GENERAL TERMS AND CONDITIONS for the purchase and sale of goods through an e-commerce website
 

General conditions of the contracts for purchase – sale at a distance within the meaning of the Consumer Protection Act between KAMAK EOOD, registration in Sofia, UIC 831464647, with registered office and address of management Sofia, 4 Cherni Vrah Blvd. below for brevity SUPPLIER, on the one hand,
and
on the other hand – the person who has agreed to these General Terms and Conditions, hereinafter referred to as USER, in connection with the ordering and purchase of the goods offered through the online store www.kamakbg.com/

Article 1. The Provider provides the User with the opportunity, in compliance with these General Terms and Conditions, to purchase the goods offered in the e-shop „Kamak“ EOOD.
Art.2. The provider publishes at www.kamakbg.com/

• description of the main characteristics and image of each product, according to the information provided by the manufacturer; – the selling price, including VAT, as well as a tariff for the value of postage, courier or transport costs, not included in the price of the goods related to their delivery; – information on the methods of payment, delivery and performance of the contract; – the right of the User and the conditions and the manner of its exercise to withdraw from the contract and the conditions under which the goods may be returned, except for the cases under the Consumer Protection Act; – the period for which the offer and price remain in force; – the minimum duration of the contract – in the case of contracts for permanent or periodic supply of goods or services; – any other information that the supplier is obliged under Bulgarian law to provide in a timely manner to the User before purchasing the goods from the User.

Art.3. The contract with the Provider for distance selling is concluded after a valid application submitted by the User. An application received and confirmed by the Provider shall be considered a validly submitted application, in the sense of these General Terms and Conditions.
Art. 4. In order to obtain the right to make valid orders for the purchase of the goods offered at www.kamakbg.com/, the User must fill in the electronic registration form located on the Internet address – www.kamakbg.com/. When filling in the electronic registration form, the User is obliged to provide the required and correct data, as well as to update them within seven days of their change. The user guarantees that the data provided during the registration process are correct, complete and accurate and will change them in a timely manner if the latter changes. In case the User provides incorrect data or changes in the term under the previous paragraph are not reflected, the Provider has the right to stop immediately and without notice the maintenance and access of the User to his account. Before making the statement, the User is free to correct the information entered by him in the registration form.
Art.5. By the act of registration or by sending a request through the e-shop, the User expresses „online“ consent to these General Terms and Conditions, which is considered bound by their clauses. From the moment of binding the User with the provisions of these General Terms and Conditions, the possibility arises for the same to make valid orders for the purchase of goods offered through www.kamakbg.com.

Art.6. The user gets access to the form for submitting orders for the purchase of the offered goods after entering a valid username and password at the relevant places on the website and pressing the virtual button „LOGIN“. The submission and execution of an order is carried out by successively performing the following actions: determining the type and size of the goods and confirming the type and size of the goods by pressing the virtual button „Add to cart“, marked against the product, followed by determining the quantity of the goods and the method of payment and confirmation of the order by pressing the virtual button „Order“, indicated immediately below the virtual buttons for the quantity of the goods and the method of payment. to the e-mail address specified during registration. A representative of the store takes action to contact the User in order to specify the time of delivery of the ordered goods. In case of incomplete, incorrect or wrong address and / or telephone number when submitting the application, it is considered invalid and the Provider is not obliged to fulfill it. The order binds the Provider from the moment of confirmation of the validity of the order by the contacted Representative of Kamak e-shop and User, who submitted and executed the specific order, preceded by confirmation by the e-shop representative of the availability of the ordered goods.
Art.7. All prices are in Bulgarian levs, VAT included. The indicated prices of the individual goods are for the respective number and do not include the delivery costs. When making valid orders for a certain number of goods and paying the price of the ordered goods, which number is specified by agreement between a representative of the e-shop and the User who submitted and executed the specific orders, the cost of delivery of goods remains at the expense of the User.

Art.8. The price under the previous article and the delivery costs can be paid in any of the following ways: cash on delivery, bank transfer or otherwise agreed between the User and a Representative of the e-shop www.kamakbg.com/, as the User undertakes to pay the sale price. of the goods purchased by him, as well as the postage, courier or transport costs, not included in this price, related to its delivery.

Art.9. The goods ordered for purchase are delivered with appropriate according to its type packaging and transport to the address specified by the User for delivery within a sufficient period according to the circumstances, agreed between a Representative of the e-shop „Kamak“ and the User.
Art.10. The goods are delivered to the delivery address of the User or to a third party – a representative of the User, who accepts and confirms the receipt of the same on behalf of the User. Upon delivery of the goods, the User or the third party – a representative of the User sign the accompanying documents, serving as confirmation of delivery of the goods.

