TERMS AND CONDITIONS FOR THE USE OF AN INTERNET SHOP
Article 1. /1/ The present Terms and Conditions are set up for the purpose of regulating the relations between Svetoslav Dimitrov Zhilev, hereinafter referred to as the VENDOR and the end customers of the Internet shop, hereinafter referred to as the “INTERNET SHOP”.
/2/ The personal information on the VENDOR is:
Svetoslav Dimitrov Zhilev,
E mail: firstname.lastname@example.org
Mobile: +359 887 773 627
Article 2. The present Terms and Conditions are binding for all users and by pressing the Checkout button, the USER fully agrees with and accepts to comply with their provisions.
Article 3. The identification of the USER for the purpose of reproducing his/her will not only when accepting these Terms and Conditions but also relating to the contents of his/her purchase is performed by storing the respective data in doc files on the server containing the IP address of the USER and all other relevant information.
Article 4. The items offered on the website of the INTERNET SHOP /the site’s name/ are not a legally binding sale offer, but a demonstrative electronic catalog presenting the product line offered by the VENDOR.
Article 5. By clicking the button “Checkout”, the USER acknowledges his/her readiness to purchase the goods located in GAIDAPLAYER.COM and this action will automatically become legally binding. The USER will receive a confirmation of the placed order by which the contract of purchase and sale will be considered concluded.
Article 6. The VENDOR reserves the right to refuse delivery of a confirmed order if and when the ordered goods are not accessible. In the case of insufficient goods in stock, within the same working week the VENDOR will notify the USER of the non-availability of the ordered item by sending a message to his/her e-mail address or telephone number. If the case of an already effected payment transfer to the account of the VENDOR, the USER will be invited to make a choice between refunding the transferred sum, cancellation of the order or its replacement.
SPECIFIC FEATURES OF INTERNET SHOP
Article 7. The INTERNET SHOP is accessible at GAIDAPLAYER.COM
where the USER will have the opportunity to conclude contracts for the purchase and delivery of goods, offered by the INTERNET SHOP, and where he/she will be able:
- To register him/herself and create a profile giving the opportunity to view the contents of the INTERNET SHOP and to use the available additional information services;
- To make electronically registered statements in connection with the conclusion or execution of contracts with the INTERNET SHOP via the interface on the respective site on the Internet;
- To conclude contracts for the purchase/sale and delivery of the goods offered by the INTERNET SHOP;
- To effect all kinds of payments in connection with the concluded contracts with the INTERNET SHOP in conformity to the terms of payment announced by the INTERNET SHOP;
- To receive information on all new products offered by the INTERNET SHOP;
- To view the products, their specific features, prices and terms of delivery;
- To be informed of the rights ensuing from the currently acting Bulgarian legislation primarily via the interface of the INTERNET SHOP on the Internet.
Article 8. The VENDOR will deliver the purchased goods and will guarantee the rights of the USER provisioned by the Bulgarian legislation based on the conscientiousness and accepted goods practices in the application of the criteria, the terms and conditions of the consumer and trade-related laws.
Article 9. /1/ The USER concludes the contract for the purchase and sale of the goods offered by the INTERNET SHOP via the VENDOR’s interface, accessible on its website at GAIDAPLAYER.COM or via other means of remote communication.
/2/ Conforming to the provisions of the contract concluded with the USER for the purchase and sale of the goods, the VENDOR undertakes to deliver and transfer the ownership and right of use of intellectual property items, primarily copyright and similar objects owned by the USER and specified through the VENDOR’s interface.
/3/ The USER will effect the due payment to the VENDOR for the delivered goods as per the terms and conditions set in the INTERNET SHOP and the present general Terms and Conditions. The sum of the payment will be equivalent to the price, announced by the VENDOR at the internet’s address of the INTERNET SHOP.
/4/ The VENDOR will deliver the goods ordered by the USER as per the Terms and Conditions set by the VENDOR on the site of the INTERNET SHOP and the present general Terms and Conditions.
/5/ The price for the delivery is determined in separate and will be calculated on the basis of the cost of purchased goods.
Art. 10 /1/ The USER and the VENDOR agree that all statements made by them in connection with the conclusion and realization of the contract of purchase and sale may be made via electronic channels and electronic statements within the meaning of the Electronic Documents and Electronic Signatures Act and Art. 11 of the Law of Electronic Commerce.
/2/ It will be assumed that all electronic statements made by the USER on the site are made by the person indicated in the data provided by the USER during his/her registration after entering the respective name and password.
Art. 11. The language in which the contract of purchase and sale of goods offered by the INTERNET SHOP is concluded between USER and the VENDOR is the Bulgarian language and all payments will be made in Bulgarian Levs (BGN). When selling to users from other countries other languages and currencies may be accepted.
