About using the site
Art. 1./1/ These general terms and conditions are intended to regulate the relations between “VIBRO FIT BULGARIA” Ltd . with headquarters and address of management: Bulgaria, Sofia 1330, Sofia city region, Sofia Municipality, Krasna Polyana-3, bld. 37V, UIC 121712176, hereinafter referred to as the SUPPLIER/THE MERCHANT/A MERCHANT/A SELLER/OR THE SELLER, and customers, hereinafter referred to as CUSTOMERS/USERS/OR BUYERS, of the e-shop of VIBRO FIT BULGARIA Ltd., based on a Web page: www.vibrofit-bg.com , hereinafter referred to as “e-shop”.
/2/These general terms and conditions apply to all sales made on the INTERNET on behalf of the company “VIBRO FIT BULGARIA” LTD. and are valid only for sales effected via the Internet.
Art. 2. MERCHANT data and information under the Electronic Commerce Act and the Consumer Protection Act of the Republic of Bulgaria:
- Name of trader: “VIBRO FIT BULGARIA” LTD.
- Headquarters and address of management: Bulgaria, Sofia city 1330, Sofia city region, Sofia Municipality, Krasna Polyana-3, bld. 37V, entr.A, apt. 12.
- Address for the activity and address for complaints by users: Bulgaria, Sofia 1330, Sofia city region, Sofia Municipality, Krasna Polyana-3, bld. 37V, entr.A, apt. 12
- Data for correspondence: Bulgaria, Sofia 1330, Sofia city region, Sofia Municipality, Krasna Polyana-3, bld. 37V, entr.A, apt. 12, email: email@example.com, tel: 0878 364478.
5. Registration in Public registers – UIC: 121712176;
- Personal data operator.
- Supervisory authorities:
(1) Commission for Personal Data protection
Address: Sofia 1592, Blvd. Prof. 2 Tsvetan Lazarov, tel. 02/91-53-518, Email: firstname.lastname@example.org, Web page: www.cpdp.bg
(2) Commission for Consumer Protection
Address: Bulgaria, 1000 Sofia Blvd. Slaveykov “No4A, fl. 3, 4 and 6, tel./fax: 02/988 42 18, Hotline: 0700 111 22, Internet page: www.kzp.bg
(3) Commission for Protection of Competition
Address: Sofia 1000, Blvd. 18 Vitosha Blvd., Telephone: (02) 935 61 13, Internet page: www.cpc.bg
Art. 3. The e-shop is an online store, available at the Internet address: www.vibrofit-bg.com, through which the users have the opportunity to conclude contracts for the sale and delivery of the offered by the e-shop goods, including the following:
- To make electronic statements related to the conclusion or execution of contracts with the e-shop through the interface of the online shop page, available on the Internet;
- To conclude contracts for the sale and delivery of goods offered by the e-shop;
- To make any payments in connection with the contracts concluded with the e-shop, according to the means of payment Supported by e-shop .
- To receive information about new products offered by e-shop;
- To review the goods, their characteristics, prices and terms of delivery;
- To be informed about the rights arising from the law through the interface of the website of e-shop on the Internet;
Art. 4. The TRADER supplies the goods and guarantees the rights of consumers provided for by law, in the context of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) The users conclude a contract for the sale of goods offered by e-shop through the Trader‘s interface, available on its website at www.vibrofit-bg.com or other means of Distance communication.
(2 By virtue of the contract concluded with the Users, the MERCHANT undertakes to deliver and transfer the ownership of the goods to the User, which he has determined through the interface..
(3) Consumers shall pay the trader remuneration for the goods delivered under the conditions set out in the e-shop and these General Terms. The fee is the amount of the price declared by the merchant at the address of the online shop .
(4) The trader supplies the goods requested by the buyers within the time limits and under the Conditions set by the trader on the e-shop page and under these General Conditions.
(5) The price for delivery on the territory of the Republic of Bulgaria is at the expense of the merchant, and the price for delivery outside the territory of the Republic of Bulgaria is determined explicitly and separately from the price of the goods.
