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General terms
GENERAL TERMS OF ELECTRONIC STORE
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- SUBJECT
Art. 1. These general conditions are intended to regulate the relations between „DESIGN 2020“ EOOD, Pazardzhik, 39 „Nikola Razhankov“ Str., hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the electronic store https://bonsait.bg/.
- PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
- Name of the Supplier: „DESIGN 2020“ EOOD
- Headquarters and address of management: Pazardzhik 4400, Nikola Razhankov Street 39 et.2.
- Address for exercising the activity: Pazardzhik 4400, 39 Nikola Razhankov St. et.2.
Correspondence details: Pazardzhik 4400, 39 Nikola Razhankov St. et.2.
- Entry in public registers: EIK 204850044
- Supervisory authorities:
(1) Commission for the Protection of Personal Data
Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov“ No. 2,
phone: (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, Slaveykov Sq. No. 4A, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
III. CHARACTERISTICS OF ELECTRONIC STORE
Art. 3. The electronic store is available at the Internet address https://bonsait.bg/, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the electronic store, including the following:
- To register and create a profile to view the store and use the additional services to provide information;
- To make electronic statements in connection with the conclusion or execution of contracts with the electronic store through the functionalities of the store page available on the Internet;
- To enter into contracts for the purchase and sale and delivery of the goods offered by the electronic store;
- To make any payments in connection with the concluded contracts, according to the payment methods supported by the site.
- To receive information about new goods offered by the store;
- To review the goods, their characteristics, prices and terms of delivery;
- To be notified of the rights arising from the law on the website of the store on the Internet;
- 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 from the contract is applicable;
Art. 4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract for the purchase and sale of the goods offered by https://bonsait.bg/ through the Provider’s system, available on its website or another means of remote communication.
(2) By virtue of the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User.
(3) Users shall pay the Supplier remuneration for the delivered goods according to the conditions set at https://bonsait.bg/ and these general terms and conditions. The remuneration is equal to the price announced by the Supplier.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions.
(5) The value of the delivery is paid according to the conditions set at https://bonsait.bg/ and these general terms and conditions.
Art. 6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the sales 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.
- It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
- USE OF ELECTRONIC STORE
Art. 7. (1) In order to use the site for concluding contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User, through electronic registration on the Provider’s website.
(3) By filling in his data and pressing the „Yes, I accept“ or „Registration“ buttons, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.
(4) The Provider confirms the registration made by the User by sending a letter to the electronic address specified by the User, to which information on activation of the registration is also sent. The User confirms the registration and conclusion of the contract through an electronic reference in the letter notifying him of the completed registration sent by the Provider. After the confirmation, the User’s account is created and a contractual relationship is established between him and the Provider.
(5) When registering, the User undertakes to provide correct 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 Supplier’s electronic store, the User undertakes to register on the electronic store’s website. The Provider is not responsible if, due to lack of registration, the User could not use the full functionality of the electronic store, including in relation to exercising rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) The present general terms and conditions can be accepted by the Users even without registration in the electronic store through an express declaration of will, including through the website https://bonsait.bg/
Art. 8. (1) The electronic address provided during the initial registration of the User, as well as any subsequent electronic address used for the exchange of statements between the User and the Provider, is a „Primary electronic address“ within the meaning of these general terms and conditions. The User has the right to change his Primary Contact Email Address.
(2) Upon receipt of a request to change the Main contact email address, the Provider sends a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User.
(3) The change of the Primary contact electronic address is carried out after confirmation by the User, expressed through a reference contained in the request for confirmation sent by the Provider to the new Primary contact electronic address specified by the User.
(4) The Provider informs the User about the change made, by means of an electronic letter sent to the Primary contact email address specified by the User before making the change under para. 2.
(5) The Provider shall not be liable to the User for an unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Main Contact Email Address in specific cases.
- TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
Art. 9. (1) Users primarily use the interface of the Provider’s page to conclude contracts for the purchase and sale of the goods offered by the Provider at https://bonsait.bg/.
(2) The contract is concluded in the Bulgarian language.
(3) The contract between the Supplier and the User represents the present general conditions available on the website at https://bonsait.bg/.
(4) Party to the contract with the Supplier 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 details with which an account was created with the Supplier.
(5) The supplier includes in the interface of its Internet page, technical means for identifying and correcting errors in the entry of information before the declaration of conclusion of the contract is made.
(6) For the conclusion of this contract and for the conclusion of the contract for the purchase and sale of goods, the Supplier expressly notifies the User in an appropriate manner by electronic means.
(7) The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(8) The Supplier delivers the goods to the address specified by the Users and is not responsible in the event that the data specified by the Users is incorrect or misleading.
Art. 10. (1) Users conclude the purchase and sale contract with the Supplier according to the following procedure:
Registering at https://bonsait.bg/ and providing the necessary data if the User has not yet registered on the site or by requesting a product without registration;
Entering the system for placing orders of the store at https://bonsait.bg/ by identifying with a name and password and another means of identification;
Selecting one or more of the goods offered at https://bonsait.bg/ and adding them to a list of goods for purchase;
Provision of data for making the delivery;
Choice of method and moment of payment of the price.
Order confirmation;
(2) Users can enter into a purchase and sale agreement with the Supplier without registration by using the relevant function on the e-shop website.
(3) When ordering through https://bonsait.bg/, the Site sends a notification to the User by email, with which the distance contract between you as the User and the Supplier is considered concluded. The notification also certifies the successful registration of the order in the merchant’s system, which does not mean acceptance, confirmation or commitment to its execution, unless otherwise stated in the notification.
- PAYMENT
Art. 11 The prices of the goods and services announced on the Site are final.
Art. 12 (1) The price, method of payment and term of payment are specified in each order.
(2) Orders of products offered by the seller, worth more than BGN 1,000, cannot be paid upon delivery, but must be paid in full or in advance by bank transfer. Usually, if prepayment is required, this is indicated in the ad.
