GENERAL TERMS AND CONDITIONS OF ONLINE STORE incense.cloudcart.net
Art. 1. These general conditions are intended to regulate the relations between "CloudCart" AD, EIK 206004146, with registered office and management address: Sofia 1618 zh.k. Manastirski livadi, Blvd. "Todor Kableshkov" No. 55A , hereinafter referred to as SUPPLIER , and the customers, hereinafter referred to as USERS , of the Incense Worldwide e-commerce platform, hereinafter referred to as "incensebg.com" .
II. PROVIDER DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
(1) Commission for the Protection of Personal Data
Address: Sofia, "Prof. Tsvetan Lazarov" No. 2,
phone: (02) 940 20 46
fax: (02) 940 36 40
Email: [email protected], [email protected]
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. FEATURES OF THE PLATFORM
Art. 3. incense is an e-commerce platform, available at the Internet address incense.cloudcart.net, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:
Art. 4. The supplier on the incense.cloudcart.net platform organizes the delivery of 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 with the Supplier on the incense.cloudcart.net platform, at the address incense.cloudcart.net The contract is concluded in Bulgarian and is stored in the database of the Supplier on the platform.
(2) Pursuant to the contract concluded with the Users for the purchase and sale of goods, the Supplier on the incense.cloudcart.net platform undertakes to organize the delivery and transfer of ownership to the User of the goods specified by him through the interface on the platform. Users have the right to correct errors when entering information no later than sending the statement on concluding the contract to the Provider on the incense.cloudcart.net platform
(3) Users shall pay the Supplier of the incense.cloudcart.net platform remuneration for the delivered goods in accordance with the conditions set out in the incense.cloudcart.net platform and these general terms and conditions. The reward is equal to the price announced on the incense.cloudcart.net platform
Art. 6. (1) The User and the Supplier on the incense.cloudcart.net platform agree that all statements between them in connection with the conclusion and execution of the sales contract can be made electronically and through electronic statements within the meaning of the Law for the electronic document and the electronic signature and art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
Art. 7. (1) In order to use incense.cloudcart.net to conclude contracts for the purchase and sale of goods, the User should enter a name and password of his choice for remote access or identify himself through his Facebook or Google account, with which is deemed to have accepted these terms and conditions.
(2) The name and password for remote access are determined by the User, by performing an online registration on the Provider's site on the incense.cloudcart.net platform, in accordance with the procedure specified therein. Users have the opportunity to place orders for the delivery of goods and a profile from the social networks Facebook and Google.
(3) By filling in his data in the user basket and pressing the "Order" button, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to abide by them unconditionally.
(4) The Supplier confirms the order made by the User by e-mail. An account of the User is created and contractual relations arise between him and the Provider.
(5) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The user undertakes to promptly update the data specified in his registration or order in the event of a change.
Art. 8. (1) Users primarily use the interface of the Supplier's page on the incense.cloudcart.net platform to enter into contracts for the purchase and sale of the goods offered by the suppliers on the incense.cloudcart.net platform.
(2) In cases of ordering goods without registration by the User, the latter accepts these general conditions at the time of delivery. It is considered that the User has accepted these general conditions by accepting the delivery of the goods.
Art. 9. Users conclude the contract for the purchase and sale of the goods on the incense.cloudcart.net platform according to the following procedure:
(1) Login to the system for placing orders on the incense.cloudcart.net platform
(2) Selecting one or more of the goods offered by the Supplier on the incense.cloudcart.net platform and adding them to a list of goods for purchase.
(3) Provision of the necessary data for the identification of the User as a party to the contract.
(4) Provision of delivery data;
(5) Choice of method and moment of payment of the price.
(6) Order Confirmation;
Art. 10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods for purchase.
(2) The supplier may organize together and simultaneously the delivery of the goods ordered with the separate sales contracts.
(3) The rights of the Users in relation to the delivered goods are exercised separately for each purchase and sale contract. The exercise of rights in relation to a delivered good does not affect and has no effect in relation to the contracts for the purchase and sale of the other goods. In the event that the User has the status of a consumer within the meaning of the Consumer Protection Act, the exercise of the right of withdrawal from the contract for the purchase and sale of certain goods does not affect the contracts for the purchase and sale of the other goods delivered to the user.
Art. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.
Art. 12. The user can pay the price for the individual sales contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO HAVE THE QUALITY OF CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT
Art. 13. The rules of this section VII of these general conditions apply only to Users who, according to the data specified for the conclusion of the sales contract or during the registration at incense.cloudcart.net, it can be concluded that they 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. 14. (1) The main characteristics of the goods offered by the Supplier on the incense.cloudcart.net platform are defined in the profile of each good on the incense.cloudcart.net platform
(2) The price of the goods including all taxes and fees is determined by the Supplier on the incense.cloudcart.net platform in the profile of each product on the incense.cloudcart.net platform
(3) The value of the postal or transport costs, not included in the price of the goods, is determined by the Supplier on the incense.cloudcart.net platform and is provided as information to the Users when selecting the goods for concluding the purchase and sale contract;
(4) The methods of payment, delivery and performance of the contract are defined in these general conditions and the information provided to the User through the mechanisms on the incense.cloudcart.net platform
(5) The information provided to the Users under this article is current at the time of its visualization on the incense.cloudcart.net platform before the conclusion of the sales contract.
