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General terms and conditions
On the use of the Website https://www.zaper.org/, administered by IDELBULGAR LTD (referred to as the “Website”)
Section I. General information
Please read carefully these General terms and conditions on the use of the website https://www.zaper.org/, administered by IDELBULGAR LTD (referred to as the “General terms and conditions”). These should regulate the relations between IDELBULGAR LTD, with Uniform Identification Code BG204963565; with head office and registered address in the city of Sofia, 27 “Samodivsko izvorche” Str., and correspondence address: city of Sofia, P.O.B. 1330, 27 “Samodivsko izvorche” Str., referred as to “Salesperson” and each and every Client of the Website, referred as “Client”.
1.1. With the use of the Website https://www.zaper.org/ you explicitly and unconditionally agree with these General terms and conditions. If you do not agree with them, you could not use the Website and your orders would not be performed. Every use of the Website, its contents (text, data, photographs, graphs etc.) as well as the utilization of all services being rendered or to be rendered by the Salesperson in the future via this Website will take place in conformity with these General terms and conditions.
1.2.1. IDELBULGAR LTD that receives orders for commodities (healthy products) via the Website delivers the ordered products and receives the payments effected by the Clients that have ordered products from the Website;
1.2.2. Client: every physical person or legal entity that has ordered products at the Website https://www.zaper.org/
1.2.3. Website administrator: IDELBULGAR LTD;
1.2.4. Website owner: IDELBULGAR LTD, with head office and registered address in the city of Sofia, housing complex Razsadnika, 27, “Samodivsko izvorche” Str.
1.3. Copyright protection.
1.3.1. The comprehensive contents and all materials uploaded at the Website, including all published texts, images, photographs, video materials, articles, source code ( except for those that were introduced and attached by the Client in relation to the offered Products), are with protected copyrights. They belong to the Salesperson or it was assigned with the rights to use them (and they belong to the particular right owners) and are protected by the Copyright and Related Rights Act. Copying and using them without being provided with the right to this is gross violation of author’s rights, as well as of the imperative provisions of the Bulgarian legislation. Every reproduction, copying, publication, dissemination or placement of these materials or their parts at public locations is forbidden without the consent of IDELBULGAR LTD provided in writing and in advance. Each and every forbidden use of the materials contained in this Website would be subject to legal prosecution.
1.3.2. IDELBULGAR LTD would undertake the measures provided for in the legislation in view of punishing each and every unauthorized use or other violation of copyrights or related rights to the Website objects.
1.3.3. If any place on this Website contains additional requirements or information related to copyrights or related rights, these should be duly satisfied.
1.3.4. Unless otherwise provided, the rights to the photographs and the additional materials attached to the products belong to their owners.
1.3.5. All other trademarks and the related symbols, images, appellations etc. belong to their respective owners.
1.4.1. The Client and the Salesperson agree that all statements between them concerning the Website use and entering and performing the purchase and sale contract when it comes to ordering products from the Website could be provided online and via online statements under the Digital Document and Electronic Signature Act and article 11 of the E-Commerce Act.
1.4.2. We presume that the online statements provided by the Client on the Website were performed by the person defined in the data furnished by the Client at the time of registration, if the Client entered the username and password for accessing the website.
Section II. Salesperson’s terms and conditions for working with Clients
2.1. The website https://www.zaper.org/ contains detailed description of the products on offer (offered product assortment, quantity limitations (if any are available), characteristics, prices etc.); unit pend prices of the products in BGN and in EUR including all due fees and taxes.
2.2. The Salesperson aims at publishing on the Website as comprehensive information as possible about the products on offer. Nevertheless the Salesperson does not ensure that the information provided on the Website is authentic, complete or error-free. If the product purchased via the Website differs from its description, the Consumer will have the right to return it as long as it is still in the appearance in which it arrived to it and up to 14 days’ term as of being received.
2.3. The Website could contain links to other Websites (web addresses) that are not related and not being controlled by the Salesperson. The presence of links to other Websites does not mean the Salesperson approves of or bears whatever liability for the contents or use of these Websites.
2.4. The Client gets registered with name and surname (or if he/she wishes so, without registration) and could place the order. After filling in all mandatory fields in the order form on the Website:
2.6. The Client undertakes to fill in the order with data that reflect the reality, without misleading the Salesperson. In the case of inaccurately filled in data the Client should indemnify the Salesperson for the damages sustained by it. The Client should update the data in timely manner provided by him/her at the time of registration or order sending.
2.7. After filling in the order the Salesperson sends a message to let the Client know the order was accepted and define the delivery term in it. From that time onwards it is believed the remote sales contract was entered. If the Salesperson could not perform the contract, entered via the Website, because of not having the ordered commodities available, it should inform the Client to this end. In view of each commodity individual purchase and sale contract should be entered, irrespective of the fact it was chosen with others within the framework of one online statement and one list of commodities to be purchased.