(3) The Supplier issues the User an invoice for the ordered goods based on the information provided by the User. When the latter has not indicated that he wants an invoice, the Supplier or the courier shall only provide a fiscal receipt and/or a receipt for the sale made upon cash payment received in accordance with current legislation.
(4) In the case of payments by bank transfer or by card, the seller is not responsible for any costs in connection with fees, commissions or other additional payments made by the customer in connection with the transaction, as well as in cases of currency exchange , applied by the bank that issued the client’s card in cases where the currency is different from Bulgarian leva (BGN).
(5) Payment by card to the Site is accepted as an international payment by the banks in Bulgaria and according to their rules for working with cards and card payments for such type of transactions, some banks or other institutions charge additional fees. The costs associated with such payments are solely for the buyer’s account. The Provider therefore recommends its customers to check with their bank for possible additional fees that could be charged to them for online or bank payments for products and services sold by https://bonsait.bg/.
Art. 13(1) The user is obliged to provide all the necessary information for the issuance of the invoice in accordance with the current Bulgarian legislation, in case such is required. This he can do when placing the order or later through a message to the seller.
- In order to correctly draw up the invoice for the relevant order, the User is obliged to continuously update the data in his profile, if registered, or in his order. He must review the information provided in the relevant order to ensure that it is complete, true and accurate.
(2) by bank transfer – in this case, the value of the ordered goods and/or services and the delivery (unless it is free), should be paid by the User or by a third party chosen by him to the seller’s bank account, the payment being is considered complete only after the same is confirmed and the corresponding amount has been deposited into the bank account of DESIGN 2020 EOOD;
(3) by debit or credit card (virtual POS terminal) – in this case the value of the ordered goods and/or services and the delivery (unless it is free) should be paid by the customer or by a third party chosen by him through the system for payment to Ipay specified in the payment step. The customer is redirected directly and automatically to the operator’s website, where the payer must enter the data of his card (card number), its validity, holder, as well as the three-digit security code (CVC/CVV), and these data are transmitted to the system of the payment service operator to confirm the transaction. The payment is considered completed only after the customer agrees to the operator’s conditions and the system successfully registers the payment and the amounts are verified in the account of DESIGN 2020 EOOD. By providing the necessary data, the customer or a third party payer identifies himself, confirms the amount of the payment and orders the card account to be debited with the amount of the payment and to be transferred to the account of DESIGN 2020 EOOD. The provider does not receive any details of your credit or debit cards. The User has no right to dispute a payment confirmed by entering a correct identification password, CVC/CVV security code, personal secret 3D identification password or other identification password/code or a payment confirmed by entering a 6-digit access code to the mobile application.
(4) with a voucher under the terms of Art. 15 of these terms and conditions – if this option is available at the time of purchase.
Payment by voucher
Art. 15 (1) The supplier in certain cases issues vouchers of a certain value, which is paid by the customer when ordering the voucher. These vouchers can be used under the terms and conditions specified in the voucher itself. Unless otherwise stated in the specific voucher or the advertisement for it, the vouchers of a certain value can be used within 6 months of the order and issue, once and against goods and services offered on the site that are not in a promotional campaign and which are of a value equal to or greater than the value of the voucher. When purchasing goods or services for a value exceeding the amount paid for the voucher, the customer undertakes to pay the difference to the seller under the terms and conditions valid for standard purchases and according to the payment method chosen by the customer when choosing the specific product or service. In the case of a voucher purchase of goods or services of lower value, the difference is not refunded to the customer and cannot be transferred in the future for other purchases through the site. The same applies if the voucher is not used by you within the specified period. If the voucher is not named or otherwise specified, it can be used by any person who holds it.
(2) The supplier in certain cases issues vouchers that guarantee a discount when purchasing goods or services from the site. Vouchers of this type are offered by the store free of charge to the customer, i.e. as a gift to customers who have purchased goods or services above a certain value or during a promotional campaign (for example, upon first registration, first order or other). The discount to which the recipient of the voucher is entitled is stated in a certain percentage or as a specific value. These vouchers can be used under the terms and conditions specified in the voucher itself. Unless otherwise stated in the specific voucher or advertisement, vouchers guaranteeing a discount can be used within a 6-month period from the order and issue, once and against goods and services offered on the site that are not in a promotional campaign and which are of a value higher than that stated in the voucher (example: if the voucher states that it guarantees the recipient a 20% discount on selected goods or services and that it can only be used for orders over BGN 20 ., this means that you can use the voucher and the discount guaranteed by it for purchases exceeding BGN 20, i.e. BGN 20.01 or more). If the voucher is not named or otherwise specified, it can be used by any person who holds it. Voucher cannot be reissued as cash value.
(3) The voucher cannot be reissued as cash value and is not subject to refusal, return or exchange. If you return a product or service paid for with the voucher, if the return is lawful and takes place within the voucher’s validity period, the conditions under Art. 25 of the General Terms and Conditions.
VII. STOCK DELIVERY
Way of delivery
Art. 16 (1) The Supplier undertakes to deliver the ordered and purchased goods himself or through a courier company to an address specified by the User or to an office of the courier company, depending on the choice of the customer. Delivery is made to the door of the building (ground floor).
- In the event that a User is registered at https://bonsait.bg/ and has more than one address saved in his profile, the delivery will be sent to the one indicated as the main one.
(3) The Supplier usually sends goods ordered by the User by courier company „Ekont“ or „Speedy“. The delivery of live plants is carried out only by the company „Ekont“. For the remaining items, the User has the right to choose the company, which may be outside of those mentioned above. The supplier contacts the customer by phone or email to specify whether it will be delivered to his office or to the door of the address specified by the customer.
(4) The supplier determines the method of payment for delivery on https://bonsait.bg/, when it is not included in the price of the product.