(6) Users agree that all information required by the Consumer Protection Act can be provided through the incense.cloudcart.net platform interface or e-mail.
Art. 15. (1) The User agrees that the suppliers on the incense.cloudcart.net platform have the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay the Supplier on the incense.cloudcart.net platform the price for the delivery of the goods before or at the time of their delivery.
(3) In the event that the value of the User's order is equal to or exceeds BGN 15,000, payment shall be made only by transfer or payment to the Supplier's payment account.
Art. 16. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods by the Supplier through the single form for withdrawal from the contract, available on the Provider's site on the incense.cloudcart.net platform at Exercise your rights! and in Appendix No. 1 to these general conditions . Information on exercising the right of withdrawal is available at Exercise your rights! and in Appendix No. 2 to these general conditions .
(2) The right of refusal under para. 1 does not apply in the following cases:
(3) When the supplier on the incense.cloudcart.net platform has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the user within the opt-out period, the same begins to run from the date of its provision. The user has the right to make the opt-out statement under this article directly to the Provider through the single contract opt-out form available on the Provider's website on the incense.cloudcart.net platform at Appendix No. 1 to these general terms and conditions.
(4) When the User has exercised his right of withdrawal from the contract at a distance or from the contract outside the commercial premises, the Supplier shall refund all sums received from the user, including delivery costs, without undue delay and no later than 14 days, starting from the date on which he was notified of the user's decision to withdraw from the contract. The provider refunds the amounts received using the same means of payment used by the user in the initial transaction, unless the user has expressed his express consent to use another means of payment and provided that this is not associated with costs for the user.
(5) When exercising the right of refusal, the costs of returning the delivered goods are deducted from the refund amounts under para. 4, except in cases where the consumer organizes the return of the goods himself and at his own expense. The Supplier has no obligation to reimburse the additional costs of delivery of the goods when the user has expressly chosen a method of delivery of the goods other than the cheapest type of standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received by the Supplier in the platform and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form, available at GENERAL TERMS and CONDITIONS on the incense.cloudcart.net platform and in Appendix No. 1 to these general conditions .
(8) When the supplier on the incense.cloudcart.net platform has not offered to collect the goods himself, he may withhold payment of the sums to the User until he receives the goods or until the user provides proof that he has sent the goods back, whichever is the case , whichever happened first.
(10) Regardless of the above hypotheses, the User undertakes to return the goods in a commercial form that allows their subsequent sale, unless the unpacking of the goods leads to an obvious violation of the commercial form of the goods, such as, but not limited to, a destructible box, hermetic packaging and other similar cases. In the case of a damaged commercial appearance of the goods, the Supplier has the right, at its discretion, to refuse to accept a withdrawal from the contract or to charge the User the costs of restoring the goods in a commercial appearance.
(11) In the case of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal in relation to the bonus content belonging to the goods.
Art. 17. (1) The term of delivery of the goods is determined for each good separately when concluding the contract with the user through the Supplier's website on the platform incense.cloudcart.net
(2) In the event that the User and the Supplier in the incense.cloudcart.net platform have not determined a delivery time, the delivery time of the goods is 30 calendar days, starting from the date following the sending of the user's order to the Supplier through the Supplier's website in the incense.cloudcart.net platform
(3) If the Supplier on the incense.cloudcart.net platform cannot fulfill the contract due to the fact that he does not have the ordered goods, he is obliged to notify the User and refund the amounts paid by him.
Art. 18. The supplier on the incense.cloudcart.net platform undertakes to comply with all requirements established in Bulgarian legislation regarding the labeling, advertising and sale of food supplements.
VIII. PERFORMANCE OF AGREEMENT
Art. 19. (1) The supplier on the incense.cloudcart.net platform can organize the delivery and handover of the goods to the User by a relevant courier within the time limit specified at the conclusion of the contract.
(2) If the term under para. 1 is not expressly agreed between the parties at the conclusion of the contract, the Supplier organizes the delivery and handover within a reasonable time.
Art. 20. (1) The User must inspect the goods at the time of delivery and handover and, if they do not meet the requirements, notify the Supplier immediately on the incense.cloudcart.net platform
(2) If the User does not notify the Supplier on the incense.cloudcart.net platform according to para. 1 the goods are considered to be approved as conforming to the requirements except for hidden defects.
Art. 21. The supplier on the incense.cloudcart.net platform does not undertake to provide the necessary service for the goods.
Art. 22. For cases not regulated in this section, the commercial sale rules defined in the Commercial Law and the Consumer Protection Law shall apply.
Art. 23. (1) The collection, storage and processing of personal data is carried out in accordance with the Policy of for personal data privacy, which you can access here Privacy Policy.
