GENERAL TERMS AND CONDITIONS OF MagicOne.bg
CREATED IN ACCORDANCE WITH THE REQUIREMENTS OF THE CONSUMER PROTECTION COMMISSION AND THE BULGARIAN WEB ASSOCIATION
I. SUBJECT
These general terms and conditions are intended to regulate the relations between ENIGITY LTD, Sofia, 54 EVLOGI AND HRISTO GEORGIEVI Blvd., UIC 208524779, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-shop "MagicOne.bg", hereinafter referred to as "MagicOne.bg".
II. PROVIDER DATA
Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: ENIGITY LTD
2. Registered office and address of management: Sofia, EVLOGI I HRISTO GEORGIEVI Blvd. 54
3. Address for exercising the activity: Sofia, EVLOGI I HRISTO GEORGIEVI Blvd. 54.
4. Correspondence details: Sofia, Email: office@enigity.com , tel: +359888252941
5. Registration in public registers: UIC 208524779
6. Supervisory authorities:
(1) Personal Data Protection Commission Address: Sofia, 15 Ivan Evstatiev Geshov St., tel.: (02) 940 20 46 fax: (02) 940 36 40 Email: kzld@government.bg, kzld@cpdp.bg Website: www.cpdp.bg
(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 line: 0700 111 22 Website: www.kzp.bg
7. Registration under the Value Added Tax Act No. BG208524779
III. CHARACTERISTICS OF MagicOne.bg
MagicOne.bg is an electronic platform, accessible at the Internet address MagicOne.bg, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of goods offered by MagicOne.bg, including the following:
1. To register and create a profile for browsing MagicOne.bg and using additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with MagicOne.bg through the interface of the MagicOne.bg page, accessible on the Internet;
3. To conclude contracts for the purchase and sale and delivery of goods offered by MagicOne.bg;
4. To make any payments in connection with the concluded contracts with MagicOne.bg, according to the payment methods supported by MagicOne.bg.
5. To receive information about new goods offered by MagicOne.bg;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be notified of the rights arising from the law primarily through the interface of the MagicOne.bg website on the Internet;
The Supplier delivers the goods and guarantees the rights of the Users, provided for by the law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
(1) The Users conclude a contract for the purchase and sale of the goods offered by MagicOne.bg through the Supplier's interface, accessible on its website at MagicOne.bg or another means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.
(3) The Users pay the Supplier a fee for the delivered goods in accordance with the conditions specified on MagicOne.bg and these general terms and conditions. The fee is in the amount of the price announced by the Supplier at the address of MagicOne.bg on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions specified by the Supplier on the MagicOne.bg website and in accordance with these general terms and conditions.
(5) The delivery price is determined separately and explicitly from the price of the goods.
(1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract 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 were made by the persons specified in the data provided by the User upon registration, if the User has entered the relevant username and password for access.
IV. USE OF MagicOne.bg
(1) In order to use MagicOne.bg to conclude contracts for the purchase and sale of goods, the User must enter a username and password for remote access chosen by him, in cases where registration is required.
(2) The username and password for remote access are determined by the User, by registering electronically on the Supplier's site.
(3) By filling in his/her details and clicking the "Yes, I accept" and "Registration" buttons, the User declares that he/she is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending an email to the e-mail address specified by the User, to which information for activating the registration is also sent. The Recipient
confirms the registration and conclusion of the contract via an electronic link in the letter notifying him of the completed registration sent by the Provider. After confirmation, an account is created for the User and contractual relations arise between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his registration in the event of any change.
(6) In the event that a profile on web social networks or other networks is used for the User's registration, a party to the contract is the person who is the holder of the profile used for 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 upon initial registration of the User, as well as any subsequent email address used for the exchange of statements between the User and the Provider, is the “Primary Email Address” within the meaning of these general terms and conditions. The User has the right to change his/her Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider sends a request for confirmation of the change. The request for confirmation is sent by the Provider to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address is made after confirmation by the User, expressed by a reference contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.
(4) The Provider shall inform the User of the change made by e-mail sent to the Primary Contact Email Address specified by the User prior to making the change under item 2.
(5) The Provider shall not be liable to the User for any unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE AND SALES AGREEMENT
(1) Users shall primarily use the interface of the Provider's website to conclude purchase and sale agreements for the goods offered by the Provider on MagicOne.bg.
(2) The Agreement shall be concluded in Bulgarian.
(3) The contract between the Provider and the User is the present general terms and conditions, available at MagicOne.bg
(4) The party to the contract with the Provider is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt, these are the data with which an account with the Provider was created.
(5) The Provider includes in the interface of its website, technical means for identifying and correcting errors when entering 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. The contract for the purchase and sale of goods is considered concluded from the moment of its application by the User through the Provider's interface.
(7) The Provider expressly notifies the User of the conclusion of this contract and the conclusion of the contract for the purchase and sale of goods in an appropriate manner by electronic means.
(8) The statement for the conclusion of the contract and the confirmation of its receipt are considered to have been received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not liable in the event that the data specified by the Users are incorrect or misleading.
The Users conclude the purchase and sale contract with the Supplier according to the following procedure:
(1) Registration on MagicOne.bg and provision of the necessary data, if the User does not have a registration on MagicOne.bg until now;
(2) Login to the MagicOne.bg ordering system by identifying with a name and password;
(3) Selecting one or more of the goods offered on MagicOne.bg and adding them to the list of goods for purchase;
(4) Provision of data for the delivery;
(5) Selection of the method and time of payment of the price.