(5) The supplier delivers goods only on the territory of Bulgaria. In the event that a User wishes to have specific goods delivered to an address outside the territory of Bulgaria, the User should contact the Supplier.
Shipping fee
Article 17 (1) The price of the delivery is not fixed on the site („Delivery“ section) depends on the selected supplier, the size and volume of the shipment, the delivery address, as the same when it is within Bulgaria, varies from BGN 5.00. up to BGN 50.00 for standard shipments weighing up to 10 kg. To accurately calculate the shipping cost, use Econt’s or Speedy’s shipping price calculator. Tip: Delivery to a courier office is more cost-effective than delivery to a specified address.
(2) The supplier has the right to stipulate that no delivery charge is due from the customer in the case of an order above a certain value. This circumstance will be indicated in the „Delivery“ section or elsewhere on the site and when placing an order.
(3) In certain cases, the courier company charges additional fees for services such as delivery at a fixed time, delivery on a holiday, SMS notification of received shipment, „cash on delivery“ fee.
(4) Unless otherwise stated in the advertisement of the selected product, the following delivery conditions and prices apply:
Delivery time
Art. 18 (1) Orders for goods from https://bonsait.bg/ are accepted 24 hours a day, including weekends and public holidays. Accepted orders are processed and sent by courier within 1-3 working days, unless we have agreed otherwise, for example after payment has been received (for orders paid by bank transfer).
(2) The maximum term of delivery of goods within the Republic of Bulgaria is 7 (seven) working days from the date of confirmation by the Supplier, unless we have agreed otherwise.
(3) The delivery time is extended accordingly by the number of days off for orders placed on Fridays, Saturdays, Sundays and during public holidays.
(4) The supplier reserves the right to extend the terms by more than 7 working days with the prior consent of the latter.
(5) The Supplier is not responsible for delivery delays due to circumstances beyond the Supplier’s control, such as delays on the part of the courier carrying out the delivery, prohibition by a state authority, extraordinary or force majeure circumstances, force majeure under Art. 306 of the Commercial Law.
(6) The supplier has the right to unilaterally extend the delivery period or refuse delivery of goods or services in cases where the order is requested with payment by bank transfer, virtual POS/card and the payment is not verified on the seller’s account.
Inspection for obvious and visible defects on delivery
Art. 19 (1) When delivering goods ordered by the Supplier, the User undertakes to carefully inspect them personally or through a third party authorized by him, accepting the same.
(2) In the event of external visible defects – possible damages, impacts and other damages detected upon delivery, the customer or the third party should not accept the goods, indicating in writing the reason for the non-acceptance or, if accepted – sign a damage report in the presence to the courier, in which a protocol describes the defects found and immediately, no later than 72 hours after delivery, to notify the Supplier of the problem.
(3) When the delivered goods clearly do not correspond to the ones ordered by the User, and this can be established during a simple inspection of the delivered goods, the customer has the right within 72 hours to request from the Supplier that the delivered goods be replaced with goods corresponding to the order.
(4) Notification can be made in any of the ways listed in section II of these General Terms and Conditions or through the contact form on the website.
(5) Upon notification of an obvious defect under the previous paragraphs, the Supplier will replace the damaged/non-conforming goods within 14 days at the latest under the conditions of Art. 31, except in cases where goods of the same type are not available, for which the Supplier will inform the customer in a timely manner and negotiate the terms of replacement. If a replacement is not possible, we will take action under Section IX.
Accepting the shipment
Art. 20 (1) Upon acceptance of the delivery by the User or a third party without objections, all and any subsequent claims for external visible defects of the goods received are unfounded and as such should not be satisfied. In the event that the goods are received and a damage report is not prepared and signed in the presence of the courier upon receipt of the goods and/or the customer does not immediately notify the Supplier at the phone/email/address specified on the Site within 72 hours of delivery, it is accepted , that the goods do not suffer from noticeable inconsistencies and the customer loses his right to bring the detected external visible defects in accordance with the sales contract.
(2) The above does not cancel the user’s right to file a claim under Section X, if there are grounds for this, and does not release the Supplier from its obligation to offer goods and services in accordance with the sales contract and to provide users with the rights arising from the legal warranty.
(3) In case of refusal to accept the delivery, without a valid reason for this, the user shall pay all the costs of the delivery, which include the cost of courier services and packaging.
Art. 21. When delivering the goods, the User or a third party accepting the delivery to the address specified by the customer is obliged to sign the accompanying documents. Any person who did not place the order, but accepts the goods upon delivery to the delivery address specified by the customer, is considered a third party.
VIII. SPECIFIC PROVIDER OBLIGATIONS. CONSUMER PROTECTION
Art. 22. The rules of this section VIII of these general conditions apply to Users for whom, according to the data specified for the conclusion of the purchase and sale contract or during the registration at https://bonsait.bg/, it can be concluded that are users within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 2011/83/EC of the European Parliament and of the Council of October 25, 2011.
Art. 23. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the website https://bonsait.bg/.
(2) The price of the goods including all taxes is determined by the Supplier in the profile of each good on the https://bonsait.bg/ website.
(4) The method of payment, delivery and performance of the contract is determined in these general 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 before the conclusion of the purchase and sale contract.
(6) The supplier must indicate the conditions for delivery of the individual goods on his website.
(7) The supplier indicates before concluding the contract the total value of the order for all the goods contained in it, excluding the value of the delivery, which is paid according to Art. 17.
(8) Users agree that all information required by the Consumer Protection Act can be provided through the https://bonsait.bg/ platform or e-mail.
Art. 24. The User agrees that the Supplier has the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
- RIGHT OF REFUSAL AND EXCHANGE OF PRODUCT
*This section applies only to Users, with the exception of Art. 34-36, also applicable to professional clients
Period of right of refusal and right of replacement
Art. 25 (1) Within 14 days of receiving the goods, the User has the right to refuse the order of the goods from the site, without stating a reason or motive for this and without owing penalties or other compensation to the Supplier, except for the costs of its return , and for the initial shipment of the goods.
