's contract with the MERCHANT 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 agreement of the parties in writing;
- unilaterally, with notice from each of the parties in case of non-fulfilment of the obligations of the other party;
- in case of objective inability of one of the parties to the contract to fulfill its obligations;
- when the goods are seized or sealed by state authorities;
- in case of deletion of the CUSTOMER's registration on the ONLINE SHOP website. In this case, the concluded but unexecuted contracts remain valid and enforceable;
- in case of exercising the right of refusal according 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 for the relevant category of goods.
XI. OTHER TERMS AND CONDITIONS
Art. 24. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to matters 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.