GENERAL TERMS AND CONDITIONS „HELIX TREND” EOOD
1.1 These GENERAL COMMERCIAL CONDITIONS FOR DELIVERY OF ITEMS are to be considered as standard contractual conditions which are applicable in all the commercial contracts between: „ HELIX TREND”EOOD, a Limited Company, founded on under the Bulgarian Legislation, registered in the Commercial Register with UIC: 205107307, with registered seat and address at Bulgaria, city of Sofia; 6 Bogovets Street; ap.9; Lagera Housing Estate, represented by Verka Bogdenova, hereinafter referred to as a PROVIDER, and natural or legal persons on the other side hereinafter referred to as a BUYER. The Provider shall sell and deliver the items. The Buyer shall accept and pay the ordered items.
1.2. Making the order is considered as accepting these General Terms and Conditions. Different conditions shall not be applicable, unless they are accepted and signed in a written form.
1.3. The provider has no obligation to enter into a contract with Buyers who didn’t accept these General Terms and Conditions.
1.4. The Buyer accept these General Terms and Conditions by checking the box “I agree and accept the General Terms and Conditions” during the registration procedure or during the procedure of Sending an Order as “guest”, after he/she entered his/her personal data.
1.5. The General Terms and Conditions are published on the website and can be accessed by any visitor of the site.
1.6. By checking the box “I agree and accept the General Terms and Conditions” when creating a registration or when the Buyer makes an Order as “guest”, irrebuttable presumption is created that: The Buyer had read the General Terms and Conditions and then accepted them. By checking the box “I agree and accept the General Terms and Conditions”, the Buyer makes electronic statement pursuant to Electronic Document аnd Electronic Trust Services Act, with which the Buyer declares that he/she agrees and accepts these General Terms and Conditions.
II. ABOUT THE PROVIDER
2.1. Information pursuant to Electronic Commerce Act and Consumer Protection Act
• Name of the Provider: „HELIX TREND“ EOOD
• Registered seat and address: Bulgaria, city of Sofia; 6 Bogovets Street; ap. 9; Lagera Housing Estate
• Communication and Management address: Bulgaria, city of Sofia; 6 Bogovets Street; ap. 9; Lagera Housing Estate
• Registered in public registers: UIC: 205107307
• Administrative Authorities:
(A) Commission for Personal Data Protection Address: : 2 Prof. Tsvetan Lazarov Blvd., Sofia tel: +3592 940 2046 fax: +3592 940 3640 Email: email@example.com, firstname.lastname@example.org Website: www.cpdp.bg
(B) Commission for Consumer Protection Address: “4A, “Slaveikov” square, Sofia, fl.3,4 and 6 Tel: +3592/ 980 25 24 Fax: +3592/ 988 42 18 Call center: 0700 111 22 Website: www.kzp.bg
III. GENERAL INFORMATION ABOUT THE DELIVERY OF THE ITEMS
3.1 The Provider shall sell and organize the delivery of the item/s in accordance to the Order made by the Buyer via the interface of the Provider’s website on httр://www.handmadestore.eu. Provider does not accept Orders made by any other means.
3.2 Delivery of the Products – Terms and Conditions:
The items are delivered by Bulgarian post services or Courier companies` services on address, specified by the Buyer. The risk of loss or damage to the items shall pass over to the Buyer from the moment of the transfer of the items to the Bulgarian post office or Courier Company office. The Delivery shall be Buyer’s own expense. Provider is organizing the transfer of the items via Bulgarian post or Courier company in terms of five days
IV. PURCHASE OF ITEMS AND INFORMATION ABOUT THE WEBSITE
4.1. The website is online shopping store, available on httр://www.handmadestore.eu. Here the Buyers can enter into a sale contract of the listed by the website items. They also can:
• Register in the website and create a profile, as well as using additional information services;
• To order items as “guests” on the website without a registration and a client profile;
• To check the items, its prices, characteristics and delivery conditions;
• Purchase items on the website
• To make payments via the available payment methods on the website in relation to the purchased items.