In the event that the product and/or the packaging are damaged more than usual, the Supplier has the right pursuant to Art. 32 to deduct a corresponding amount for the reduced value of the goods from the amount subject to refund, which cannot exceed the value of the goods.
(2) When the User exercises his right of withdrawal from the distance contract or the off-premises contract, any additional contract is automatically terminated without the user being liable for any costs, compensation and/or penalties, except for the costs provided in art. 25, para. 1 of these General Terms and Conditions.
(3) The right of refusal does not apply in the cases under Art. 26;
(4) The term for refusing an order, when it contains many goods delivered on different days, is 14 days, counting from the date on which the User or a third party indicated by him came into possession (received) the last goods from the order;
(5) The period for refusing an order that consists of multiple lots or parts is 14 days, counting from the date on which the User or a third party indicated by him came into possession of the last lot or part;
(6) The deadline for canceling a subscription order, with which goods are regularly delivered for a certain period (for example, a subscription to receive a product every month) is 14 days, counting from the date on which the User or a third party indicated by him enters in possession of the first goods;
Goods and services for which the User has no right of refusal or replacement
Art. 26. The User does not have the right to withdraw from the concluded contract or to request the replacement of a product with another one, respectively, the Supplier has the right not to honor an exercised refusal of an order, in the following cases:
(1) the period for exercising the right of withdrawal has expired and the User has notified that he is withdrawing from the order after the expiry of the period;
(2) The User has not returned the goods to the Supplier within the period under Art. 30;
(3) The user has not returned the goods in the same condition as when delivered. Regarding the accessories offered on the site: Products that are damaged, those with signs of excessive use, with scratches, with marks of impact will not be accepted.
Regarding the live plants offered on the site: Products with visible signs of drying or excessive waterlogging, as well as those that have been stored in inappropriate conditions, contrary to the individual storage description of each product, will not be accepted.
- insufficient data is available to consider that the product was purchased from the Supplier (missing invoice, receipt, etc.);
(5) the right of refusal is exercised for a service which, at the request of the User, has started immediately after the order and the User has agreed that his right of refusal should lapse, and at the time of the refusal the service has been fully or partially fulfilled;
(6) The User has returned the product with a cash on delivery request – in this case the Supplier has the right to refuse acceptance of the returned product and payment of the cash on delivery, and the user should resend the goods to the Supplier without cash on delivery;
(7) the cancellation is for a good or service whose price depends on fluctuations in the financial market that cannot be controlled by the Supplier and which may occur during the period for exercising the right to cancel;
(8) in the delivery of goods made to the order of the user or according to his individual requirements, as well as in the delivery of goods that are not serially produced, are not kept in stock, but are made individually and specifically for the user;
(9) upon delivery of goods, with unequivocally provable signs that they have been damaged due to a bad faith lack of care or due to failure to follow the instructions attached to the product.
(10) for orders that are not placed online (remotely) or where the buyer is not a User;
(11) in the provision of digital content that is not delivered on a tangible medium, when the performance has begun with the express consent of the user, who has confirmed that he knows that he will thereby lose his right of withdrawal;
Art. 27 (1) Within 14 days of receiving the goods, the consumer has the right to exchange a product if the delivered goods do not meet his expectations (color, size, etc.). The consumer’s right under this paragraph does not take away his right to complain under Section X, in the event of a non-conformity.
- If the right of exchange is exercised and there are prerequisites for its respect, the Supplier undertakes to replace the product with another within 14 (fourteen) days from the date on which the User returned the relevant product to the Supplier. In the event that the seller does not have the requested product and the same is not available, he offers the user another product, and with the latter’s agreement, the exchange is made with this other product, and in case of a price difference between the two products, the parties agree on the method of additional payment/ refund of the selling price that formed the difference. In the absence of consent, the Supplier must reimburse the User the amount paid for the goods within the terms and under the conditions specified in the previous paragraphs of this provision. For purchases paid with a voucher, please familiarize yourself with Art. 28a.
Art. 28a. If you exercise the right to refuse an order containing a product paid for with a voucher under Art. 15 of the general conditions and in case the conditions of this section for respecting the refusal are present, the following conditions apply:
if the refusal is exercised within 14 days of receiving the goods, the amount that was paid by means of the voucher (the value of the voucher) is refunded to the User within the terms and in accordance with Art. 31 et seq. of this section. This provision also applies to amounts that the consumer has paid extra for the goods, if an extra payment has been required. If the user wishes, the Provider can reissue a voucher for the value paid, which can be used within 6 months of its issue, unless otherwise stated.
If the refusal is exercised in the period after the 14th day from the delivery of the goods, then the Supplier will not accept the refusal and the voucher will not be reissued, respectively the amount paid for the order will not be refunded to you.
Notification of rejection
Art. 29 (1) The notification by the User that he renounces the contract or that he wishes to replace the received product with another of the same type (in the case of User customers) should be made within the period under Art. 27, in any of the following ways:
by calling the Provider’s contact numbers;
by email to the Provider’s email address in free text;
by letter with return receipt to the address of the Supplier in free text;
by completing and sending to the Supplier a Standard Opt-Out Form in the model available below;
- The User may, but is not required to, use the Standard Form for Cancellation or Replacement as follows:
To „Design 2020“ EOOD, EIK 204850044, with registered office and management address: Pazardzhik, 39 Nikola Razhankov Street, 2nd floor, e-mail: itilef@abv.bg
Return address for orders:
City. Pazardzhik, „Nikola Razhankov“ St. No. 39, 2nd floor
STANDARD FORM FOR EXERCISE RIGHT OF WITHDRAWAL
I hereby give notice that I am withdrawing from my contract for the purchase of the following goods/services:
Article:…………………………………………/product type/article number/
Size: ………………………………………… …………/if applicable/
The goods were ordered on …………………………… /indicate the date of the order/
The goods were received on …………………../indicate the date of delivery/
The goods were ordered by………………………/three user names/
city/with…………………………………/address of the user/
E-mail and contact phone number:………………………….
