GENERAL CONDITIONS OF REFRESHO
CREATING THE REQUIREMENTS OF THE COMMISSION FOR CONSUMER PROTECTION AND THE BULGARIAN WEB ASSOCIATION
I. SUBJECT These General Terms and Conditions are designed to regulate the relations between POLIMAX 55 LTD, Sofia, EVROLOGI AND HRISTO GEORGIEVI № 70, UIC 835028348, hereinafter referred to as PROVIDER, and the customers, hereinafter referred to as USERS, to the e-shop “refresho.io”, hereinafter referred to as “refresho.io”.
II. SUPPLIER’S DATA Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of Supplier: POLIMAX 55 LTD
2. Registered office and address of management: Sofia, 70, EVLOGI AND HRISTO GEORGIEVI Blvd.
3. Address for exercising the activity: Sofia, bul. EVOLGI AND HRISTO GEORGIEVI №54.
4. Correspondence data: Sofia, Email: sales@polimax-55.com, tel: +359 2 944-62-60 5. Entry in public registers: UIC BG835028348, 6. Certificate number for Data Administrator No 96085
5. Supervisory authorities:
(1) Commission for Personal Data Protection Address: Sofia, 15, Ivan Evstatiev Geshov Str., Tel .: (02) 940 20 46 fax: (02) 940 36 40 Email: kzld@government.bg, kzld@cpdp.bg Web site: www.cpdp.bg
(2) Commission for Consumer Protection Address: 1000 Sofia, Slaveykov Square 4A, 3rd floor, 4 and 6, tel .: 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22 Website: www.kzp.bg 8. Registration under the Value Added Tax Act BG 835028348 III. CHARACTERISTICS OF refresho.io refresho.io is an online platform accessible via the Internet at refresho.io, through which the Users have the opportunity to sign contracts for the purchase and sale of the goods offered by refresho.io, including the following:
1. To register and create a profile for reviewing refresho.io and using the additional information services;
2. To make electronic statements regarding the conclusion or performance of contracts with refresho.io through the interface of the refresho.io website, accessible on the Internet;
3. Conclude contracts for the purchase and sale of the goods offered by refresho.io;
4. Make any payments in relation to the contracts concluded with refresho.io, according to the payment methods supported by refresho.io.
5. Receive information about new products offered by refresho.io;
6. 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 refresho.io website on the Internet; The Supplier delivers the goods and guarantees the rights of the Beneficiaries provided for by the law within the framework of good faith, the criteria and conditions adopted in the practice, consumer or commercial law.
(1) Users shall conclude a contract for the purchase and sale of the goods offered by refresho.io through the supplier’s interface, accessible on its Internet site at refresho.io or other means of distance communication.
(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer the ownership of the User to the goods, which he has determined through the interface.
(3) The Beneficiaries shall pay to the Supplier remuneration for the delivered goods under the terms and conditions set forth in refresho.io and these General Terms and Conditions. The remuneration is in the amount of the price announced by the refresho.io Provider at the Internet.
(4) The Supplier 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 shall be determined separately from the price of the goods.
(1) The User and the Provider agree that all statements between them regarding the conclusion and execution of the purchase contract may be made by electronic and 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 of the site are made by the persons
IV. USE OF refresho.io
(1) In order to use refresho.io for concluding contracts for the purchase and sale of goods, the User shall enter a name and password of 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 pressing 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 consignee confirms the registration and the conclusion 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 Provider 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) If a User Account is used to use a social networking or other network account, 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.
(1) The email 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 is 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 Supplier shall send a request for confirmation of the change. The Confirmation Request is sent by the Provider to the new Main Contact E-mail specified by the User.
(3) The change of the Basic Contact E-mail 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 specified by the User.
(4) The Provider shall inform the User about the change made by e-mail sent to the User’s Main Contacting Email address prior to making the change under item 2.
(5) The Provider shall not be liable to the User for unauthorized modification of the Basic Contact E-mail Address. (6) The Provider may require the User to use the Basic Contact E-mail address in specific cases.
V. TECHNICAL STEPS TO CONCLUDE A PURCHASE CONTRACT
(1) Users shall mainly use the interface on the Provider’s website in order to conclude contracts for the purchase and sale of the goods offered by the Supplier in refresho.io.
(2) The contract shall be concluded in the Bulgarian language.
(3) The Contract between the Provider and the User constitutes the present General Terms and Conditions available at refresho.io
(4) A party to the agreement 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 that created an account with the Provider.
(5) The supplier 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 concluded 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 concluded from the moment of its being declared by the User through the Interface of the Supplier.
(7) For the conclusion of this contract and for the conclusion 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 conclusion 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 Supplier 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. The Beneficiaries enter into the Purchase-Sale Agreement with the Supplier under the following procedure:
(1) Performing a registration in refresho.io and providing the necessary data if the User has not registered so far at refresho.io;
(2) Entering the ordering system of refresho.io by identifying with a name and password;
(3) Choosing one or more of the offered goods of refresho.io and adding them to a 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;
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
The rules of this Section VI of these General Terms and Conditions shall apply to Users for whom, according to the data specified for the conclusion of the Purchase Sale Agreement or upon registration with refresho.io, it can be concluded that they are users within the meaning of the Protection of Consumer 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.