Art.11. The Supplier undertakes: to transfer to the User the actual power of the purchased goods after receipt by the Supplier or his representative of the purchase price of the specific goods; to deliver in time the goods ordered for purchase; to take due care to perform its duties.
Art.12. The supplier has the right to:

• place electronic links to other websites and resources for the sale of goods and provision of services by third parties, including electronic links pointing to other websites and in the user profile;
• to send to the User a newsletter, for the receipt of which the User has subscribed;
• collect and use information about its users when they register, which may include name, surname, surname, address, occupation, gender, age group, telephone, e-mail address for correspondence and any other information provided by registration and any other that is entered or provided when ordering, receiving or using the services provided by the provider, participating in promotions, raffles and competitions, filling out questionnaires, questionnaires, forms, etc., and the Provider will use it in compliance with Personal Data Protection Act.
  

Art.13. The supplier:

• takes care that the information in the store is always kept true and up-to-date, but does not guarantee its reliability and completeness;
• is not responsible for not providing access to the store, as well as for not processing or not timely processing of purchase orders, in the event of circumstances beyond its control – cases of force majeure, accidental events, problems in the global Internet;
• does not guarantee that access to the store will be uninterrupted, timely, secure and free from errors, as far as it is beyond its capabilities, control and will;
• insofar as it does not have the ability to change, control or otherwise affect the quality and suitability for use of the goods ordered by the User is not responsible for their compliance with applicable regulatory requirements and their qualities;
• is not liable for damage caused to software, hardware or telecommunications equipment, or for loss of data resulting from materials or resources sought, downloaded or used in any way through it;
• insofar as it does not have the objective possibility and obligation and does not control the Internet pages and resources that have become accessible through the electronic links placed in the store and in the user profile;
• is not responsible for the illegal nature of the content and materials located on these websites and resources;
• is not liable for damages and lost profits resulting from the use, access or inaccuracy of these materials and content;
• does not have the obligation and the objective ability to control the way the User uses the store.

Art.14. The user undertakes:

• to indicate exact and valid telephone number, delivery address and e-mail address for correspondence;
• to pay the price of the goods ordered by him;
• to pay the delivery costs, except in cases where the delivery costs remain at the expense of the Supplier;
• to receive the goods;
• take all care and take the necessary measures, which are reasonably necessary, in order to protect your password;
• not to disclose to third parties his password and the answer to the secret question and to notify the Provider immediately in case of illegal access to his user profile, as well as in case of probability of such;
• in view of the specifics of the Internet protocols and the security in the protection of the password data, to terminate the session in which he has logged in to his user profile by pressing the virtual button „exit“;
• not to submit fictitious or invalid applications or other false information. The user is fully responsible for the protection of his password, as well as for all actions performed by him or by a third party through its use.
  Art.15. The user has the right to:
• online access to the Provider, in compliance with the conditions and requirements for access, except in the event of circumstances beyond the control of the Provider – cases of force majeure, accidental events, problems in the global Internet;
• online access and correction of your personal data;
• to withdraw from the contract and return the delivered goods within 10 (ten) days from the date of receipt of the goods by the User, in compliance with legal requirements / Law on Obligations and Contracts, Consumer Protection Act /. The conditions for returning the goods are published by the Supplier at www.kamakbg.com/;
• to receive in full the amounts paid by him, in cases of undue payment;

Art.16. The user undertakes:

• to observe the terms and conditions for filing complaints and making requests for replacement of ordered goods, terms and conditions published on the e-commerce website www.kamakbg.com/ehop and declares that it is considered bound by these terms and conditions
• to observe the Bulgarian legislation, the present General Terms and Conditions, the Internet ethics, the rules of morals and good manners;
• not to infringe another’s property or non-property rights, including intellectual property rights;
• to immediately notify the Provider of any case of committed or discovered violation when using the store;
• not to interfere with the proper functioning of the system, including, but not limited to, not to frustrate the identification procedure of another user, not to provide access beyond its provision, not to prevent other users from using the store;
• not to extract by technical means or in a technical way information resources or parts of information resources belonging to the databases located in the store and thus not to create its own database in electronic or other form;
• not to impersonate another person or a representative of a legal entity or a group of people whom he is not authorized to represent, or in any other way to mislead third parties about his identity or belonging to a certain group of persons;
• not to commit malicious acts within the meaning of these General Terms and Conditions.
  In case of non-compliance with the obligations, the Provider has the right to immediately and without prior notice to suspend the access of the User and third parties to his user profile, as well as the right to compensation for all damages and lost profits, which are a direct and immediate consequence. paragraph by the User. In these cases, the Provider has the right to refer to the competent state authorities to establish the relevant violation.

