GENERAL TERMS AND CONDITIONS OF THE ELECTRONIC STORE

www.brightstock.eu
 

SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relations between "BrightStock OOD" with address Sofia, p.k. 1111r-n Slatinabul./ul. Sirak Skitnik № 3, fl. 4, ap. 15, hereinafter referred to as the SUPPLIER, and the customers, hereinafter referred to as the USERS, of the electronic store www.brightstock.eu, hereinafter referred to as the "ELECTRONIC STORE".

II. DATA ABOUT THE SUPPLIER
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the supplier: BrightStock OOD
2. Address of management: Sofia, zhk. Zaharna Fabrika, Bilyanini Izvori 10

3. Address for exercising the activity: www.brightstock.eu

4. Correspondence details: Sofia, Zaharna Fabrika ul. Bilyanini Izvori 10
5. Registration in public registers: UIC 205545323
6. Certificate number for personal data administrator
7. Supervisory authorities:
(1) Personal Data Protection Commission
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.,
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, 3rd, 4th and 6th floors,
Tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
8. Registration under the Value Added Tax Act No. BG203854036.

 

III. CHARACTERISTICS OF THE ELECTRONIC STORE

Art. 3. The electronic store is accessible at the Internet address www.packit.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:
1. To register and create a profile for browsing the ELECTRONIC STORE and using additional services for providing information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the ELECTRONIC STORE through the interface of the ELECTRONIC STORE page, accessible on the Internet;
3. To conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC STORE;
4. To make any payments in connection with the concluded contracts with the ELECTRONIC STORE, according to the payment methods supported by the ELECTRONIC STORE.
5. To receive information about new goods offered by the ELECTRONIC STORE;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC STORE page on the Internet;
8. To exercise the right to withdraw from the contract concluded at a distance for the goods offered by the Supplier, for which the right to withdraw 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.

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Art. 5. (1) The Users conclude a contract for the purchase and sale of goods offered by the ELECTRONIC SHOP through the Provider's interface, accessible on its website on the Internet or other means of distance communication.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Provider undertakes to deliver and transfer ownership to the User of the goods specified by him through the interface.
(3) The Users pay the Provider a fee for the delivered goods in accordance with the conditions specified on the ELECTRONIC SHOP and these general terms and conditions. The fee is in the amount of the price announced by the Provider at the address of the ELECTRONIC SHOP on the Internet.
(4) The Provider delivers the goods requested by the Users within the terms and under the conditions specified by the Provider on the website of the electronic shop 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.

(5) Users pay the Supplier a penalty for an order placed in accordance with the conditions set out in the ONLINE STORE and these general terms and conditions, and subsequently cancelled. The penalty is in the amount of 40% of the value of the order, announced by the Supplier at the ONLINE STORE address on the Internet, by e-mail or by telephone, and may be deducted from the advance payment provided, if any.

Art. 6. (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 Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the Users of the site have been made by the persons specified in the data provided by the User upon registration, if the User has entered the relevant username and password for access.

IV. USE OF THE ELECTRONIC STORE
Art. 7. (1) In order to use the ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the User must enter a name and password for remote access chosen by him, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User, by registering electronically 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 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 a letter to the e-mail address specified by the User, to which information for activating the registration is also sent. The User confirms the registration and the inclusion of the contract via an electronic link in the letter notifying 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 change.
(6) For full functionality of the use of the Provider's e-shop, the User is required to register on the e-shop website. The Provider is not liable if, due to lack of registration, the User was unable to use the full functionality of the e-shop, including with regard to exercising the rights under the contract, the possibility of claiming a lower price and other similar functions.
(7) These general terms and conditions can be obtained by the Users without registering in the ELECTRONIC STORE by express declaration of will, including through the ELECTRONIC STORE website.