(1) The main characteristics of the goods offered by the Supplier are defined in the profile of each item on the site of refresho.io.
(2) The price of goods with all taxes included is determined by the Supplier in the profile of each item on the site of refresho.io.
(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 conclusion of the contract:
– In the profile of each item on the Refresho.io Provider’s website;
– When selecting the goods for the conclusion of the purchase contract;
(4) The manner of payment, delivery and performance 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 refresho.io Supplier’s website prior to the conclusion of the purchase contract.
(6) The supplier must specify the conditions for the delivery of the individual goods on the site of refresho.io.
(7) Before the conclusion of the contract, the supplier shall indicate the total value of the contract for all the goods contained therein.
(1) The User agrees that the Provider is entitled to accept an advance payment for the contracts concluded with the consumer for the purchase and sale of goods and their delivery.
(2) The consumer chooses independently whether to pay the Supplier the price to deliver the goods before or at the moment of delivery.
(1) The consumer is entitled, without due compensation or forfeiture and without giving any reason, to cancel the concluded contract within 14 working days from the date of receipt of the goods without being used or with a broken trade type
(2) The right of withdrawal under item 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 Supplier is unable to control;
– for the supply of goods made according to the requirements of the consumer or on his / her individual order;
– for the supply of audio and video recordings, software and consumables, printed by the user;
– for equipment that has been degraded or used.
(3) Where the Provider has not fulfilled his obligations to provide information as defined in Art. 54 of the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within three months from the date of receipt of the goods. Where the information referred to in this paragraph is provided to the consumer within the withdrawal period, it shall begin to run from the date of its submission.
(4) In the event that the consumer exercises his right of withdrawal under item 1, the Supplier shall be obliged to reimburse him in full the sums paid by the consumer not later than 30 calendar days from the date when the consumer exercised the right your withdrawal from the contract. From the amount the consumer has paid for the contract, the cost of returning the goods is deducted unless the consumer has returned the goods for his own account and has notified the Supplier thereof. (5) The user is obliged to store the goods received by the Supplier, their quality and safety during the period under item 1.
(1) The delivery time of the goods and the starting point from which they run is determined for each item individually upon conclusion of the contract with the consumer through the website of the Supplier of refresho.io, unless the goods are ordered in one delivery.
(2) If the consumer and the Supplier have not set a delivery term, the delivery period of the goods shall be 30 working days from the date following the sending of the order to the Supplier through the site of the Supplier refresho.io.
(3) If the Contractor can not fulfill the contract because he does not have the goods ordered, he shall notify the consumer and reimburse the sums paid by him within 30 working days from the date on which the Supplier should have fulfill its obligation under the contract.
(4) In the cases under item 3, the Supplier shall have the right to deliver to the consumer goods of the same quality and price. The supplier shall notify the consumer electronically of the change in performance of the contract.
(5) In case of exercise of the right of withdrawal from the supply contract under item 4, the return of the goods shall be at the expense of the Provider.
(1) The supplier shall deliver the goods to the consumer 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 item 1 in writing at the moment of delivery by a handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under item 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 he will transmit the information to the consumer-party to the contract.
VII. OTHER TERMS
(1) The Supplier shall deliver and deliver the goods to the User in the term specified at the conclusion of the contract.
(2) If the term under item 1 is not explicitly agreed between the parties at the conclusion of the contract, the Supplier shall deliver and deliver the goods within a reasonable time but not later than 2 months. The user must review the goods at the time of delivery and delivery by the Supplier and if they do not qualify to notify the Supplier immediately.
VIII. PROTECTION OF PERSONAL DATA
(1) The Provider shall take measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(2) For security reasons of the User’s personal data, the Provider will only send the data to an e-mail address that was designated by the Users at the moment of registration.
(3) The Provider accepts and declares on its Site a Privacy Policy available at refresho.io
(1) At any time, the Provider shall be entitled to require the User to legitimize and certify the authenticity of each of the circumstances and personal data announced during the registration.
(2) If, for any reason, the User has forgotten or lost his name and password, the Supplier may apply the announced “Lost or Forgotten Names and Passwords Procedure” available at refresho.io
IX. AMENDMENT AND ACCESS TO GENERAL CONDITIONS
(1) These General Terms and Conditions may be modified by the Provider, for which the latter will inform in an appropriate manner all refresho.io Users who have registered.
(2) The Provider and the User agree that any supplementation 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 modification 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. The Provider publishes these terms and conditions at refresho.io, together with any additions and amendments thereto.
X. TERMINATION
These General Terms and the User’s Agreement with the Supplier 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-performance of the other party’s obligations;
– in the event of an objective impossibility of any of the parties to the contract to perform their duties;
– in case of seizure or sealing of equipment by state authorities; · In case of deletion of the user’s registration on refresho.io website. In this case, the concluded but not executed purchase 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.
XI. OTHER TERMS
Any invalidity of any provision of these terms and conditions will not invalidate the entire contract. The laws of the Republic of Bulgaria shall apply to matters not governed by this Agreement relating to the implementation and interpretation of this Agreement. Any disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.
