GENERAL TERMS AND CONDITIONS OF E-SHOP
Art. 1. These general terms and conditions are intended to regulate the relations between "Sea Star" EOOD, Bourgas, Al. Veliki 3, hereinafter referred to as SUPPLIER, and customers, hereinafter referred to as USERS, of the online store https://shop.seastarboat.com/, hereinafter referred to as "E-SHOP".
ІІ. SUPPLIER DATA
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: "SEA STAR" EOOD
2. Headquarters and address of management Bourgas, Al. Veliki 3
3. Address for exercising the activity Sunny Beach
(2) Consumer Protection Commission Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors, tel .: 02/980 25 24 fax: 02/988 42 18 hotline: 0700 111 22 Website: www.kzp.bg.
III. CHARACTERISTICS OF E-SHOP
Art. 3. The e-shop is available on the Internet at https://shop.seastarboat.com/, through which Users have the opportunity to enter into contracts for the sale and delivery of goods offered by the E-SHOP, including the following:
1. To register and create a profile for viewing the E-SHOP and use the additional services to provide information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the E-SHOP through the interface of the E-SHOP page, available on the Internet;
3. To conclude contracts for purchase and sale and delivery of goods offered by the E-SHOP;
4. To make any payments in connection with the concluded contracts with the E-SHOP, according to the payment methods maintained by the E-SHOP.
5. To receive information about new products offered by the E-SHOP;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be informed about the rights arising from the law mainly through the interface of the E-SHOP page on the Internet;
8. To exercise the right of withdrawal from the contract concluded at a distance for the goods offered by the Supplier, for which the right of withdrawal is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users enter into a contract for purchase and sale of goods offered by the E-SHOP through the interface of the Provider, available on its website or other means of distance communication.
(2) Pursuant to the contract concluded with the Users for purchase and sale of goods, the Provider is obliged to deliver and transfer the ownership of the User to the goods determined by him through the interface.
(3) The users pay to the Provider remuneration for the delivered goods according to the conditions determined on the E-SHOP and the present general conditions. The remuneration is in the amount of the price announced by the Provider at the address of the E-SHOP on the Internet.
(4) The Provider delivers the goods ordered by the Users within the terms and under the conditions determined by the Provider on the website of the e-shop and in accordance with these general conditions.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and performance of the contract of sale may 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 of the site are made by the persons specified in the data provided by the User when registering, if the User has entered the appropriate name and password for access.
IV. USE OF E-SHOP
(2) The name and the password for remote access are determined by the User through electronic registration on the website of the Provider.
(3) By filling in his data and pressing the buttons "Yes, I accept" or "Registration", the User declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the e-mail address specified by the User, to which information for activating the registration is sent. The User confirms the registration and conclusion of the contract by electronic reference in the letter notifying him of the registration sent by the Provider. After the confirmation, an account of the User is created and a contractual relationship arises between him and the Provider.
(5) Upon registration, the User undertakes to provide accurate and up-to-date data. The user promptly updates the data specified in his registration in case of change.
(6) In order to use the full functionality of the e-shop of the Provider, the User undertakes to register on the website of the e-shop. The Provider is not liable if due to lack of registration the User could not use the full functionality of the e-shop, including in terms of exercising rights under the contract, the ability to claim a lower price and other similar functions.
(7) These general terms and conditions may be accepted by the Users without registration in the E-SHOP through an explicit statement of intent, including through the website of the E-SHOP.
Art. 8. (1) The e-mail address provided during the initial registration of the User, as well as any subsequent e-mail address used for the exchange of statements between the User and the Provider, is "Primary e-mail address" within the meaning of these general conditions. The user has the right to change his Primary contact email address.
(2) Upon receipt of an application for change of the Main contact e-mail address, the Provider shall send a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact e-mail address specified by the User.
(3) The change of the Primary contact e-mail address is made after confirmation by the User, expressed by a reference contained in the request for confirmation sent by the Provider to the new Primary contact e-mail address specified by the User.
(4) The Provider informs the User about the change, by e-mail, sent to the main contact e-mail address specified by the User before making the change under para. 2.
(5) The Provider is not responsible to the User for illegal change of the Main contact e-mail address.
(6) The Provider may require from the User the use of the Main contact e-mail address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AGREEMENT
Art. 9. (1) The users mainly use the interface of the Provider's website in order to conclude contracts for purchase and sale of the goods offered by the Provider in the E-SHOP.