Art. 8. (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 request for confirmation 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 by 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 shall inform the User of the change made by e-mail sent to the Primary Contact Email Address specified by the User prior to making the change under para. 2.
(5) The Provider shall not be 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 PURCHASE AND SALES AGREEMENT
Art. 9. (1) Users primarily use the interface of the Supplier's website to conclude purchase and sale agreements for the goods offered by the Supplier in the ELECTRONIC SHOP. (2) The agreement is concluded in Bulgarian.
(3) The agreement between the Supplier and the User constitutes these general terms and conditions, available on the ELECTRONIC SHOP website.
(4) The party to the agreement 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 data with which an account with the Supplier was created.
(5) The Supplier includes in the interface of its website technical means for identifying and correcting errors when entering information before the statement for concluding the agreement is made.
(6) This contract is considered to be concluded from the moment of the User’s registration with the Provider or the acceptance of the general terms and conditions in another explicit manner, including through a statement on the Provider’s website. The contract for the purchase and sale of goods is considered to be concluded from the moment of its application by the User through the Provider’s interface.
(7) The Provider shall expressly notify the User of the conclusion of this contract and of the conclusion of the contract for the purchase and sale of goods in an appropriate manner by electronic means. (8) The statement for the conclusion of the contract and the confirmation of its receipt shall be considered to have been received when their addressees have the opportunity to access them.
(9) The Provider shall deliver the goods to the address specified by the Users and shall not be liable in the event that the data specified by the Users are incorrect or misleading.

Art. 10. (1) Users conclude a purchase and sale agreement with the Supplier according to the following procedure:
Registering in the ELECTRONIC STORE and providing the necessary data, if the User has not yet registered in the ELECTRONIC STORE or by requesting a product without registering;
Logging into the ELECTRONIC STORE ordering system by identifying with a name and password and another method of identification;
Selecting one or more of the offered products in the ELECTRONIC STORE and adding them to a list of products for purchase;
Providing data for making the delivery;
Choosing the method and time of payment of the price.
Confirmation of the order;
(2) Users can conclude a purchase and sale agreement with the Supplier without registering, by using the relevant functionality in the interface of the electronic store

VI. SPECIFIC OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. 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 and sale contract or upon registration in the ELECTRONIC STORE, it can be concluded that they are consumers 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 25 October 2011.

Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the ELECTRONIC SHOP website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ELECTRONIC SHOP website.
(3) The value of the 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 moments before concluding the contract:
- In the profile of each of the products on the ELECTRONIC SHOP website;
- When selecting the products for concluding the purchase and sale contract;
(4) The method of payment, delivery and performance of the contract is defined in these general terms and 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 Provider's website before the conclusion of the purchase and sale contract.
(6) The Provider must indicate the terms of delivery of the individual goods on its website.
(7) The Provider indicates before the conclusion of the contract the total value of the order for all goods contained therein.
(8) The Users agree that all information required by the Consumer Protection Act may be provided through the interface of the ELECTRONIC STORE platform or by e-mail.

Art. 13. (1) The Consumer agrees that the Supplier has the right to accept advance payment for the 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.