Art. 6. (1) The user and the trader agree that all statements between them in connection with the conclusion and execution of the purchase and sale contract may be made electronically and by electronic statements within the meaning of the Law on Electronic document and electronic signature and art. 11 of the Law on Electronic commerce.
(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 filling in the respective electronic forms, as introduced by the user. In the event of a dispute which person has expressed the will to be bound by the text of these General Terms and Conditions, a party to the contract is considered to be the person who paid the price of the goods requested for purchase.
Art. 7. The trader shall publish on his website a description of the main characteristics and the image of each commodity, the selling price, and other costs, if any, not included in the price of the goods, information on the methods of payment, delivery and performance of the contract, the rights and obligations of the user under the Consumer Protection Act and the Law on protection of personal data and the conditions and the way of exercising them. The trader shall not be held liable for any incorrect information about the characteristics of the goods specified by the manufacturer. It is possible a clerical error in the publication of information and pricesto be made. The trader can then refuse delivery and undertakes to return the paid by the user amount, if any.
- USE OF E-SHOP
Art. 8. (1) The email address provided at the first purchase by the user, as well as any subsequent email address used for exchange of statements between the user and the trader, is the “Primary e-mail address” in these General Conditions. The user has the right to change his or her primary e-mail address.
(2) The trader shall not be liable to the user for unlawful alteration of the primary e-mail address.
- TECHNICAL STEPS FOR CONCLUDING A CONTRACT FOR PURCHASE AND SALE
Art. 9. (1) The users mainly use the interface on the Website of the trader to conclude contracts for the purchase and sale of goods offered by trader in e-shop.
(2) The contract between the trader and the user represents these General Terms and Conditions, available at www.vibrofit-bg.com
(3) A party to the contract with the trader is the user according to the data provided when filling in the order form by the user.
(4) This contract and the contract for sale of goods shall be deemed to have been concluded from the moment of its accepting by the user in the interface of the trader.
(5) For the conclusion of this contract and for the conclusion of the contract of purchase and sale of goods, the seller expressly informs the customer in an appropriate manner by telephone or by other electronic means. The contract of sale takes effect between the parties after verifying the availability of the goods ordered for purchase and after confirming the order validity on the contact telephone specified by the customer or by sending a message to his e-mail.
(6) The order is accepted on the specified e-mail, telephone or online order form.
(7) Should the user wishes to be issued an invoice, he should fill in correctly and accurately the necessary data for this information in the relevant place indicated to him by the interface of the e-shop. The seller is not responsible for incorrect or incorrectly filled data.
(8) The statement on the conclusion of the contract and the acknowledgement of receipt shall be deemed to have been received when their addressees are able to access them.
(9) The seller delivers the goods to the address specified by the user and is not liable in case the data specified by the user is false or misleading.
Art. 10. The users conclude the sale contract with the trader in the following procedure:
(1) entering the system for making orders at the e-shop by clicking the “Shop” button
(2) selecting one or more of the offered goods at the e-shop and adding them to a list of goods for purchase (cart);
(3) provision of data for delivery (exact address, telephone, contact person/choosing the method of payment of the sale price of the goods /by bank transfer, at the place of the specified addresses or by cash on delivery from the courier). Specified incomplete, incorrect or incorrect address and/or telephone number when filing the application shall be deemed to be invalid and the trader shall not be obliged to execute it;
(4) order confirmation;
(5) When the user has chosen to pay the purchased goods by a bank transfer, the trader starts processing his order after receiving the full price in his bank account;
- SPECIAL OBLIGATIONS OF THE TRADER. CONSUMER PROTECTION AND PERSONAL DATA PROTECTION
Art. 11. The rules of the present section VI of these General Terms and Conditions apply to users who, according to the data specified for the conclusion of the purchase contract in e-shop, may be concluded to be consumers as per the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 211/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and the Law on the protection of personal data.
Art. 12. (1) The main characteristics of the goods offered by the trader are defined in the profile of each commodity on the e-shop website.
(2) The price of the goods including all taxes is determined by the trader in the profile of each commodity on the e-shop website.
(3) The value of the postal and transport costs not included in the price of the goods, if any, is determined by the trader and is provided as information to the consumer at one of the following points before the conclusion of the contract:
– In the profile of each of the goods on the seller’s e-shop website;
– When selecting the goods for the conclusion of the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is defined in these General Terms and Conditions, as well as the information provided to the User on the merchant’s website .