• To make electronic statements via the web platform httр://www.handmadestore.eu in relation to entering or performing contracts with the Provider.
• To receive offers and information about new items on the website.
• To exercise their right of withdrawal if applicable in relation to Consumer Protection Act.
• To be informed by the website for their rights under Consumer Protection Act.
4.2. The Provider shall organize the delivery of the ordered items and guarantee the rights of Buyers according to the legislation.
4.3. The Buyer orders the items via the interface of the Provider, available at httр://www.handmadestore.eu.
4.4. (1) By Provider’s confirmation of the Order, the sell contract shall be considered as concluded on the web platform handmadestore.eu.
(2) Pursuant to the contract on the web platform handmadestore.eu the Provider shall organize the delivery and transfer of the ownership of the items, ordered by the Buyer.
4.5. Buyers have the right to correct information no longer than the moment of sending their Order (via the Send Order button). The Provider shall establish suitable, effective and accessible tools to the Buyer to correct the information before Sending the Order such as: Options to remove an item from the shopping cart, to add items in the shopping cart, to increase or decrease the numbers of ordered items, to change the address of the delivery and the method of payment.
4.6. Buyers shall pay the price of the ordered items according to the conditions set on the platform httр://www.handmadestore.eu and these General Terms and Conditions. The price amount is set on the web platform httр://www.handmadestore.eu.
4.7. (1) The Buyer and the Provider agree that all statements related to the entering and performing the sell contract can be made via electronic means and statements according to Electronic Document аnd Electronic Trust Services Act and Article 11 of Electronic Commerce Act.
(2) It is presumed that the electronic statements made by the Buyer on the website are made by the Person, which data is used to register in the site, when the Buyer had entered name and password.
4.8 To order items on the website, the Buyer shall enter his name and password or log in via his/her Facebook or Google account,. By this action the Buyers accepts these General Terms and Conditions. 4.9. The Buyers can make orders via the website as “guest”, in which case client’s profile, name and password will not be generated.
4.10. The Buyer enters name and password during the registration procedure on the website. The Buyers can order items via a profile in Facebook and Google.
4.11. By entering his/her data and checking the box “I agree with General Terms and Conditions” ( in registration procedure or by making an order as “guest” on the website) The Buyer declares that is informed and agrees to follow these General Terms and Conditions.
4.12. The Provider confirms the registration, created by the Buyer, via an email to the Buyer’s email address.
4.13. When registering, the Buyer shall state true and up to date data. If there is a change, the Buyer shall update his/her data.
4.14. After the Buyer sends an order, the Provider confirms the order via email. Without a confirmation of the order, the contract does not enter into force.
V.TECHNICAL STEPS TO ENTER INTO A SALE CONTRACT
5.1. (1) The Buyers use the interface of Provider’s webpage httр://www.handmadestore.eu, to enter into sale contracts for the listed on the web platform httр://www.handmadestore.eu items.
(2) When the Buyer sends an order as “guest”, the latter accepts these General Terms and Conditions in the moment of making the order.
5.2. The Buyers order the items via the web platform httр://www.handmadestore.eu in the following procedure
(1) Enter into order’s system on the web platform httр://www.handmadestore.eu.
(2) Select one or more items from the list of items of the Provider’s web platform httр://www.handmadestore.eu and add the item/s into the buying list.
(3) Enter the necessary Buyer’s data to verify the Buyer as a party to the contract.
(4) Enter the necessary data for the delivery;
(5) Select a method of payment.
(6) Confirmation of the order.
VI. CONTENT OF THE CONTRACT
6.1. (1) The Provider and the Buyer enter into separate sale contracts, despite the fact that the Buyer made one electronic statement to order two or more items out of the buying list.
(2) The Provider can deliver the items, ordered with separate contracts, all at once.