USING THE INTERNET SHOP
Art.12. /1/ In order to acquire remote access to the services of the INTERNET SHOP for the concluding contracts for the purchase and sale of goods the USER must enter his/her name and password in all cases when a special registration is required.
/2/ The name and password for remote access are selected by the USER via an electronic registration on the website of the VENDOR.
/3/ By clicking the “Yes, I accept” and “Registration” buttons, the USER declares to have become familiar with the present general Terms and Conditions, accepts their content and undertakes to comply with them unconditionally.
/4/ The VENDOR will confirm the registration made by the USER by sending a letter to the electronic address, given by the latter, together with a note that the registration has been activated. On his/her part, the USER will confirm the registration and the conclusion of the contract via an electronic link in the message, sent by the VENDOR, confirming the registration. Following this conformation, an account will be set up to the name of the USER thus bringing the contractual relations between the USER and the VENDOR into effect.
/5/ In the course of the registration the USER is obliged to present accurate and valid data. In the event of any changes, the USER will promptly update the data referred to in the initial registration.
/6/ When the registration of the USER includes a profile in any social or other network on the web, the party to the contract will be the holder of the account used for the registration of that profile. In this case the VENDOR will be entitled to access the data necessary for identifying the USER in the respective social or other network.
Art. 13. /1/ Within the meaning of these Terms and Conditions the e-mail address, provided during the initial registration of the USER as well as any subsequently registered e-mail addresses used for exchanging messages between the USER and the VENDOR, will be accepted as the “main e-mail address for contacts”. The USER will have the right to change his/her main e-mail address.
/2/ Upon receiving notice of a change in the main e-mail address of the USER, the VENDOR will send a request for confirmation of the effected change. The request for this confirmation will be sent by the VENDOR to the new e-mail address given by USER.
/3/ The change of the main e-mail address will be effected after a confirmation given by the USER through a link in the request for conformation sent by the VENDOR to the main e-mail address of the USER.
/4/ The VENDOR will inform the USER of the effected change with an e-mail sent to the USER’s main e-mail address used prior to the change described in paragraph 2 above.
/5/ The VENDOR shall not be liable to the USER for any incorrect change in the main e-mail address.
/6/ In some specific cases the VENDOR may require of the USER to use a main e-mail address.
OBLIGATIONS OF THE VENDOR
Art. 14. /1/ The VENDOR offers goods, the specifications of which are defined in the profile of each product on the website of the INTERNET SHOP.
/2/ The price of the goods, including of all due taxes, is published by the VENDOR in the profile of each product on the site of the INTERNET SHOP.
/3/ The sum of the postal and transport expenses, which are not included in the price of goods, is determined by the VENDOR and the USER will be informed of the due payment prior to the conclusion of the contract in one of the following ways:
- Inthe profile ofeachof the products offered on the VENDOR’s siteofINTERNETSHOP;
- When selecting from the catalog of goods for the conclusion of the contract of sale.
/4/ The terms of payment, delivery and execution of the contract are determined in the present Terms and Conditions as well as via the information provided to the USER on the website of VENDOR.
/5/ The information provided to the USER will up to date when visualized on the site of the VENDOR’s INTERNET SHOP prior to the conclusion of the contract.
/6/ The VENDOR is obligated to describe the terms and conditions for the delivery of the various goods on the site of the INTERNET SHOP.
/7/ Prior to concluding the contract of purchase and sale the VENDOR will indicate the total price of the order for all purchased products.
Article 15 /1/ The USER agrees that the VENDOR is entitled to an advance payment for the contracted sale of the goods and their delivery to the USER.
/2/ The USER will choose whether to pay to the VENDOR for the delivery of the goods prior to or at the time of the delivery.
Article 16. The VENDOR is under no obligation and does not have the means to control the manner in which the USER utilizes the rendered services.
Article 17. The VENDOR has the right, but not the obligation, to keep materials and information stored in the server of the site of the INTERNET SHOP.
Article 18. At any point in time and without prior notice to the USER the VENDOR will have the right, at its own discretion, to interrupt, terminate or modify the form of the services provided in connection with the use of the INTERNET SHOP. The VENDOR is not liable to the USER, or any third parties, for damages and lost opportunities incurred as a result of the interruption, termination, modification or restriction of the services as well as the deletion, modification, loss, corruption, inaccuracy or incompleteness of the messages, materials or information transmitted, used, recorded or made accessible through the website of the INTERNET SHOP.
Article 19. After receiving payment the VENDOR will be obligated to transfer to the USER the ownership of the purchased goods, to deliver them within the contracted terms, to inspect the technical condition of each unit before its dispatch /given the possibility to do so without compromising the integrity of the packaging/.
Art. 20. /1/ The VENDOR will bear no responsibility for damages inflicted to the software, hardware or telecommunications equipment as well as for any loss of data resulting from materials or resources searched for, uploaded or used in any way with the help of the provided services.