(5) The information provided to users under this article is current at the time of its visualization on the e-shop website before the conclusion of the contract of purchase and sale.
(6) The seller must specify the conditions for delivery of the individual goods on the e-shop website.
(7) The seller shall indicate before the conclusion of the contract the total value of the contract for all goods contained therein.
Art. 13. (1) The user agrees that the seller has the right to accept an advance payment for the contracts concluded with the consumer for the purchase and sale of goods and their delivery.
(2) The user chooses independently whether to pay the seller the price for the delivery of the goods before or at the moment of delivery.
Art. 14. Delivery.
(1) The available goods are delivered to the specified By the user address/to the external front door/or at The request of the user in the office Of the trader used by The merchant , indicated by the user, within 5 working days of The date of confirmation of the order through the interface of the e-shop.
(2) For unavailable goods, a preliminary enquiry should be made to the trader. The delivery period is sufficient according to the circumstances.
(3) The goods are delivered appropriately packaged according to its type and transport for delivery.
(4) The presence of a product on the site does not necessarily mean that it is available. When buying with a card or bank transfer it is obligatory to inquire in advance whether the goods are available. Otherwise, any payment shall be deemed to have been made at the risk of the consumer and he owes the trader all the costs of the refund if the trader does not confirm the delivery of the product so paid.
(5) In the case of contracts where the trader sends the goods to the consumer, the risk of loss or damage to the goods shall be passed on to the consumer at the time when the consumer or a third party designated by him, other than the carrier, accept the goods.
(6) Where the consumer has chosen a carrier and has assigned him to transport the goods, but the carrier chosen by the consumer is not among the carriers offered by the trader, the consumer shall pay all transport and related costs and the risk passes to the consumer when the goods are transferred to his chosen carrier. In case of loss or damage the user may claim compensation or penalty to the carrier.
Art. 15. Delivery of the goods.
(1) The goods shall be handed over to the consumer or to the third person instructed by him, who shall accept and acknowledge receipt thereof on behalf ff the consumer. In case of an agreed delivery with the trader, he undertakes to deliver the goods to the external entrance of the user‘s premises if he has access to it.
(2) Upon delivery of the goods, the user or the third person instructed by him/her shall sign the accompanying documents.
(3) In the event that the user is not found within the delivery period on the address specified by him or if access and/or conditions for the delivery of the goods are not provided within this period, the trader shall be relieved of his obligation to deliver the requested purchase product. The user can confirm his/her willingness to receive the goods after the expiration of the delivery period in which he/she was not found at the address, in which case he/she assumes all the costs of the re-supply. In this case, a new time limit for delivery shall commence as from the time of confirmation under the preceding sentence.
Art. 16. The trader provides the user on a durable medium with a confirmation of the concluded contract within a reasonable time after the conclusion of the contract at a distance or latest at the moment of delivery of the goods or before the service has begun to be performed. Confirmation by the trader contains all the information under Art. 47, paragraph 1 of the CPA unless the trader has provided this information to the user on a durable medium before the conclusion of the contract at a distance.
Article. 17. The consumer has the right to withdraw from the contract at a distance or from the off-premises contract without giving any reason, without compensation or penalty and without paying any expenses, excluding costs, provided for in art. 54, para. 3 and art. 55, within a period of 14 days from the date of:
- Conclusion of the contract – in the case of a service contract;
- Acceptance of the goods by the consumer or a third party other than the carrier and indicated by the consumer, in the case of a contract of sale, or:
(a) where the consumer has ordered many goods in a single contract which are delivered separately from the date of acceptance of the last goods By the consumer or a third party other than the carrier and indicated by the consumer;
(b) In the case of a supply of goods consisting of multiple batches or parts, from the date of acceptance of the last lot or part by the consumer or a third party other than the carrier and indicated by the consumer;
(c) In the case of contracts for the regular supply of goods which takes place during a period of time, from the date of acceptance of the first product by the consumer or a third party other than the carrier and indicated by the consumer.