(3) The rights of the Buyers in relation to the delivered items, are separately exercised for every sale contract. Rights, exercised in relation to one delivered item, have no legal effect towards the sale contracts for the other items. When the Buyer has a status of “consumer” under the Consumer Protection Act, exercising his/her right to withdraw from the contract for one item, does not apply to the other contracts for the different items. Consumers benefit from the right of the legal guarantee that the item is in conformity with the sale contract.
(4) In case of delivery of promo-set of items, the delivery and return policy for the set of items shall be applied with priority, as stated in the item’s profile in the online shopping store.
6.2. When exercising his/her rights the Buyer has to precisely and unambiguously state the item and the sale contract he/she is referring to.
6.3. (1) The Buyer can pay the price for more than one sale contract all at once via the website’s electronic payment methods.
(2) When there is delivery of promo- set of items, the price for the set of items is paid at once and cannot be paid separately for the different items in the set.
VII. DELIVERY OF THE ITEM/S
7.1. (1) The provider shall organize the delivery at the Buyer’s expense. The items shall be delivered to an address, specified in the order by the Buyer.
(2) The terms for the delivery of the item/s are specified during the order procedure.
7.2. The Provider makes the delivery of the item, ordered by the Buyer in relation to the agreed upon assortment, quantity, quality, package and price.
7.3. (1) The Buyer shall review the item in the moment of the delivery and if the item does not match the requirements to inform the Provider immediately on the web platform httр://www.handmadestore.eu.
(2) If the Buyer does not inform the Provider on the web platform httр://www.handmadestore.eu in accordance to para (1), the items are considered to be accepted by the Buyer. This paragraph is not applicable in cases of hidden defects of the item/s.
7.4. When the item is delivered, the Buyer or third party signs all of the attached documents. Third party is every person who is not the Buyer, but accepts the delivery of the item on the address of the delivery, stated by the Buyer. If the Buyers is not found on address in the terms of the delivery, or there are no suitable conditions or access for the delivery of the item, „HELIX TREND” EOOD will have no obligation to make the delivery of the Item. The Buyer can confirm his/her will to receive the ordered item after delivery’s term has expired, if her/she accepts to pay all the delivery expenses. In such cases a new delivery term shall start.
7.5. If the Provider cannot deliver the Order partly or at all, The Provider shall inform the Buyer in 3 days after the confirmation of the Order and if possible to agree upon a new Order, which can be delivered. If the Provider and the Buyer do not agree upon a new Order, the Order that cannot be delivered will be annulled and the Provider has no legal obligation towards it.
7.6. The Provider on the web platform httр://www.handmadestore.eu has no obligation to provide a warranty service center to the item.
VIII. SPECIAL CLAUSES FOR CONSUMERS UNDER CONSUMER PROTECTION ACT
8.1. The rules of these section and these General Terms and Conditions are applicable only to Buyers, who has status of “Consumers” (hereinafter referred as Buyer-consumer) pursuant to Consumer Protection Act, Electronic Commerce Act and Directive 2011/83/EU
8.2. (1) Main characteristics of items, offered by the Provider are published on item’s profile on web platform httр://www.handmadestore.eu.
(2) Prices of the items with all included taxes are determined by the Provider in the item’s profile on the web platform httр://www.handmadestore.eu.
(3) The price of post service / courier services expenses is determined by the Provider on the web platform httр://www.handmadestore.eu.
(4) The methods of payment, delivery and performing the contract are determined by these General Term and Conditions and the information, given to Buyer-consumer on the web platform httр://www.handmadestore.eu.
8.3. Buyer-consumer accepts that the Provider has the right to receive payments made in advance in relation to the sale contracts between the Parties and the delivery of items.
8.4. (1) Buyer-consumer has the right to withdraw from the contract, without paying compensation or a penalty and without stating the reasons for the withdrawal. Buyer-consumer can exercise this right within a period of 14 days from the day he accepted the item via THE RIGHT TO WITHDRAW FROM THE CONTRACT STANDARD FORM, which can be found on the Provider’s web platform httр://www.handmadestore.eu, at httр://www.handmadestore.eu./obshti-usloviq - Appendix № 1, attached to these General Terms and Conditions. Information about the right to withdraw from the contract is available at: https://www. httр://www.handmadestore.eu/obshti-usloviq in Appendix № 2 of the General Terms and Conditions.