/2/ All of the advice, consultations or assistance given by the specialists and employees of the VENDOR in connection with the utilization of the services rendered to the USER will not serve as grounds for undertaking any responsibility or obligations on the part of the VENDOR.
/3/ The VENDOR will not be liable for any false or incorrect information given by the manufacturers of the goods subject matter of the present Terms and Conditions.
Article 21. /1/ The VENDOR will have the right to collect and use the information relating to the USER whether he/she is registered or not.
/2/ The information, mentioned in the preceding paragraph, can be used by the VENDOR except in the event of an express disagreement declared by the USER and sent to the following e-mail address email@example.com .
/3/ The VENDOR collects and uses all of the information relating to the USER with the purpose of improving the offered services. This activity will conform to the provisions of the currently acting Bulgarian legislation, the applicable international laws, the regulations of the European Union and the good business practices.
Article 22. The VENDOR will bear no responsibility for the failure to meet its obligations as per the contract concluded with the USER for the purchase and sale of goods on the basis of the present General Terms and Conditions in the event of circumstances “force majeure”, business-intolerance and in circumstances which could not have been foreseen and the VENDOR is under no obligated to predict, including accidental occurrences, global Internet-related problems and in providing the services outside of the control of the VENDOR.
Article 23. The VENDOR will be entitled to install cookies on the USER’s computers. Cookies are incoming text files stored from the website on the hard drive of the USER allowing the recovery of certain information needed by the USER by identifying the USER and realizing a follow-up of his/her actions, the visited Internet, the used hyper-links as well as the information he/she has used, recorded, etc.
OBLIGATIONS OF THE USER
Article 24. Through the interface on the VENDOR the USER will conclude the contracts for the purchase of goods, offered by the latter, in the INTERNET SHOP.
Article 25. The USER is a party to the contract for the purchase of goods sold by the VENDOR according to the data provided in the registration process and contained in the personal profile of the USER. For the avoidance of any doubt this is the data on the basis of which the account is registered by the VENDOR.
Article 26. For the purpose of concluding the contract for the purchase and sale of goods, as per the present Terms and Conditions, the USER will be is obliged to:
- Register in the INTERNET SHOP and provide the necessary data, if he/she has not registered earlier.
- Logging into the system for placing an order to the INTERNETSHOPthrough anidentification with aname and a password.
- Selecting oneor more of thegoods offered in the INTERNETSHOP and adding them tothe list ofgoods to be purchased.
- Providing data for the method of delivery.
- Selection of the method and time of payment for the purchased goods.
- Conformation of the purchase order.
Article 27. The USER has the right to be informed of the status of the placed order.
Article 28. The USER assumes full responsibility for the protection of his/her own user name and password, as well as for all acts performed thereby or by any third party having access to the username and password, and whenever there is a risk of such use.
Article 29. The USER is obliged to pay the price for the delivery of the ordered goods according to method of payment announced on the website of the INTERNET SHOP.
Article 30. Irrespective of whether the USER is a VENDOR’s customer when utilizing the services he/she must:
- Not violate but respect the fundamental human rightsand freedomsas per the Constitution and the lawsof the Republic ofBulgaria, theinternational andEuropean law;
- Not undermine the reputation of others and demand the forceful change of the established legal order, encourage the perpetration of crimes, violence or the incitement of racial, national, ethnic or religious hatred;
- Not infringe anybody’s property or non-property absolute or relative rights and interests such as property rights, rights over intellectual property, etc .;
- Comply with the currently acting Bulgarian laws, the laws and regulations of other countries, with the international and European Union laws, the moral norms and adopted ethics when using the services provided by the VENDOR;
- Immediately notify the VENDOR of any violations perpetrated in the process of utilizing the rendered services;
- Not upload, send, transmit, distribute or use in any way and disclose to any third-party any 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, violate or restrict the normal functioning of the computer software, hardware or telecommunications equipment or means which are aimed at the unauthorized access to foreign resources or software;
- Not perform malicious acts;
- Compensate the VENDOR and any third parties for all inflicted damages and lost profits, including for all costs and legal fees paid as a consequence of claims submitted by and/or compensations paid to third parties in connection with Websites, hyperlinks, materials or information obtained by the USER and placed on the server or sent, disseminated, made available to third parties or made available through the site of the INTERNET SHOP in violation of applicable law, the present Terms and Conditions, the accepted moral norms and Internet ethics.
Article 31. The USER undertakes the obligation to indicate an accurate and valid telephone number, shipping address and e-mail as well as to pay for the ordered goods and for their delivery if, and when, the latter is provided against charge and to grant access and the necessary conditions for receiving the goods. If the delivery is not explicitly announced as free of charge, it will be considered payable.