I wish to refund the amount I paid for the goods and its delivery by bank transfer / by other means, with the following details:
IBAN: ……………………………………………………
At the bank: ……………………………………………
Holder:…………………………………………………….
Something else: ………………………………………… ………………………
……………….……………………………. …./Date/
………………………………………… ……………………/User Signature/
Sign only if you are submitting this form on paper.
Returning the goods
Art. 30 (1) In case of refusal to order a product from the Supplier, as well as in case of a request for a replacement, the User must return the product in its entirety and in good condition , in which the goods were when received, together with the invoice issued by the Supplier and/or receipt issued by the seller or the courier who delivered the goods to the above address. The user should not return the goods under the conditions of cash on delivery.
(2) When returning the product, the User should indicate to the postal operator or the courier company that he wants the „Inspect the goods“ service, as our department checks the condition of the goods before accepting them back and refunding the user.
(3) The return of the goods is at the expense of the User. If the User has not paid the return shipping, the Supplier deducts the shipping costs from the refundable price and refunds the difference to the User.
(4) Returned shipments with „cash on delivery“ requested by the User will not be accepted until they are re-sent without „cash on delivery“. The carrier needs processing time to verify the contents and status of the returned shipment.
Refund of amount paid
Art. 31(1) In the case of an exercised right of withdrawal and the existence of prerequisites for its respect, the Supplier undertakes to refund the price paid under the contract concluded at a distance from which the user has withdrawn within 14 days of notification of the refusal, and when the goods are returned by the consumer or courier – within the period until the date on which the latter has returned the relevant product or from the date of providing indisputable proof of the return of the product by the consumer, whichever is earlier. If the right to refuse services is exercised, the deadline for returning the sums paid by the User is 14 /fourteen/ days from the date of notifying the Provider of the refusal. Refunds are made after deducting amounts in accordance with Art. 30, if applicable. Reimbursement of amounts in case of cancellation of orders paid by voucher is made in accordance with Art. 28a of these terms and conditions.
(2) The amount subject to reimbursement under para. 1 includes the price paid by the user for the product or service without the cost of courier services for the return of the product, as well as for the initial delivery, if it was made to an address specified by the user.
(3) The amount will be reimbursed as follows, without incurring any additional costs to the User, unless the bank or the payment institution that serves him requires any fees:
Payments made by bank transfer, debit or credit card – to a bank account provided by the User or by refunding the amount to the account from which the payment was made.
Payments made by cash on delivery or in another way – to a bank account additionally provided by the User or by cash on delivery – at the user’s choice;
Withholding amounts
Art. 32 The supplier has the right to deduct from the value under Art. 31, para. 1 before its recovery respectively:
(1) an amount for the reduced value of the product if wear and/or damage to the product, such as scratches, cracked pots, worn tools or otherwise, is found after the return;
(2) the proportionate amount of what was actually provided to the User by the time he notified the Provider of the refusal, if the User has indicated that he wishes the performance of the service to begin immediately; if the customer is a merchant or professional, this clause applies without the need for express consent to start the service and only if the Provider gives him an opportunity to opt out;
(3) the cost of returning the goods back to the Supplier;
(4) the costs of the initial shipment of the product, if the customer is a professional, the same always owes payment for the initial and subsequent shipment of the product, in case the Supplier gives him the opportunity to refuse;
Art. 33 In cases where the performance of a service has begun within 14 days of the order with the prior consent of the User and in the case of the last transfer (deposit) received from the latter and the subsequent right of refusal exercised by him, the Supplier has the right to deduct from the deposit an amount, equivalent to that performed up to the time of refusal. In the absence of a down payment, the Provider reserves the right to claim payment of the amount from the User. If the customer is a merchant or professional this clause applies without the need for prior consent and only if the Provider provides him with an opportunity to opt out;
Other cases of refusal (cancellation)
*Applies to Users, but also to professional customers
Art. 34 (1) Each of the parties has the right to refuse to fulfill (cancel) the order made or its obligations under it, of which it should notify the other party in an appropriate way.
(2) If the cancellation of an order is before the Supplier’s confirmation of the possibility of execution within the meaning of Art. 10, para. 2, The Provider or the User shall not be responsible and shall not owe any compensation or penalty to the other party for the cancellation.
(3) The Supplier may unilaterally cancel an order if the User has ordered a product or service from the Site, noting that the order is intended for a third party (e.g. a gift), whose data he has indicated for the purpose of delivery. Cancellation in this case can be done if the Supplier suspects that the shipment has a threatening, abusive, mocking or other purpose contrary to good manners and morals.
Art. 35 The cancellation of an order does not entail any responsibility or subsequent obligation of any of the parties towards the other in connection with it, and accordingly none of them has the right to seek compensation from the other for its cancellation in the following cases:
(1) non-acceptance by the customer’s issuing bank of the online payment transaction;
(2) making the monetary transaction that does not result in funds being credited to the seller’s account for online payments;
(3) non-fulfillment or cancellation of an order by the seller, before there is confirmation for the same within the meaning of Art. 10, para. 2 of these General Terms and Conditions;
(4) abuse of right in making the order;
Art. 36. In the cases under Art. 35 the order is canceled automatically.
- RIGHT OF COMPLAINT
*This section applies only to Users.
Non-conformity of the goods/service with the contract.