(2) Right to withdraw from the contract pursuant to para. 1 is not applicable in the following cases:
• For delivery of items, which price depends on the fluctuations of the financial markets, which cannot be controlled by the Provider;
• For delivery of items, created by the requirements of Buyer-consumer or by his/her special order.
• For delivery of items, which cannot be returned or there is a high risk of damaging the items’ quality if returned.
• For delivery of wrapped items, which if unwrapped after the delivery cannot be returned due to health or hygiene protection concerns;
• For the supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery;
• For delivery of newspapers, magazines or other periodicals.
(3) If the provider on the web platform httр://www.handmadestore.eu, pursuant to Consumer Protection Act has not provided the Buyer-consumer with information about his right to withdraw from the contract after the delivery of the item, the Buyer consumer shall have the right to withdraw from the distance contract or from the off-premises contract within a period of one year and 14 days after the date of the delivery of the item
(4) Where the Provider has provided the Buyer-consumer with information about his/her right of withdrawal within one year of the delivery of the item, the Buyer Consumer shall have the right to withdraw from the contract within 14 days from the date of receipt of the information. The Buyer- Consumer can exercise his/her right of withdrawal via the web platform httр://www.handmadestore.eu in the Appendix №1 THE RIGHT TO WITHDRAW FROM THE CONTRACT STANDARD FORM
(5) Where the consumer has exercised their right of withdrawal from the distance contract or from the off-premises contract, the Provider shall reimburse all payments received from the Buyer-consumer, including the costs of delivery, without undue delay and in any case not later than 14 days from the date on which the Provider has been informed of the customer’s decision to withdraw from the contract. The Provider shall be obligated to reimburse the payments received using the same means of payment as the Buyer-consumer used for the initial transaction, unless the Buyer-consumer has expressly agreed otherwise and provided that the Buyer-consumer does not incur any costs as a result of such reimbursement.
(6) If the Buyer-consumer exercised his right to withdraw from the contract, the following rules are applicable:
• When the right of withdrawal from the contract is exercised, the return expenses for the delivered items will be deducted from the amount pursuant to para. 5, unless Buyer-consumer organizes by himself and at his expenses the return of the items. If the Buyer-consumer had chosen different from the cheapest method of standard delivery, the Provider has no obligation to pay back further expenses.
• The Provider may withhold the reimbursement of the payments to the Buyer-consumer under this para. until the provider has received the items or until the Buyer-consumer has provided evidence of having sent back the items, whichever is the earliest.
• Buyer-consumer shall send the items back to the Provider or authorized person within 14 days from the date on which the Buyer-consumer has communicated their decision to withdraw from the contract to the Provider. The deadline shall be considered met if the Buyer-consumer or delivers the item back to the Provider before the expiration of the 14-days period.
• If the right of withdrawal is exercised, the Buyer-consumer shall bear only the direct cost of returning the items.
• The Buyer-consumer shall store and save the quality of the delivered items in accordance to the period of para.1
• The Buyer-consumer shall deliver back the item in good commercial condition, which allows future sell of the item, unless the unwrapping of the items leads to the obvious defect for the good commercial condition of the item such as damaged wrapping box, hermetic packaging and sealing or other similar cases. In such cases the Provider shall have the right not to accept the withdrawal of the contract or to charge the Buyer-consumer with expenses for the recovery of the good commercial condition of the item.
• If the right of withdrawal is exercised pursuant to this article, it shall be considered that Buyer-consumer exercised his/her right of withdrawal also to the bonus that comes with the item.
