GENERAL TERMS AND CONDITIONS OF CopCasa.com
CREATED ACCORDING TO THE REQUIREMENTS OF THE CONSUMER PROTECTION COMMISSION AND THE BULGARIAN WEB ASSOCIATION
I. SUBJECT
These general terms and conditions are intended to regulate the relations between ENERGY EOOD, Sofia, 54 EVLOGI AND HRISTO GEORGIEVI Blvd., UIC 208524779, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as USERS, of the e-shop "CopCasa.com", hereinafter referred to as "CopCasa.com".
II. PROVIDER DATA
Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Supplier: ENERGY EOOD
2. Headquarters and address of management: Sofia, 54 EVLOGI I HRISTO GEORGIEVI Blvd.
3. Address for exercising the activity: Sofia, 54 EVLOGI I HRISTO GEORGIEVI Blvd.
4. Correspondence details: Sofia, Email: office@enigity.com, tel: +359888252941
5. Entry in public registers: UIC 208524779
6. Supervisory authorities:
(1) Personal Data Protection Commission Address: Sofia, 15 Ivan Evstatiev Geshov St., Tel.: (02) 940 20 46 Fax: (02) 940 36 40 Email: kzld@government.bg, kzld@cpdp.bg Website: www.cpdp.bg
(2) Consumer Protection Commission Address: 1000 Sofia, 4A Slaveykov Square, floors 3, 4 and 6, tel.: 02 / 980 25 24 fax: 02 / 988 42 18 hotline: 0700 111 22 Website: www.kzp.bg
7. Registration under the Value Added Tax Act No. BG208524779
III. FEATURES OF CopCasa.com
CopCasa.com is an electronic platform, accessible at the Internet address CopCasa.com, through which Users have the opportunity to conclude contracts for the purchase, sale and delivery of goods offered by CopCasa.com, including the following:
1. To register and create an account to browse CopCasa.com and use the additional information provision services;
2. To make electronic statements in connection with the conclusion or performance of contracts with CopCasa.com through the interface of the CopCasa.com website, available on the Internet;
3. To conclude contracts for the purchase, sale and delivery of the goods offered by CopCasa.com;
4. To make any payments in connection with the contracts concluded with CopCasa.com, according to the payment methods supported by CopCasa.com.
5. To receive information about new products offered by CopCasa.com;
6. Review the goods, their characteristics, prices and delivery terms;
7. To be notified of the rights arising from the law primarily through the interface of the CopCasa.com website on the Internet;
The Supplier delivers the goods and guarantees the rights of the Users, as provided for by law, within the framework of good faith, accepted practice, consumer or commercial law criteria and conditions.
(1) Users conclude a contract for the purchase and sale of the goods offered by CopCasa.com through the Supplier's interface, available on its website at CopCasa.com or another means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.
(3) Users pay the Supplier a fee for the delivered goods in accordance with the terms and conditions set out on CopCasa.com and these general terms and conditions. The fee is the price announced by the Supplier at the CopCasa.com address on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by the Supplier on the CopCasa.com website and in accordance with these general terms and conditions.
(5) The price for delivery is determined separately and explicitly from the price of the goods.
(1) The User and the Supplier agree that all statements between them in connection with the conclusion and performance of the purchase and sale contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Article 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 upon registration, if the User has entered the relevant username and password for access.
IV. USE OF CopCasa.com
(1) In order to use CopCasa.com to conclude contracts for the purchase and sale of goods, the User must enter a username and password chosen by him for remote access, in cases where registration is required.
(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/her data and pressing the "Yes, I accept" and "Registration" buttons, the User declares that he/she is familiar with these general terms and conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending an email to the email address specified by the User, to which information for activating the registration is also sent. The Recipient confirms the registration and the conclusion of the contract by means of an electronic reference in the email informing him of the completed registration sent by the Provider. After confirmation, an account is created for the User and contractual relations arise between him and the Provider.
(5) When registering, the User undertakes to provide correct and up-to-date data. The User shall promptly update the data specified in his registration in case of any change.