Art. 18. (1) In order to exercise the right of withdrawal, the consumer must notify the trader of his name, address, purchase number, name of the goods and his telephone number and of his decision to withdraw from the contract by letter sent by e-mail from the email from which the order was made or by letter by post. The user may use the enclosed standard waiver form here, which is not mandatory, but the disclaimer should contain the information referenced in the form.
(2) The user must indicate when he will return the goods and a bank account held by the consumer to return the paid price of the goods. The goods can be returned only to address Sofia, the district of Krasna Polyana-3, bld. 37V, entr.А, apt. 12 or to another address, which is specified by the trader after the request for return is sent.
(3) All transport and other costs of returning the goods are entirely at the expense of the user.
(4) Until the time of receipt of the goods by the trader, the risk of accidental loss or damage is carried entirely by the user.
(5) The paid amount for the goods is returned after the inspection and acceptance of the goods by the trader, for which he draws up the relevant Protocol and informs the consumer whether the goods comply with the requirements for return. Payment shall be made within five working days of the establishment of a protocol of inspection with a finding that the goods meet the requirements for its return.
(6) When the consumer returns the goods to the trader and it does not meet the requirements for return of goods, such as, but not limited to, it is not in the form in which it was sent to the consumer, was installed already or used, the manufacturer’s original packaging was taken away or the integrity of the stickers placed by the trader is broken, packages or parts of the overall appearance of the goodsare missing, the product is mechanical and/or chemically damaged, the product was opened and there are partsmissing, etc., the trader has the right not to accept the goods back, informing the consumer about it as well as the reasons for the refusal and keeping the goods in its storage facilities free of charge for a 5 (five) day period, in which the user to take it back. After the expiration of this period, the user owes the trader a rental for his goods in the amount specified by the trader and notified to the user with the notification of refusal of acceptance of the returned goods. The trader is not responsible for the storage of the goods after the expiration of the 5-day period for which he has Informed the consumer.
Article. 19. Goods/services for which the user has no right of withdrawal:
(1) When providing services where the service is fully provided and its execution has begun with the user‘s explicit prior consent and acknowledgement that he/she knows that he/she will lose the right of withdrawal after the contract has been fully fulfilled by the trader;
(2) for the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur during the period for exercising the right of withdrawal;
(3) Upon delivery of goods made to the consumer ‘s order or according to his individual requirements;
(4) In the case of supplies of goods which, by their nature, may impair their quality or have a short shelf-life;
(5) In the case of delivery of sealed goods which have been opened after their delivery and cannot be returned for reasons of hygiene or health protection;
(6) In the case of supplies of goods which, having been supplied and by reason of their nature, have blended with other goods which cannot be separated;
(7) When supplying digital content that is not supplied on a tangible medium, when the performance has begun with the explicit consent of the user who has confirmed that he/she knows that he/she will thereby lose the right of withdrawal.
Article. 20. Review of goods, claims and warranty:
(1) Upon receipt of the goods, the user is obliged to review it immediately and in case of obvious defects, the absence of some of the accompanying accessories and/or any document, immediately to inform the person making the delivery. If he/she does not do so the good is considered approved and the consumer loses the right to claim later that the goods are delivered with obvious defects and/or disadvantages, the absence of any of the accompanying accessories and/or of any of the required by the Bulgarian legislation documents.
(2) If the user finds after receiving the goods any fractures, injuries or shortages of any details, he/she shall notify the trader not later than 5 days from the date of receipt of the goods by telephone and/or email in order to get information about the way and time limit to troubleshoot the problem.
Returns of goods purchased through the trader ‘s website are carried out under the CPA rules and according to the terms and conditions of their commercial guarantee.
Address for appeals: E-mail: email@example.com, phone 088 736 4478
The Trader is not responsible for the damage to the goods delivered to the user by the courier during transport.