(6) In case the item is not in compliance with the sale contract, the Buyer-consumer shall have the right of claim towards the Provider to put the item in correspondence to the sale contract. Every non-compliance of the item with the sale contract, which appears within 6 months after the delivery of the item, shall be consider to be existed upon its delivery, unless it shall be proved, that the lack of correspondence is due to the character of the item or the character of the non-compliance.
(7) Right of claim for Buyer-consumer item may be lodged within two years, but not more than two months from the establishment of the discrepancy with the contract.
IX. PRICES AND PAYMENT METHOD
9.1. Main characteristics of the items, offered by the Provider are determined in the profile of each item on the web platform httр://www.handmadestore.eu.
9.2. The price of the items with all the included taxes is determined by the Provider in the profile of each item on the web platform httр://www.handmadestore.eu.
9.3. The Provider has the right to change the pricing list at any time in accordance to its pricing market policy. The changed price enters into force from publishing it on the website profile of the item.
9.4. Ordered items are paid by the Buyer at the moment of submission of the order to the Provider via the methods of payment available on the website.
X. PERSONAL DATA PROTECTION
XI. ENTRY INTO FORCE
11.1. These General Terms and Conditions and all the amendments made to it are applicable to all sale contracts, entered into force since 1-st of September 2018
11.2. These General Terms and Conditions are created pursuant to Art. 16 of Obligations And Contracts Act and Art. 298 Commerce Act and are accepted with an issued Order by the Manager of HЕLIX TREND EOOD and shall come into force on 1-st of September 2018. These General Terms and Conditions are applicable for all the Provider’s sales contracts
11.3. (1) These General Terms and Conditions can be amended by the Provider on the web platform httр://www.handmadestore.eu. In case of amendments, the Provider will notify all the registered Buyers in a suitable way.
(2) On the web platform httр://www.handmadestore.eu, the Buyer and the Provider shall agree, that every amendment of these General Terms and Conditions shall have legal power towards the Buyer in one of the following cases:
• After a notice provided by the Provider about the amendments on the web platform httр://www.handmadestore.eu and if the Buyer does not object to the amendments within the period of 14 days; or
• After publishing the amended General Terms and Conditions and if the Buyer does not object to the amendments within the period of 14 days;
• With the acceptance by the Buyer via Provider’s web platform httр://www.handmadestore.eu.
(3) In case these General Terms and Conditions are amended the Buyer agrees to receive notifications for the Provider’s statements on the web platform httр://www.handmadestore.eu via the email address provided by him/her during the registration procedure. Buyer agrees that notifications via email address do not need to be signed with electronic signature to legally bind him.
12.1. The contract between the parties as well as these General Terms and Conditions on the web platform httр://www.handmadestore.eu are terminated in following cases:
• Due to termination or liquidation on one of the Parties of the Contract;
• By mutual and written acceptance for termination
• In an event of objective impossibility for one of the Parties to perform the contractual obligations;
• In an event of seizure or sealing by the government authorities;
• If the Buyer’s website registration is deleted on the web platform httр://www.handmadestore.eu. In this case the contracts that are already in force but not performed, shall remain in force and shall be performed;
12.2. The Provider shall have the right, without a notification and compensation to terminate the contract if he found that the Buyer is using the web platform httр://www.handmadestore.eu in violation of these General Terms and Conditions, Legislation of Republic of Bulgaria, good faith principles, and the general rules and customs in electronic commerce.
13.1. The Buyer shall agree to compensate and relieve from liability the Provider in case of legal actions from third Parties (whether they are justified or not) for all the expense and damages (legal assistance fees or legal process fees) in relation to
(1) failure to comply with the obligation from this contract,
(2) In case of violation of Copy, Producers or other Intellectual Property Rights,
(3) unlawful transaction of Buyer’s rights to third parties for the period and the conditions to the contract
(4) in case of false declaration for “consumer” status pursuant to Consumer Protection
Act. 13.2. The Provider is not liable in events of force majeure, problems in the internet connection, technical or other objective reasons such as imperative orders by the government authorities.