Art.17. In case of non-fulfillment by the User of any of his obligations described in these general terms and conditions, the Provider may take action to deactivate the user profile and delete the password to access it.
Art.18. The user can at any time request the deletion of his account. In this case, the deletion is made only after the execution of all validly submitted orders and the respective payment of the due price and delivery costs.
Art.19. The registration is terminated and the User’s profile is deleted in case of any of the following circumstances: termination of the activity by the Provider; termination of the maintenance of the store; by giving one week’s notice to the other party, in case of non-fulfillment of its obligations under the contract or in other cases provided by law.
Article 20 The User is obliged to indemnify the Provider and all third parties for all damages and lost profits, including any costs and paid attorney’s fees, paid compensation, office expenses incurred as a result of claims by third parties in connection with the failure of the User under this contract, violation of Bulgarian law, applicable foreign laws, these Terms and Conditions, good manners and / or Internet ethics. The User is obliged to indemnify the Provider for all damages caused by third parties to whom he has provided his password when using the same.
Art.21. The parties declare that in case of invalidity of certain parts of these General Terms and Conditions, this will not invalidate these General Terms and Conditions, and the individual invalid clauses will be considered replaced by law by mandatory rules of law.

Art.22. All disputes between the parties shall be settled in a spirit of understanding and good will. In the event that no agreement is reached, all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes to fill in gaps in the contract or its adaptation to new circumstances will be allowed in court by the competent court in the city of Sofia.
Art.23. The written form is considered complied with by sending an e-mail, pressing an electronic button on a page with content to be filled in by the User or marking in a field on the website of the Provider and the like, as long as the statement is technically recorded in a way that allows be played.
For the purposes of these General Terms and Conditions, the following terms and expressions used in these General Terms and Conditions have the following meaning:
„Website“ is a dedicated place on the global Internet, accessible through its unified address (URL) via HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
„Website“ is an integral and separate part of a website.
www.kamakbg.com/ is an e-commerce website – for the sale of goods at a distance, which are delivered after their explicit request by the User.

„User“ is a natural person who has reached the age of 18 or a legal entity that is registered in the Republic of Bulgaria and has agreed to these General Terms and Conditions.
„User profile“ is a separate part of the site, containing information about the User, provided by him during his registration and stored by www.kamakbg.com/, and access to the user profile is carried out by entering a username and password. The User Profile allows the User to view and edit the data entered during registration, entries in the address book, to have access to information about all their requests to purchase goods from the e-commerce store www.kamakbg.com/ to change their password for access, to subscribe, respectively to unsubscribe, to receive a newsletter, etc.
„Username“ is a unique code of letters and / or numbers (his current e-mail address) chosen by the User, by means of which he is individualized in www.kamakbg.com/
„Password“ is a set of symbols chosen by the User, which together with the username individualizes the same and gives him the opportunity to make valid requests for the purchase of goods and services offered at www.kamakbg.com/.
„Bulletin“ is a regularly distributed publication on topics that may be of interest to the subscriber to receive the publication.

„Packaging“ are containers and any other devices or materials that are suitable to perform the function of containing and storing various goods offered directly to the User.
„Sale price“ is the final price per unit or for a certain quantity of goods or services, including value added tax and all additional taxes and fees.
„Accidental event“ is an unforeseen circumstance of extraordinary nature at the time of concluding the contract, which makes its implementation objectively impossible.
„Electronic link“ is a link marked on a specific website, which allows automated redirection to another website, information resource or object through standardized protocols.

„Information system / System“ is any individual device or set of interconnected or similar devices, which in the execution of a particular program provides, or one of the elements of which provides, automatic data processing.
„IP address“ („IP address“) is a unique identification number that associates a computer, website or resource of the User, in a way that allows their localization in the global Internet network.
„Commercial communications“ are advertising or other communications representing, directly or indirectly, the goods, services or reputation of a person engaged in a commercial or craft activity or pursuing a regulated profession.
„Malicious actions“ are actions or omissions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, sending unsolicited mail (unsolicited commercial messages, spam, junk mail), overflow of channels (flood), gaining access to resources with foreign rights and passwords, use of deficiencies in the systems for their own benefit or obtaining information (hack), performing actions that may qualify as industrial espionage or sabotage, damage or destruction of systems or information files (crack ), sending „Trojan horses“ or causing the installation of viruses or remote control systems, disrupting the normal operation of other Internet users and associated networks, performing any actions that may qualify as a crime or administrative violation under Bulgarian legislation or other applicable law.
The General Terms and Conditions may be changed unilaterally by the Provider, who after making the changes is obliged to notify the User by sending an e-mail and / or publishing a notice in a prominent place on the website. The changes in the General Terms and Conditions do not affect the relations between the User and the Provider, which arose with a valid application for purchase of goods submitted before the notification.
The provisions of the current legislation in the Republic of Bulgaria shall apply to the unsettled issues.