Art. 37 Goods offered by the Supplier conform to the contract when they:
(1) of the individual requirements for compliance with the contract:
– correspond to the description, type, quantity and quality and possess functionality and other characteristics provided for in the contract;
– are suitable for the specific purpose sought by the User, for which the User has notified the Supplier at the latest at the time of concluding the sales contract and in respect of which the online store has agreed;
– are delivered with all accessories and all instructions, including the cultivation instructions provided for in the contract of sale, when applicable and when updated in a timely manner under the terms of the contract, if the update is necessary and agreed;
- of the objective compliance requirements
– are suitable for the purposes for which goods of the same type are normally used, taking into account the provisions of European Union law and Bulgarian law, as well as existing technical standards and rules of good practice;
– possess the qualities of the sample or model that the Supplier has made available to the user prior to the conclusion of the contract, and correspond to the description of that sample or model, where applicable and when such a sample is provided;
– are supplied with the relevant accessories, including the packaging and instructions for use or other instructions which the user can reasonably expect to receive, where applicable, and
– are supplied in quantity and have the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, which are usual for goods of the same type and which the consumer can reasonably expect given the nature of the goods and taking into account all public statements made by the Supplier or by other persons upstream in the transaction chain or made on behalf of such persons, including the manufacturer, contained for example in advertising or on the label.
Unfounded claims
Art. 38(1) Complaints will be rejected as unfounded where:
there is no deviation from the requirements specified in art. 37 or the deviation/discrepancy is not material;
the user had special requirements for the product or service, which he did not indicate in writing to the Supplier before the order, and the product did not meet these expectations of the user;
the discrepancy is due to the nature of the goods and their normal wear and tear over time.
the non-conformity is caused by improper operation/use/storage/of the product despite the instructions duly provided by the Supplier or the manufacturer;
When concluding the contract (order), the user knew or could not have been unaware of the discrepancy – for example, at the time of the order, the user is informed by us that the goods have certain discrepancies (for example, goods from a category on the site with revalued goods, goods with defect, unpacked goods, when it is clearly indicated on the site that the goods have been reduced due to an existing defect or a specific circumstance);
the discrepancy is visible and obvious and concerns the appearance of the goods (e.g. scratches, tears in the packaging or part of the contents of the product) and could have been ascertained during a simple inspection of the goods at the time of its acceptance (delivery) and yet the consumer did not sign damage report to the courier and or did not notify COLLECTIVE within the terms of Art. 20, para. 1 of these General Terms and Conditions;
the claim was submitted after the expiration of the terms under Art. 39;
the user has not provided the documents under Art. 45, para. 4 and either did not return the product, or returned it without the attached accessories and or components;
a repair has been carried out or an attempt has been made to carry out a repair and remedy a non-conformity by a person not authorized by the Supplier;
the complaint relates to a product that was not purchased from the Supplier (for example, you indicated that the product was purchased from us, but you sent us another product);
- In the event of an unfounded complaint, the Supplier informs the user in writing of his decision and releases himself from the responsibility to honor the complaint and bring the goods into compliance with the contract. If the User is dissatisfied with the Provider’s decision, he can submit his claim in court. He can do this without making a complaint to the Supplier or waiting for an opinion from the trader.
Filing a complaint
Art. 39 (1) When goods offered by the Supplier do not meet the requirements specified in Art. 37, the User has the right to submit a claim by asking the seller to bring the goods into conformity by repair or replacement, and the service by its repeated proper performance, and the claim should be made within the following terms:
up to 72 hours from receipt of the goods, when the non-conformity is external, visible and obvious and could have been ascertained during a certain inspection during or immediately after delivery;
The term ceases to run during the time necessary to reach an agreement between the Provider and the User to resolve the dispute.
(2) When submitting a complaint, the user indicates the subject of the complaint, his preferred method of satisfying the complaint, preferred method of contact.
(3) The filing of a complaint is not a bar to the filing of a claim.
(4) When submitting a complaint, the user must attach the documents on which the claim is based, namely: i) receipt, invoice or other document certifying the payment; ii) protocols, acts or other documents establishing the non-compliance of the goods or service with the agreed – if any; iii) other documents establishing the claim by basis and amount.
(5) In cases where the claim is made outside the premises of the Supplier, the user should provide the goods to the seller at the address specified in these General Terms and Conditions. When replacing the goods, the Supplier takes the replaced goods back from the user at his own expense.
(6) The delivery, if a courier is used, is at the expense of the Supplier, in case the complaint is accepted by the Supplier as justified.
Repair, replacement and alignment
Art. 40 (1) Bringing the goods or service into conformity with the sales contract by the Supplier is free of charge for the consumer. The user does not pay for materials and labor related to the repair or replacement of the goods and bring the service into line, and also does not suffer significant inconvenience. However, the User should make the goods available to the Supplier at the address indicated below.
(2) The complaint is submitted to the Supplier in one of the following ways at the user’s choice:
by calling the contact numbers at https://bonsait.bg/;
on site at the address: city of Pazardzhik, 39 Nikola Razhankov St., 2nd floor;
by email to the Provider’s email address in free text;
by letter with return receipt to the address of the Supplier in free text;
by completing and sending to the Supplier a Standard Complaint Form as follows:
To „Design 2020“ EOOD, with headquarters and management address: Pazardzhik, 39 „Nikola Razhankov“ street, 2nd floor, e-mail: itilef@abv.bg
Return address:
Pazardzhik, „Nikola Razhankov“ St. No. 39, 2nd floor
STANDARD FORM FOR EXERCISE RIGHT OF
COMPLAINT
I hereby notify that I have found non-compliance of the goods/services/services with the agreed upon.
Article:…………………………………………/product type/article number/
Size: ………………………………………… …………./if applicable/
The goods were ordered on …………………………… /indicate the date of the order/
The goods were received on …………………../indicate the date of delivery/
The goods were ordered by………………………/three user names/
c./c……………………………………/address of the user/
E-mail and contact phone number:………………………….