13.3. (1) The Provider is not liable for the damages made by the Buyer or third Parties.
(2) The Provider is not liable for material or immaterial damages, consisting of suffered losses or loss of profits for the Buyer in the process of using the httр://www.handmadestore.eu to enter into sale contracts with the Provider.
(3) The Provider is not liable for the period when the web platform is unavailable due to force majeure.
(4) The provider is not liable for damages, occurred by comments, opinions and publications on the items’ profiles on the web platform httр://www.handmadestore.eu.
14.1. (1) The Buyer and the Provider shall mutually agree to protect their rights and legitimate interests as well as to keep trade secrets, discovered in the process of performing the contract and these General Terms and Conditions
(2) The Buyer and the Provider shall not announce publicly - written or oral communication between them. Public announcements are publishing communication in written or electronic media, internet forums, personal or public websites etc…
14.2. In case of inconsistency between these General Terms and Condition and special contracts between the Parties on the web platform httр://www.handmadestore.eu, the norms of the special contract shall prevail
14.3. An invalidity of a clause of these General Terms and Conditions shall not lead to full invalidity of the sale contract.
14.4. The provisions of Bulgarian civil and trade legislation shall apply to non-regulated matters in these General Terms and Conditions,
14.5. In the event of dispute between the Parties in relation to the sale contract, the Parties shall refer the matter to the competent Bulgarian court.
14.6. These General Terms and Conditions come into force for all the Buyers on 1-st of September 2018.
Appendix № 1 – STANDARTD FORM FOR THE RIGHT TO WITHDRAW FROM THE CONTRACT Right to withdraw from the contract – standard form: (please fill and send these form only if you wish to withdraw from the contract) – To „HELIX TREND“EOOD,UIC: 205107307, with registered seat and address at: Bulgaria, city of Sofia; 6 Bogovets Street; ap.9; Lagera Housing Estate – I would like to inform you that I withdraw from the sale contract between us for the following item/items: – Items were ordered on __.__.____/Item was delivered on: __.__.____ – Name of the Consumer/s – Address of the Consumer/s – Signature of the Consumer/s ( only if the form is written) – Date * Strike out what does not apply.
Appendix № 2 – INFORMATION ABOUT RIGHT TO WITHDRAW Information about right to withdraw from the contract Standard instructions for the right of withdrawal: I. Right to withdraw from the distance contract or from the off-premises contract. II. You have the right to withdraw from the contract, without stating a reason within a period of 14 days. III. The right to withdraw from the contract can be exercised in 14 days, from the date when you or person authorized by you receive the item from the post / courier service company. In order to exercise your right of withdrawal you have to inform us on httр://www.handmadestore.eu. You have to unambiguously state your decision to withdraw from the contracts ( via mail, post, fax ) You can use the attached RIGHT TO WITHDRAW FROM THE CONTRACT STANDARD FORM. You can also fill the form via email or other unambiguously statement for withdrawal on our website httр://www.handmadestore.eu. If you use this option to inform us, we will send you back a notice to provided by you email address with a confirmation that we received your withdrawal from the contract. You have to inform us for your decision to exercise your right of withdrawal in the term for the withdrawal from the contract. IV. Legal Effect of the Right to withdraw from the contract If you withdraw from the contract, we will pay you back the full amount of money that we received, including the delivery service expenses ( this is not applicable in case when you picked different than the standard and the cheapest method of delivery). We will pay you back in 14 days or less from the date that you had informed us for your decision to withdraw from the contract. We will restore you thefull amount of money on bank account, provided by you; in all cases you will not have any expenses in relation to this transaction. We have the Right to postpone the reimbursement until we receive the items back from you or until we receive a proof that the items were sent back to us. You have to bear the expenses for the delivered back items. The delivery expenses for the return of the item should be similar with expenses of a standard post service. You are liable for the price reduction of the items, as a consequence of testing the item in a different manner than the one normal for establishing the characteristics and main function of the item. For more information, please check httр://www.handmadestore.eu.