(6) Confirmation of the order;
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
The rules of this Section VI of these general terms and conditions apply to Users who, according to the data provided for the conclusion of the purchase contract or upon registration on MagicOne.bg, can be concluded to be consumers within the meaning of the Consumer Protection Act, the 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 product on the MagicOne.bg website.
(2) The price of the goods including
all taxes is determined by the Supplier in the profile of each product on the MagicOne.bg website.
(3) The value of postal and transport costs, not included in the price of the products, is determined by the Supplier and is provided as information to the Users at one of the following times before concluding the contract:
- In the profile of each of the products on the Supplier's website on MagicOne.bg;
- When selecting the products for concluding the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the Supplier's website.
(5) The information provided to the Users under this article is current at the time of its visualization on the Supplier's website on MagicOne.bg before concluding the purchase and sale contract.
(6) The Supplier must indicate the terms of delivery of the individual products on the MagicOne.bg website.
(7) The Supplier shall indicate the total value of the order for all goods contained therein before concluding the contract.
(1) The Consumer agrees that the Supplier has the right to accept advance payment for contracts concluded with the Consumer for the purchase and sale of goods and their delivery.
(2) The Consumer independently chooses whether to pay the Supplier the price for the delivery of the goods before or at the time of their delivery.
(1) The Consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 working days from the date of receipt of the goods, without being used or in a damaged commercial form
(2) The right of withdrawal under item 1 does not apply in the following cases:
- for the delivery of goods and the provision of services, the price of which depends on fluctuations in the financial markets, which the Supplier is not able to control;
- for the delivery of goods made according to the requirements of the consumer or on his individual order;
- for the delivery of audio and video recordings, software products and consumables, printed by the consumer;
- for equipment that is in a damaged commercial condition or used.
(3) When the Supplier has not fulfilled its 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 a period of up to three months, as of the date of receipt of the goods. When the information under this paragraph is provided to the consumer within the withdrawal period, the same begins to run from the date of its provision.
(4) In the event that the consumer exercises his right of withdrawal under item 1, the Supplier is obliged to refund the amounts paid by the consumer in full no later than 30 calendar days, as of the date on which the consumer exercised his right of withdrawal from the concluded contract. The costs of returning the goods shall be deducted from the amount paid by the consumer under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier thereof.
(5) The consumer undertakes to preserve the goods received from the Supplier, their quality and safety during the period under item 1.
(1) The delivery period of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website MagicOne.bg, unless the goods are ordered in one delivery.
(2) In case the consumer and the Supplier have not determined a delivery period, the delivery period of the goods is 30 working days, starting from the date following the sending of the consumer's order to the Supplier through the Supplier's website MagicOne.bg.
(3) If the Supplier cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the consumer of this and to refund the amounts paid by him within 30 working days from the date on which the Supplier should have fulfilled its obligation under the contract.
(4) In the cases under item 3, the Supplier has 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 the performance of the contract.
(5) In the event of exercising the right to withdraw from the supply contract under item 4, the costs of returning the goods shall be borne by the Supplier.
(1) The Supplier shall hand over the goods to the consumer after verifying the fulfillment of the requirements and the existence of the circumstances under Art. 61 of the Consumer Protection Act.
(2) The consumer and the Supplier shall verify the circumstances under item 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) The User and the Supplier agree that the requirements under item 1 and art. 61 of the Consumer Protection Act will be met if the verification is carried out by a person who, according to the circumstances, can be concluded to pass on the information to the User – a party to the contract.
VII. OTHER CONDITIONS
(1) The Supplier delivers and hands over the goods to the User within the period specified at the conclusion of the contract.
(2) If the period under item 1
is not expressly agreed upon between the parties at the conclusion of the contract, the Supplier shall deliver and hand over the goods within a reasonable period of time, but not later than 2 months.
The User must inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, immediately notify the Supplier.
VIII. PROTECTION OF PERSONAL DATA
(1) The Supplier shall take measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Supplier shall send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The Provider accepts and announces on its website a Personal Data Protection Policy, available at MagicOne.bg
(1) At any time, the Provider has the right to require the User to identify himself and to verify the authenticity of each of the circumstances and personal data announced during registration.
(2) In the event that 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", available at MagicOne.bg
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
(1) These general terms and conditions may be amended by the Provider, of which the latter will notify all Users of MagicOne.bg who have registered in an appropriate manner.
(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User after the Provider has expressly notified him/her and if the User does not declare within the 14-day period provided to him/her that he/she rejects them
(3) The User agrees that all statements by the Provider in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him/her.
The Provider publishes these general terms and conditions at MagicOne.bg, together with all additions and amendments to them.
X. TERMINATION
These general terms and conditions and the User's contract with the Provider shall be 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 prior notice from each party in case of non-fulfillment of the obligations of the other party;
- in case of objective impossibility of any of the parties to the contract to fulfill its obligations;
- in case of seizure or sealing of the equipment by state authorities; · in case of deletion of the User's registration on the MagicOne.bg website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
- in case of exercise of the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act.
XII. OTHER TERMS
The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.
For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
All disputes between the parties to this contract shall be resolved by the competent court or the Consumer Protection Commission.
These general terms and conditions shall enter into force for all Users of MagicOne.bg