Has the item been used? – Yes/No………………./circle the correct one/
Subject of the complaint:
……………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………
Preferred method of satisfaction for goods
/circle the choice/
I prefer free repair of the goods.
I wish to exchange the product for another one.
I wish to perform the service in accordance with the contract
4 I would like a discount on the price of the product/service.
I wish to be refunded the amount paid for the product/service as follows: …………………………….. ………………………………………… ……………………………….
indicate the method of refund, and if the refund is requested by bank transfer, please indicate the bank account
I am attaching the following documents:
Receipt or invoice;
Protocols, acts or other documents establishing the non-compliance of the goods or services with the agreed;
Other documents establishing the claim by basis and amount.
(circle the desired option)
……………….……………………………. …./Date/
………………………………………… ……………………/User Signature/
Sign only if you are submitting this form on paper.
Entering the complaint. Alignment
Art. 41 (1) When a complaint is filed, the supplier shall enter it in the Complaints Register, providing the user with the number and date of the complaint, as well as information regarding which product the complaint is and which employee accepted it.
(2) Within 30 days from the presentation of the complaint, the Supplier shall decide whether it is justified or not.
(3) The User should notify the Supplier immediately, in the event that a document containing the data under para. 1.
Art. 42 (1) In case of well-founded complaints, the Supplier shall bring the goods or services into conformity with the sales contract within 30 days from the submission of the complaint and from making the goods available to the Supplier, if the complaint is for goods.
- In every case of a satisfied complaint, the Supplier shall issue to the user a copy of an act of satisfied complaint, from which the action taken on the complaint can be seen.
Price reduction or refund
Art. 43 The user has the right to a proportional price reduction or to cancel the sales contract in the following cases:
(1) If the claim is for a product and in the event that repair or replacement proves impossible or inappropriate for reasons such as the impossibility of repair given the nature of the non-conformity, the amount of repair costs, lack of product availability or other similar reason;
(2) If the claim is for a service and bringing it into compliance is impossible or inappropriate given the nature of the non-conformity and the cost of remedying it;
(3) If the Supplier refuses to bring the goods or service into conformity free of charge for the consumer within a 30-day period, it is assumed that there is a refusal if it has not brought the goods or service into conformity within a 30-day period;
(4) If, despite the actions taken by the Supplier to bring the goods or services into conformity, the goods or services again show non-conformity;
(5) The non-conformity is so serious as to justify an immediate price reduction or cancellation of the sales contract, or the seller has stated or it is clear from the circumstances that the seller will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
Art. 44 (1) The reduction in price is proportionate to the difference between the value of the goods or services received by the consumer and the value they would have had if there had been no non-conformity.
- The User does not have the right to a reduction if the Supplier has duly and in time remedied the discrepancy.
- INTELLECTUAL PROPERTY
Art. 45 All content present at https://bonsait.bg/, namely – the logo, along with the figures and text contained therein, inscriptions and images, drawings, diagrams, graphics, design, database, descriptions, methods, processes and other objects of intellectual property and copyright, the content of the General Terms and Conditions, are the property of the Provider or third parties from whom the Provider has obtained consent for reproduction and or has a contract for the use of the object of intellectual property and or copyright.
Art. 46 The Provider reserves all its rights to the intellectual property related in any way to https://bonsait.bg/.
Art. 47 Certain products displayed at https://bonsait.bg/ have their own, specific and one-of-a-kind design, owned by the Supplier, which is subject to copyright and intellectual property.
Art. 48 Visitors to https://bonsait.bg/ can use the content only for the purposes of buying and selling. The use of the content for purposes other than those set out in the General Terms and Conditions is considered a violation of the present General Terms and Conditions of https://bonsait.bg/, as well as a violation of the intellectual property owned by the Provider.
Art. 49 Every product and every service displayed and offered at https://bonsait.bg/ meets the European and national requirements concerning the specific product/service.
Art. 50 (1) Visitors to https://bonsait.bg/ may copy, share, transfer and/or use the content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of this chapter of this document and express written consent has been obtained from the Provider or the third parties, holders of copyright and other intellectual property rights, who have given their consent for the use of their works and other objects of intellectual property.
(2) The provider grants the right to owners of other sites and other persons to post links to the online store only when the reference is clear and unambiguous.
(3) It is prohibited to copy texts from https://bonsait.bg/, to place them in other websites and online stores without the written consent of the Provider or without citing the source by inserting the following text: „Source: https: //bonsait.bg/, as the link must lead to the Supplier’s online store.
XII. ADVERTISEMENT
Art. 51(1) At the moment when an individual User creates a profile (account) registration at https://bonsait.bg/ and or places an order, he has the opportunity to express his consent to receive advertising messages.
(2) Any person can consent to receive such messages by filling out the subscription form at https://bonsait.bg/, sending a message/letter to the addresses indicated on the website or by marking a specially marked consent for receiving advertising.
(3) For the provision of advertising messages to legal entities that have registered a profile at https://bonsait.bg/ and or to customers of legal entities that have ordered goods or services from https://bonsait.bg/, the Provider has no obligation to require consent to sending advertising messages.
Art. 52 (1) Opt-out of receiving advertising messages The User can express at any time using the special link found in each advertising message, by changing the settings in his account or by contacting the Provider in any other way than specified in these General Terms and Conditions and at https://bonsait.bg/.
- The refusal to receive advertising messages does not mean an automatic refusal of the given consent to enter into this contract.
XIII. POSTING A COMMENT. QUESTIONS AND ANSWERS
Art. 53 The writing of comments, questions and answers, when applicable, can be done by visitors in the comments section. Written statements may be positive or negative and must be factual and relate to the features and use of a product or service.