(2) The personal data entered by the Users are subject to protection under the Personal Data Protection Act and the General Regulation 2016/679, and the Provider processes them for the purposes and within the terms stipulated in the Personal Data Privacy Policy .
(3) If the User agrees with the Personal Data Privacy Policy, the User expressly confirms that he agrees that the Provider stores information or receives access to the information stored in the User's end device for the purposes and terms comprehensively provided for in it. The User agrees that the Provider may store information or access the information stored in the User's end device and on other grounds specified in the Privacy Policy .
(4) The User or the User agrees that the Provider of the incense.cloudcart.net platform has the right to send electronic messages to the User or the User at any time, including a newsletter or offers to purchase goods, while the User's or User's registration is available in the Provider's electronic store on the incense.cloudcart.net platform
(5) The User or the User agrees that the Provider of the incense.cloudcart.net platform has the right to collect, store and process data on the behavior of the User or the User when using the Provider's electronic store on the incense.cloudcart.net platform The User has the right to object to the storage or access to the information under paragraph 3 in the ways provided for in the Personal Data Privacy Policy.
Art. 24. (1) At any moment, the Provider on the incense.cloudcart.net platform has the right to require the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration.
(2) In the event that for any reason the User has forgotten or lost their username and password, the Provider of the incense.cloudcart.net platform has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at: incense. cloudcart.net
Art. 25. (1) These general terms and conditions may be amended by the provider of the incense.cloudcart.net platform, of which the latter will notify all registered Users in an appropriate manner.
(2) The supplier on the incense.cloudcart.net platform and the User agree that any addition and amendment to these general terms and conditions will have an effect on the User in one of the following cases:
A) after being expressly notified by the Provider on the incense.cloudcart.net platform and if the User does not state within the 14-day period granted to him that he rejects them; or
B) after they are published on the Provider's website on the incense.cloudcart.net platform and if the User does not state within 14 days of their publication that he rejects them;
C) with its explicit acceptance by the User through his profile on the Provider's website on the incense.cloudcart.net platform
(3) The User agrees that all statements of the Provider on the incense.cloudcart.net platform, 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. 26. The provider publishes these general terms and conditions at {terms_rul} along with all additions and amendments to them.
Art. 27. These general terms and conditions and the User's contract with the Supplier on the incense.cloudcart.net platform are terminated in the following cases:
Art. 28. The Supplier has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in the event that it finds that the User uses the incense.cloudcart.net platform in violation of these general terms and conditions, the legislation of the Republic of Bulgaria, the generally accepted moral norms or generally accepted rules and practice in electronic commerce.
XII. RESPONSIBILITY
Art. 29. The User undertakes to indemnify and release from liability the suppliers on the incense.cloudcart.net platform and the Supplier from legal claims and other claims of third parties (whether justified or not), for all damages and costs (including legal royalties and legal expenses) arising out of or in connection with (1) failure to perform any of the obligations hereunder, (2) infringement of copyright, production, broadcasting or other intellectual or industrial property rights, (3) wrongful transfer to other persons of the rights granted to the User, for the term and under the terms of the contract and (4) falsely declaring the presence or absence of the status of user within the meaning of the Consumer Protection Act.
Art. 30. The provider is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (1) The Provider is not responsible for damages caused by the User to third parties.
(2) The Provider is not responsible for pecuniary or non-pecuniary damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using incense.cloudcart.net and concluding sales contracts with the Provider.
(3) The provider is not responsible for the time during which the platform was not available due to force majeure.
(4) The provider is not responsible for damages from comments, opinions and publications under the products, news and articles on the incense.cloudcart.net platform
Art. 32. (1) The supplier is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Supplier shall not be liable in the event of the conclusion of a contract for purchase and sale, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents himself as the User, if the circumstances can believes that this person is the User.
XIII. OTHER TERMS
Art. 33. (1) The User and the Supplier on the incense.cloudcart.net platform undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their possession in the process of executing the contract and these general terms and conditions.
(2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public domain.
Art. 34. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Supplier on the incense.cloudcart.net platform and the User, the clauses of the special contract shall prevail.
Art. 35. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
Art. 36. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
Art. 37. These general terms and conditions apply to all users of incense.cloudcart.net.
Appendix No. 1 - Standard form for exercising the right to withdraw from the contract
Standard form for exercising the right to withdraw from the contract: |
(complete and send this form only if you wish to withdraw from the contract) |
– To (, Sofia 1000 , [email protected]): – I/we hereby notify* that I/we renounce* the contract concluded by me/us* for the purchase of the following goods*/for the provision of the following service* – Ordered on*/Received on* – Name of the user(s). – Address of the user/s – Signature of the user(s) (only if this form is on paper) – Date -------------------------------------------------- ---- * Unnecessary is crossed out. |
Appendix No. 2 - Information on exercising the right to withdraw from the contract
Information on exercising the right to withdraw from the contract
Standard opt-out guidelines:
For additional user information, see incense.cloudcart.net