(6) In case a profile on web social networks or other networks is used for the registration of the User, the party to the contract is the person who is the holder of the profile used for the registration on the relevant social or other network. In this case, the Provider has the right to access the data necessary to identify the User on the relevant social or other network.
(1) The email address provided upon initial registration of the User, as well as any subsequent email address used for the exchange of statements between the User and the Provider, is the “Primary Email Address” within the meaning of these general terms and conditions. The User has the right to change his/her Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Provider shall send a request for confirmation of the change. The confirmation request shall be sent by the Provider to the new Primary Contact Email Address specified by the User.
(3) The change of the Primary Contact Email Address shall be made after confirmation by the User, expressed through a reference contained in the confirmation request sent by the Provider to the new Primary Contact Email Address specified by the User.
(4) The Provider informs the User about the change made by e-mail sent to the Primary Contact Email Address specified by the User before making the change under item 2.
(5) The Provider is not liable to the User for any unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Primary Contact Email Address in specific cases.
V. TECHNICAL STEPS FOR CONCLUSION OF A SALES AGREEMENT
(1) Users primarily use the interface of the Supplier's website to conclude purchase and sale contracts for the goods offered by the Supplier on CopCasa.com.
(2) The contract shall be concluded in Bulgarian.
(3) The contract between the Provider and the User constitutes these general terms and conditions, available at CopCasa.com.
(4) The party to the contract with the Provider is the User according to the data provided during registration and contained in the User's personal profile. For the avoidance of doubt, these are the data with which an account was created with the Provider.
(5) The provider shall include in the interface of its website technical means for identifying and correcting errors in the entry of information before the statement for the conclusion of the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Provider. The contract for the purchase and sale of goods is considered concluded from the moment of its request by the User through the Provider's interface.
(7) The Supplier shall expressly notify the User in an appropriate manner via electronic means of the conclusion of this contract and the conclusion of the contract for the purchase and sale of goods.
(8) The statement for the conclusion of the contract and the confirmation of its receipt shall be deemed to have been received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not liable in the event that the data specified by the Users is incorrect or misleading.
Users conclude the purchase and sale contract with the Supplier according to the following procedure:
(1) Registering at CopCasa.com and providing the necessary data, if the User does not have a registration at CopCasa.com yet;
(2) Logging into the CopCasa.com ordering system by identifying yourself with a name and password;
(3) Selecting one or more of the goods offered on CopCasa.com and adding them to a list of goods for purchase;
(4) Provision of data for delivery;
(5) Choice of method and time for payment of the price.
(6) Order confirmation;
VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
The rules of this Section VI of these general terms and conditions apply to Users for whom, according to the data provided for the conclusion of the purchase contract or upon registration at CopCasa.com, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
(1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the CopCasa.com website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the CopCasa.com website.
(3) The value of postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following times before concluding the contract:
- In the profile of each of the goods on the Supplier's website at CopCasa.com;
- When selecting the goods for concluding the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is determined in these general terms and conditions, as well as the information provided to the User on the Provider's website.
(5) The information provided to Users under this article is current at the time of its visualization on the Provider's website at CopCasa.com before the conclusion of the purchase and sale contract.
(6) The Supplier must indicate the terms and conditions for delivery of individual goods on the CopCasa.com website.
(7) The supplier shall indicate, before the conclusion of the contract, the total value of the order for all goods contained therein.
(1) The Consumer agrees that the Supplier has the right to accept advance payment for contracts concluded with the Consumer for the purchase and sale of goods and their delivery.
(2) The Consumer independently chooses whether to pay the Supplier the price for the delivery of the goods before or at the time of their delivery.
(1) The consumer has the right, without owing compensation or penalty and without giving any reason, to withdraw from the concluded contract within 14 working days from the date of receipt of the goods, without being used or in a damaged commercial condition.
(2) The right of withdrawal under item 1 shall not apply in the following cases:
- for the delivery of goods and provision of services, the price of which depends on fluctuations in financial markets, which the Supplier is not able to control;
- for the delivery of goods made according to the consumer's requirements or upon his individual order;
- for the delivery of audio and video recordings, software products and consumables printed by the user;
- for equipment that is in a damaged commercial condition or used.