PROTECTION OF PERSONAL INFORMATION
Article 32. The VENDOR will take all necessary measures for the protection of the personal information the USER as per the provisions of the Protection of Personal Information Act.
Article 33. /1/ The VENDOR will guarantee to the USER that any and all personal information obtained from the latter will remain confidential.
/2/ The personal information and data given by the USER will not be used, disclosed or brought to the attention of any third parties in any way other than the way set in the present Terms and Conditions.
/3/ The VENDOR will protect the personal information given by the USER when filling in the electronic form for placing an order for the purchase of goods which protection shall become void in the event that the USER has submitted false data.
/4/ The VENDOR may use the personal information on the USER only and singularly for the purposes specified in the contract for the purchase and sale of goods in accordance with the Bulgarian law and the present Terms and Conditions. Using this personal data for other purposes will conform to the provisions of the Bulgarian laws, the relevant international judicial instruments, the regulations of the European Union, the moral norms and Internet ethics.
Article 34. Contractor shall not disclose any personal information on the USER to any third parties – state authorities, companies, non-profit organizations, natural persons and others – except in the event of receiving the written consent of the USER and when the information is required by the organs of the state as per the provisions of the Bulgarian law, which are entitled to demand and collect such information which the VENDOR is legally obligated to submit.
Article 35. /1/ At any point in time the VENDOR will have the right to require of the USER to identify him/herself and to certify the veracity of any circumstances and personal data submitted during the process of registration.
/2/ In the event that for whatever reason the USER has forgotten or lost his/her username and password, the VENDOR will be entitled to applying the “Procedure for lost or forgotten user names and passwords,” accessible at www.gaidaplayer.com
AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Article 36. The general Terms and Conditions may be amended by the VENDOR at any time. The VENDOR will also have the right to change the specifications and features of the offered services and goods as well as the present general Terms and Conditions in the event of changes in the currently acting legislation.
Article 37. The VENDOR shall notify the registered USERS of the INTERNET SHOP of the changes in the general Terms and Conditions via the publication of a special notice prominently situated on the internet site for a sufficient period of time so that all users will become familiar with its contents.
Article 38. In the event that within the period, mentioned in the preceding paragraph, the USER does not explicitly indicate his/her refusal to accept the effected changes they will be considered accepted. In the event that the USER sends a notice declaring his/her non-acceptance of the changes, the VENDOR will have the right to suspend or terminate the services rendered and the sale of the goods to the USER.
Article 39. The USER agrees that all notices from the VENDOR, connected with the amendments to the present Terms and Conditions, will be sent to the electronic mail address indicated by the USER at the time of registration. The USER also agrees that the e-mails in question may not be signed with a digital signature in order to be valid and effective.
TERMINATION OF THE GENERAL TERMS AND CONDITIONS
Article 40. The present general Terms and Conditions and the Contract for the purchase and sale of goods concluded between the USER and the VENDOR will be terminated in the following cases:
- Upon terminationor the declaration of insolvencyof anyone ofthe parties;
- By the mutualconsentof the parties expressedin writing;
- Unilaterally with a written notice sent by any of the parties to the contract in the event of default of the other party;
- In the event of anobjectiveinability of a party to the contractto performits contractual obligations;
- In the event of confiscation of equipment or a distraint enforced by the organs of the state;
- In the event of cancellation of the USER’s registration in the website of the INTERNET SHOP in which case the concluded, but outstanding purchase contracts, will remain valid and subject to execution;
- When exercising theright of withdrawal from the contract as per the provisions of Article 55of the Law onconsumer protection.
Article 41. In the event that a regulation in the present Terms and Conditions is found to be invalid this will not invalidate the entire contract for the purchase and sale of goods between the VENDOR and the USER.
Article 42. All issues unsettled or settled partially between the parties in connection with the execution of the present contract for the purchase and sale of goods between the VENDOR and the USER will be resolved with the application of the respective Bulgarian laws.
Article 43. Any and all disputes between the parties to this contract shall be settled in the spirit of understanding and goodwill. In the event of a failure to resolve the dispute, including disputes arising from or related to the interpretation, validity, performance or termination of the contract, as well as disputes on the method of correcting, amending or supplementing its provisions or its adaptation to newly arising circumstances will be resolved by the competent court of law as per the Civil Procedures Code of the Republic of Bulgaria.
Article 44. The meaning of some of the terms used in these Terms and Conditions is:
- A “USER” is any person who has uploaded the website of the INTERNET SHOP on his/her computer.
- An “ORDER” is an instruction for the purchase of selected items containing all other required instructions, given by the USER, regarding the terms ofdelivery and payment for the orderedgoods.
- The INTERNET SHOP is accessible on the website www.gaidaplayer.com and is owned by the VENDOR
Article 45. The present Terms and Conditions shall enter into force for all registered USERS on gaidaplayer.com