Art. 14. (1) The consumer has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods through the unified form for withdrawal from the contract, available on the Supplier's website. Information on exercising the right of withdrawal is available on the Supplier's website. Consumers may also use another unambiguous statement that can be recorded on a durable medium.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
1. for the delivery of goods made to order by the consumer or in accordance with his individual requirements;
2. for the delivery of goods that, due to their nature, may deteriorate in quality or have a short shelf life;
3. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for reasons related to hygiene or health protection;
4. for the supply of goods which, after having been delivered and due to their nature, have become mixed with other goods from which they cannot be separated;
5. for the supply of sealed sound recordings or video recordings or sealed computer software which have been unsealed after delivery;
6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(3) Where the Supplier has not fulfilled its obligations to provide information, as set out in the Consumer Protection Act, the Consumer has the right to withdraw from the concluded contract within a period of up to one year and 14 days, counting from the date of receipt of the goods. Where the information is provided to the Consumer within the withdrawal period, the same shall commence from the date of its provision. The Consumer has the right to submit the withdrawal statement under this Article directly to the Supplier using the unified withdrawal form available on the Supplier’s website.
(4) Where the Consumer has exercised his right to withdraw from the distance contract or the off-premises contract, the Supplier shall reimburse all amounts received from the Consumer, including delivery costs, without undue delay and not later than 14 days from the date on which he was informed of the Consumer's decision to withdraw from the contract. The Supplier shall reimburse the amounts received using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to use another means of payment and provided that this does not involve costs for the Consumer.
(5) When exercising the right of withdrawal, the costs of returning the delivered goods shall be borne by the Consumer and the costs of returning the goods shall be deducted from the amount paid by the Consumer under the contract. The Supplier is not obliged to reimburse the additional costs of delivery of the goods when the User has explicitly 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 from the Supplier 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 sending a written statement to the Supplier using the standard form for withdrawal from the contract, available on the ELECTRONIC STORE website.
(8) Where the Supplier has not offered to collect the goods himself, he may withhold payment of the amounts to the User until he receives the goods or until the User provides proof that he has sent the goods back, depending on which of the two has occurred earlier.

Art. 15. (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, unless the goods are ordered in one delivery.
(2) In case the consumer and the Supplier have not determined a delivery period, the delivery period of the goods is 30 working days, counting from the date following the sending of the consumer's order to the Supplier through the e-shop website.
(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 refund the amounts paid by him.

Art. 16. (1) The Supplier shall deliver the goods to the Consumer after verifying the fulfillment of the requirements for providing information to the Consumer in accordance with the Consumer Protection Act.
(2) The Consumer and the Supplier shall verify the circumstances under para. 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed.
(3) The Consumer and the Supplier agree that the requirements under para. 1 will be met if the verification is carried out by a person who, according to the circumstances, can be concluded to pass on the information to the Consumer – a party to the contract.

VII. OTHER CONDITIONS
Art. 17. The Supplier shall deliver and deliver the goods to the User within the period specified at the conclusion of the contract.

Art. 18. 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 thereof.

VIII. PROTECTION OF PERSONAL DATA
Art. 19. (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.
(4) Users agree that the Provider has the right to process their personal data necessary for the execution of orders in the online store and the execution of the contract.

Art. 20. (1) At any time, the Provider has the right to require the User to identify himself 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 name and password, the Provider has the right to apply the announced Procedure for lost or forgotten names and passwords.

IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Provider, of which the latter shall notify all Users who have registered in an appropriate manner. (2) The Provider and the User agree that any additions and amendments to these general terms and conditions shall be effective against the User after the Provider has expressly notified him/her and if the User does not declare within the 30-day period provided to him/her that he/she rejects them.
(3) The User agrees that all statements by the Provider in connection with the amendment of these general terms and conditions shall 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/her.
Art. 22. The Provider publishes these general terms and conditions on its website along with all additions and amendments thereto.

X. TERMINATION
Art. 23. 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 case of non-fulfillment of the obligations of the other party;
in case of objective impossibility of any of the parties to the contract to fulfill its obligations;
in case of seizure or sealing of the equipment by state authorities;
in case of deletion of the User's registration on the ELECTRONIC STORE website. In this case, the concluded but unfulfilled purchase and sale contracts remain in force and are subject to execution;
in case of exercise of the right of withdrawal pursuant to Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the respective ordered goods is terminated if the right of withdrawal from the contract is applicable to the respective category of goods.

XI. OTHER CONDITIONS
Art. 24. The possible invalidity of any of the provisions of these general conditions shall not result in the invalidity of the entire contract.

Art. 25. The laws of the Republic of Bulgaria shall apply to any issues not settled in this contract, related to the implementation and interpretation of this contract.

Art. 26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.

 

Art. 27. All prices include VAT.