Art. 54 Each visitor, at the time of publishing a comment, question, answer in the specified sections, undertakes to comply with the following rules:
(1) refer only to features and/or usage of a particular product or service, avoiding information related to aspects that may change (eg price or promotional offers);
(2) to use only the Bulgarian language and write in Cyrillic; words or expressions which, although not Bulgarian, are widely used by all media in the relevant field are allowed (example: mouse, notebook, plug and play);
(3) use appropriate speech that does not contain offensive language or language that may affect the rights of a third party;
(4) to ensure that the information entered by him is realistic, correct, not misleading and in accordance with applicable laws, including respecting the rights of others – e.g. copyright, intellectual property rights, license rights or other proprietary rights, publicity rights or right of privacy.
(5) to use this service only to communicate or obtain additional details about a particular good or service from https://bonsait.bg/, without making references to other companies that promote the sale and purchase of goods/or services;
(6) not to provide or request, in any way or form, personal data (contact data, delivery address or residence, telephone numbers, e-mail addresses, first and/or last names, etc.) or other information that may result in the disclosure of such personal data;
(7) not to publish information and/or details about the URLs (links/connections) of other sites that develop the same or similar commercial activity as the Provider.
(8) not to enter comments, questions, answers that contain materials of an advertising nature;
Art. 55 When a particular person reports that a comment, question or answer has inappropriate content or that is contrary to these General Terms and Conditions, this content is carefully considered by the Provider in order for the latter to determine whether it violates the terms of use of https://bonsait .bg/. Published texts, photos or videos are removed from https://bonsait.bg/, only after verification by the Provider.
Art. 56 In the event that the Provider finds a repeated violation of these terms of use, it reserves the right to limit the possibility of the specific subject to publish comments, questions and answers, without being obliged to justify it.
XIV. LIABILITY
Art. 57 (1) The Provider and the User are responsible for any action or inaction that has caused any of the parties damages, including lost profits, according to these General Terms and Conditions and Bulgarian legislation.
- The Supplier / User is not responsible for any damages suffered by the customer, which occurred as a result of force majeure circumstances or those that are beyond the control of the party.
- PROCESSING OF PERSONAL DATA
Art. 58 (1) Pursuant to the General Data Protection Regulation (Regulation (EU) 2016/679) and Bulgarian legislation, the Provider, and more specifically „Design 2020“ EOOD, is the controller of personal data.
- „Design 2020“ EOOD adopts a Personal Data Security Policy and a Cookie Policy, which every visitor whose personal data is processed by the Provider or to whom cookies are applied should accept after becoming familiar with it.
Art. 59 The personal data of the visitor may be provided to the prosecutor’s office, the police, judicial institutions or other state bodies, on the basis and within the framework of the legal provisions and as a result of an explicit request made by them for this.
XVI. GOVERNING LAW – JURISDICTION
Art. 60(1) Disputes arising between the Provider and Legal Entities Users and Clients will be resolved by mutual agreement or if this is impossible, disputes will be resolved in accordance with Bulgarian legislation, unless the parties have agreed otherwise.
- The parties may resolve disputes arising between them out of court through the alternative dispute resolution /APC/ between consumers and merchants, which is an out-of-court conciliation proceeding on a voluntary basis. The General Conciliation Commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services. The General Conciliation Commissions are determined on a regional basis, and the General Conciliation Commission in the specific territory. The consolidated list of recognized ADR authorities of the Member States of the European Union can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show
Art. 61 Individual users can use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr, which is a single access portal that allows EU consumers and traders to settle disputes arising disputes among themselves.
XVII. CORRESPONDENCE BETWEEN THE PARTIES
Art. 62 The provider and all customers (individuals and legal entities), as well as visitors to https://bonsait.bg/, agree that the following are accepted for contact between the parties:
(1) For the seller: „Design 2020“ EOOD, EIK 204850044, with registered office and management address: city of Pazardzhik, 39 „Nikola Razhankov“ street, 2nd floor:
– by phone: +359 885886769;
– via email: itilef@abv.bg
– by letter to the address: city of Pazardzhik, „Nikola Razhankov“ street No. 39, floor 2:
– through the contact form on the Site;
(2) For the customer or visitor at https://bonsait.bg/:
– through the phone indicated by him in the order/correspondence;
– by e-mail specified by him in the order/correspondence;
– by letter to the address indicated by him in the order/correspondence as the delivery address;
Art. 63 Notifications and messages that the parties exchange with each other via electronic mail (email) are considered to be in writing and the parties give them the effect of a written document without the need to be signed with an electronic signature.
XVIII. PROTECTION OF PERSONAL DATA
Art. 64. (1) The Provider takes 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 Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The provider adopts and announces on its website a Policy for the protection of personal data.
(4) Users agree that the Provider has the right to process their personal data, necessary for the fulfillment of orders in the electronic store and the performance of the contract.
Art. 65. (1) At any moment, the Provider has the right to require the User to identify himself and certify the reliability of each of the circumstances and personal data announced during registration.
- In the event that for some reason the User has forgotten or lost their username and password, the Provider has the right to apply the announced Procedure for lost or forgotten usernames and passwords.
XIX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
Art. 66. (1) These general conditions may be amended by the Provider, of which the latter will notify all registered Users in an appropriate manner. (2) The Provider and the User agree that any addition and amendment to these general terms and conditions will be effective against the User after the Provider has expressly notified him and if the User does not state within the 30-day period granted to him 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 pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
Art. 67. The supplier publishes these general terms and conditions on its website together with all additions and amendments to them.
- TERMINATION
Art. 68. These general terms and conditions and the User’s contract with the Supplier 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-fulfilment of the obligations of the other party;
in case of objective inability of one of the parties to the contract to fulfill its obligations;
when the equipment is seized or sealed by state authorities;
in case of deletion of the User’s registration on the https://bonsait.bg/ site.
In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable;
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 the delivery of the relevant ordered goods is terminated, if the right to withdraw from the contract is applicable for the relevant category of goods.