(3) Where the Supplier has not fulfilled its obligations to provide information, as set out in Article 54 of the Consumer Protection Act, the consumer shall have the right to withdraw from the concluded contract within a period of three months from the date of receipt of the goods. Where the information under this paragraph is provided to the consumer within the withdrawal period, the same shall start to run from the date of its provision.
(4) In the event that the consumer exercises his right of withdrawal under item 1, the Supplier is obliged to reimburse the consumer in full the amounts paid by him no later than 30 calendar days from the date on which the consumer exercised his right of withdrawal from the concluded contract. The costs of returning the goods shall be deducted from the amount paid by the consumer under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier thereof.
(5) The Consumer undertakes to preserve the goods received from the Supplier, their quality and safety during the period under item 1.
(1) The delivery period of the goods and the starting point from which it runs is determined for each good separately upon conclusion of the contract with the consumer through the Supplier's website at CopCasa.com, unless the goods are ordered in one delivery.
(2) In case the consumer and the Supplier have not set a delivery time, the delivery time of the goods is 30 working days, starting from the date following the sending of the consumer's order to the Supplier via the Supplier's website CopCasa.com.
(3) If the Supplier cannot fulfill the contract due to the fact that it does not have the ordered goods, it is obliged to notify the consumer thereof and to refund the amounts paid by him within 30 working days from the date on which the Supplier should have fulfilled its obligation under the contract.
(4) In the cases under item 3, the Supplier has the right to deliver to the consumer goods of the same quality and price. The Supplier shall notify the consumer electronically of the change in the performance of the contract.
(5) In case of exercising the right to withdraw from the supply contract under item 4, the costs of returning the goods shall be borne by the Supplier.
(1) The supplier shall transfer the goods to the consumer after verifying the fulfillment of the requirements and the existence of the circumstances under Article 61 of the Consumer Protection Act.
(2) The Consumer and the Supplier shall certify the circumstances under item 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) The User and the Provider agree that the requirements under item 1 and Article 61 of the Consumer Protection Act will be complied with if the verification is carried out by a person who, according to the circumstances, can be concluded to be the one to transmit the information to the user – a party to the contract.
VII. OTHER CONDITIONS
(1) The Supplier delivers and hands over the goods to the User within the period specified upon conclusion of the contract.
(2) If the period under item 1 is not explicitly agreed upon between the parties upon conclusion of the contract, the Supplier shall deliver and hand over the goods within a reasonable period of time, but no later than 2 months.
The User must inspect the goods at the time of delivery and handover by the Supplier and, if they do not meet the requirements, immediately notify the Supplier.
VIII. PROTECTION OF PERSONAL DATA
(1) The 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 Personal Data Protection Policy, available at CopCasa.com
(1) At any time, the Provider has the right to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider has the right to apply the announced "Procedure for lost or forgotten usernames and passwords", available at CopCasa.com
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
(1) These general terms and conditions may be amended by the Provider, of which the latter will notify in an appropriate manner all Users of CopCasa.com who have registration.
(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User after explicit notification by the Provider and if the User does not declare within the 14-day period provided to him that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User upon registration. The User agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.
The Provider publishes these general terms and conditions at CopCasa.com, along with all additions and amendments thereto.
X. TERMINATION
These general terms and conditions and the User's contract with the Provider shall be terminated in the following cases:
- upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in writing;
- unilaterally, with prior notice from each party in the event of failure to fulfill the obligations of the other party;
- in the event of objective impossibility of any of the parties to the contract to fulfill their obligations;
- in case of seizure or sealing of the equipment by state authorities; ·in case of deletion of the User's registration on the CopCasa.com website. In this case, concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
- in case of exercising the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act.
XII. OTHER CONDITIONS
The possible invalidity of any of the provisions of these general terms and conditions will not result in the invalidity of the entire contract.
For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
These general terms and conditions apply to all Users of CopCasa.com.