Upon receipt of the goods in case of detected violations in its appearance or visible shortages the user must contact the courier, who is obliged to draw a protocol for damage to the shipment and the cost of the damaged goods are covered by the courier. Otherwise, in case of a later claim by the user for missing or impaired integrity of the appliance, they are considered to be the fault of the user. The trader has the right not to satisfy the claim, raised py the user in the following cases:
– Non-preservation of the instructions for operation and storage specified in the accompanying documentation, damages resulting from the use of the equipment in case of poor levelling and/or overload over the maximum permissible load carrying capacity;
– Damage occurring during transportation, with mechanical damage to the casing or display;
– Attempting to remove the defect by an unauthorized persons;
– Attempting to counterfeit the warranty card, factory number or absence of warranty card;
– Damage caused by natural disasters (thunder, floods, earthquakes, fires, etc.), from electrocution, from the falling of liquids and insects in the device, damp environment, etc.
– Use the devices with other faulty or incompatible modules and devices.
– In case of incorrect installation done by the buyer, that do not comply with the enclosed schemes, the warranty becomes invalid.
– Not subject to free warranty service are: grinding, loose connections due to usage, cosmetic parts and parts separating from the main body of the appliance, plastic decorations, handles, rubber seals, vinyls, bouncing surfaces, belts, bearings, ropes, reels, strips, consumable parts, elastics and bushings with limited service life. Batteries, consumables and external power supplies.
– The goods are damaged by a courier
Article. 21. WARRANTIES, WARRANTY CONDITIONS and WARRANTY terms
The trader issues a guarantee document to his customers for a purchased item that accompanies the goods upon delivery. The document describes: the type and model of the purchased item, the place of purchase, the date of commencement of its use, the term of the guarantee and enlists all conditions for validity of the guarantee as well as the conditions under which the guarantee is invalid.
Art. 22. Prices
(1) The prices are indicated on the site and are understood “delivered to the office of Econt Express in the Republic of Bulgaria”.
(2) The transport for delivery of goods ordered by the purchaser within the Republic of Bulgaria will be at the expense of the trader.
(3) In case the goods are dispatched outside the territory of the Republic of Bulgaria, the user/customer should pay all transport costs, customs, etc. charges related to exports from Bulgaria, if any, and imports into the country concerned, and to provide all the local documents for importation and to ensure the customs clearance of the goods in the country indicated by him/her at his/her own expense.
Art. 23 RIGHTS AND OBLIGATIONS OF THE USER/CLIENT
(1) The user/client has the opportunity to view and order the advertised goods on the internet shop www.vibrofit-bg.com .
(2) The user/client has the right to inquire about the status of his order.
(3) The user is obliged to pay the price of his order according to the advertised way on the page www.vibrofit-bg.com
(4) Any user, regardless whether he/she is a customer of the merchant, undertakes when using the services to:
- Notify the trader immediately of any case of committed or open violation when using the services provided;
- Not to load, send, transmit, distribute or use in any way and not to disclose to third parties software, computer programs, files, applications or other materials containing computer viruses, systems for unauthorized remote control (“Trojan Horses”), computer codes, or materials designed to interrupt, hinder, disrupt or restrict the normal functioning of computer hardware or software or telecommunication equipment or intended for unauthorized access in foreign resources or software, in particular in the interface of the trader’s web page
- Not to perform malicious actions that interfere with the use of the trader ‘s website in any way and/or copy without the trader ‘s consent information from there of any nature, photos videos and/or other materials;
- To indemnify the trader and all third parties for any damages and lost profits, including any expenses and attorneys fees, incurred as a result of claims by and/or paid benefits to third parties in connection with internet pages, hyper-links, materials or information that the user has used, deployed to the server, sent, disseminated, made available to third parties or made accessible via www.vibrofit-bg.com in violation of the law, these general conditions, decency or the internet ethics;
(5) The user undertakes to indicate a precise and valid telephone, delivery address and e-mail address, to pay the price of the goods, to pay the costs of delivery, when they are not free, to pay all other sums owed by him if any and to provide access and opportunity for the goods to be delivered.
Art. 24. RIGHTS and OBLIGATIONS of the TRADER
- The trader has no obligation and objective ability to control the way users use the services provided.
- The trader has the right, but not the obligation, to retain materials and information located on the vibrofit-bg.com server.
- The trader is entitled at his discretion to terminate, suspend or modify the services provided at any time without notice to the consumer when the latter uses the services supplied in the site in violation of these terms.