(2) The contract shall be concluded in English.
(3) The contract between the Provider and the User represents the current general conditions, available on the website of the E-SHOP.
(4) The party to the contract with the Provider is the User according to the data provided during registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data with which the account with the Provider has been created.
(4) A party to the contract with the Provider is the User according to the data provided during registration and contained in the personal profile of the User. For the avoidance of doubt, these are the data with which the account with the Provider has been created.
(5) The provider shall include in the interface of its website, technical means for establishing and correcting errors in the input of information, before the statement for concluding 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 conditions in another explicit manner, including through a statement on the website of the Provider. The contract for purchase and sale of goods is considered concluded from the moment of its application by the User through the interface of the Provider.
(7) For the conclusion of this contract and for the conclusion of the contract for purchase and sale of goods, the Provider shall explicitly notify the User in an appropriate manner by electronic means.
(8) The statement for concluding the contract and the confirmation for its receipt shall be considered received when their addressees have access to them.
(9) The Supplier delivers the goods to the address indicated by the Users and is not responsible in case the data provided by the Users are incorrect or misleading.
Art. 10. (1) The users conclude the contract of sale with the Provider under the following procedure:
Entering the system for placing orders in the E-SHOP by identifying with a name and password and other means of identification;
Selecting one or more of the goods offered on the E-SHOP and adding them to the list of goods for purchase;
Choice of method and time for payment of the price.
Confirmation of the order;
(2) Users may conclude a contract of sale with the Provider without registration, using the relevant functionality in the interface of the e-shop
VI. SPECIAL 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 specified for the conclusion of the contract of sale or registration in the E-SHOP, it can be concluded that they are users within the meaning of the Act on Consumer Protection, the Electronic Commerce Act and / or Directive 2011/83 / EC of the European Parliament and of the Council of 25 October 2011.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the site of the E-SHOP.
(2) The price of the goods including all taxes is determined by the Supplier in the profile of each product on the site of the E-SHOP.
(3) The manner of payment and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the website of the Provider.
(4) The information provided to the Users under this article is current at the time of its visualization on the website of the Provider before the conclusion of the contract of sale.
(5) The supplier shall indicate before the conclusion of the contract the total value of the contract for all goods contained therein.
(6) Users agree that all information required by the Consumer Protection Act may be provided through the interface of the platform of the E-SHOP or e-mail.
Art. 13. (1) The consumer agrees that the Provider has the right to accept advance payment for the contracts concluded with the consumer for purchase and sale of goods and their delivery.
Art. 14. (1) The consumer shall not have the right, without paying compensation or penalty and without stating a reason, to withdraw from the concluded contract
Art. 15. (1) If the Supplier cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the Consumer and to refund the amounts paid by him.
Art. 16. (1) The supplier shall hand over the goods to the consumer after certifying the fulfillment of the requirements for providing information to the consumer according to the Consumer Protection Act.
(2) The User and the Provider shall certify the circumstances under para. 1 in writing at the time of delivery by hand signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under para. 1 shall be complied with if the certification has been performed 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.
VIII. PROTECTION OF PERSONAL DATA
Art. 17. (1) The Provider shall take measures for protection of the personal data of the User according to the Personal Data Protection Act.
(4) The users agree that the Provider has the right to process their personal data necessary for the execution of orders in the e-shop and the execution of the contract.
Art. 18. (1) At any time, the Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data announced during registration.
(2) In case for any reason the User has forgotten or lost his name and password, the Provider has the right to apply the announced Procedure for lost or forgotten names and passwords.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 19. (1) These general terms and conditions may be amended by the Provider, for which the latter will notify in an appropriate manner all Users who have registration. (2) The Provider and the User agree that any additions and amendments to these general conditions will have effect on the User after his explicit notification by the Provider and if the User does not state within 30 days that he rejects them. (3) The User agrees that all statements of the Provider in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him. Art. 20. The Provider publishes these general terms and conditions on its website address together with all additions and amendments thereto.
Art. 21. The present general conditions and the contract of the User with the Provider 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-compliance with the obligations of the other party; in case of objective impossibility of any of the parties to the contract to perform its obligations; in case of seizure or sealing of the equipment by state bodies; in case of deletion of the User's registration on the site of the E-SHOP. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution; 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 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 TERMS
Art. 22. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 23. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 24. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.