- The trader is not liable to the users and third parties for damages and lost profits resulting from the termination, suspension, alteration or limitation of the services, erasure, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded or made available through vibrofit-bg.com .
- The trader, after receiving the payment of all amounts due by the user , undertakes to transfer to the user the ownership of the goods applied for and to deliver them on time.
- The trader is not liable for damage caused to the software, hardware or telecommunication equipment or for loss of data resulting from materials or resources searched, uploaded or used in any way through the services provided. The counsel, advice or assistance provided by the trader ‘s specialists and employees in connection with the use of the services by users do not give rise to any liability or obligation for the trader. The trader is not liable for any incorrect information about the commodity, as stated by the manufacturer.
- The trader has the right to collect and use information pertaining to its users in compliance with the Personal Data Protection Act and the privacy policies announced on this site by him.
- The trader does not collect “sensitive information” within the meaning of the LPDP about its users, and they are not allowed to upload such information on the trader ‘s website for any reason. In the event of a breach of this condition by a consumer, the trader disclaims any liability and has the right to delete such information as soon as he notices it and without notifying the consumer.
- The trader is not liable for failure to fulfil his obligations under this contract in the event of circumstances which the trader has not foreseen and has not been able or obligated to foresee – including but not limited to cases of accidental events , problems in the global network of the Internet and in the provision of services, circumstances that were beyond the control and the will of the trader.
- The trader has the right to install cookies on the users ‘ computers only with their consent. Cookies are text files that are saved from the website on the user ‘s hard drive and allow the recovery of user information by identifying it and allowing tracking of his/her actions, the websites he/she visits, the hyper-links he/she uses, the information he/she uses and records and more.
Art. 25. PERSONAL DATA
- The trader guarantees to its users the confidentiality of the provided information and personal data. The latter will not be used, provided or brought to the attention of third parties outside the cases and under the conditions set forth in these Terms and Conditions and the Privacy Terms displayed on the trader’s website. The trader protects the user‘s personal data that has become familiar when filling in the electronic form for making a purchase application, and this obligation is removed in case the user has provided false data. Subject to the current legislation and the provisions of these General Terms and Conditions, the trader may use the personal data of the user only for the purposes stipulated in the contract. All other purposes for which the data is used will be in accordance with the Bulgarian legislation, applicable international acts, Internet ethics, rules of morality and good manners.
- The trader undertakes not to disclose any personal data about the user to third parties – public authorities, commercial companies, individuals and others, except in cases where he has received the explicit written consent of the user, the information is requested by public authorities or officials who, according to the current legislation, are entitled to request and collect such information, or where the trader is obliged to provide the information by virtue of the law, as well as in all cases where the trader should provide such information in order to fulfill his contractual obligations and/or protect his legitimate interests.
Art. 26. AMENDMENTS
These terms and conditions may be changed at any time by the trader, who is entitled to change the type, model, prices, terms of delivery, warranty terms, characteristics of the listed on www.vibrofit-bg.com goods and services, as well as any and all clauses of these General Terms and Conditions at its sole discretion and/or on the basis of changes in the legislation. The trader undertakes to inform the user about the changes in the general terms and conditions by publishing in a prominent place on the website a message about the amendments and to give him/her the opportunity to get acquainted with them.
Art. 27. TERMINOLOGY
(1) “User/client” means anyone who has loaded the website www.vibrofit-bg.com on their computer.
(2) “Order” means the selected goods and all other attributes related to the method of delivery and payment of the goods by the customer/user.
(3) The Internet shop www.vibrofit-bg.com is owned by the trader.
(4) All rights in all materials, photos, videos and other information uploaded on the trader‘s website belong to the trader and their copying and use for purposes other than those for personal use are prohibited and will be sanctioned under the law.
Art. 28. DISPUTES AND JURISDICTION
All disputes between the parties are resolved in a spirit of understanding and goodwill. In the event that consent is not reached, all unresolved disputes, including disputes arising out of or relating to the interpretation of these Terms and Conditions, their invalidity, execution or termination, as well as disputes to complete the gaps in them or adapting them to emerging circumstances, will be resolved by the competent court in the city of Sofia, according to the Bulgarian legislation.