2.8. The Salesperson could arrange for the joint and simultaneous delivery of the commodities ordered with the individual purchase and sale contracts. Client’s rights in relation to the delivered commodities are being individually exercised in view of each and every purchase and sale contract. Rights’ exercising in relation to the delivered commodity does not concern and impact the purchase and sale contracts for the other commodities. If the Client is in the capacity of Consumer under the Consumers’ Protection Act, exercising the right to refusal of the purchase and sale contract of particular commodity does not concern the purchase and sale contracts of the other commodities delivered for the Consumer. When it comes to exercising the rights under the purchase and sale contract, the Client should define the contract and commodity in precise and unambiguous manner in view of which he/she exercises them.
2.9. The Client undertakes to provide the contact person defined in the order that is to be available at the delivery address provided by the Client on the day defined as delivery day. The due delivery of the commodity ordered by the Client is the one that was defined in the order placed by the Client. The delivery should be certified with the signature and the name of the person defined in the bill of lading.
2.10. The Client should inspect the commodity at the time of delivery and if it is not in conformity with the requirements he/she should describe this circumstance in the bill of lading, and immediately notify the Salesperson to this end at the following email: email@example.com. If the Client does not describe the inconformity and does not notify the Salesperson under the previous sentence, the commodity would be perceived approved as conforming with the requirements except for the hidden defects.
2.11. The payment for the commodity is to be effected only with cash on delivery (at the time of receiving the commodity) or with wire transfer. The Salesperson does not charge additional fees and commissions to the product prices at the purchase time. Ownership right to the commodity is transferred to the Client at the time of paying the price when delivering the commodity for the Client. If the person defined by the Client is not available at the delivery address, it would be perceived that the Client is in delay for receiving the commodity ordered by him/her. If up to 10 days as of the delivery date the Client does not look for his/her commodity, it would be returned to the Salesperson and the contract for the commodity sale would be perceived as dissolved.
2.12. The value of the postal or transport costs for delivery are to be defined by the courier company.
2.13. The information with which the Clients are provided, is up-to-date at the time of its visualization on the Website before entering the purchase and sale contract.
2.14. The Clients agree that the whole information required by the Consumers’ Protection Act could be provided via Website’s interface or via email.
2.15. The Salesperson undertakes while performing its operations for offering and selling the products via the online store not to allow any phantom purchases, money laundering and terrorism funding, fraud or attempted fraud, irrespective of the manner for doing this.
Section III. Rules on the information provided by the Client when using the Website for placing orders
3.1. The Salesperson, as well as the Website owner are entered in the register in their capacity of personal data operators and undertake to keep the confidentiality of the personal data and the commercial information provided by the Clients via the Website. Clients’ personal data, filled in on the Website, could be provided to third parties, as well as to the Website owner for marketing purposes, and the Clients provide their explicit consent to this end while utilizing Salesperson’s services under these General terms and conditions. The Clients provide their consent to receiving unsolicited emails under the E-Commerce Act in order to run inquiries or other marketing initiatives. The clients give their consent to having other data of theirs collected, including IP address, time of performing the visit, location of accessing the Website, name and version of the web-browser, operating system and other parameters, provided by the web-browser, while which the Website was accessed, including all other information. The collected data could be utilized for statistical and marketing researches, as well as for improving the services being rendered.
3.2. The Salesperson receives only the portion of the information filled in by the Client on the Website that is necessary for entering the transaction – name and surname of the Client; email address; delivery address; contact person and telephone and for the purposes of receiving the delivery etc.
3.3. The Salesperson would not sell and would not provide for temporary use and for consideration the information filled in by the Client on the Website, and would not keep it longer that it takes to run his usual business. The Client has the right to object to having his/her personal data processed for the purposes of direct marketing, as well as be notified before having his/her personal data disclosed for the first time to third parties or utilized for the purposes of direct marketing on his/her behalf. The right to objecting to this disclosure or utilization is to be exercised at the following address: firstname.lastname@example.org
3.4. Upon request the Salesperson could provide summarized statistical information related to the Website.
3.5. After accepting these General terms and conditions, the Client agrees for the information provided by him/her except for his/her personal data to be utilized for marketing purposes. The Client could refuse having his information utilized for marketing purposes after sending message to the following email: email@example.com. The prohibition would be in effect from the time of receiving the message.
3.7. Should you have any questions concerning the security practices of the Salesperson, every Client could write to the following address: firstname.lastname@example.org
Section IV. Information that is freely provided by the Salesperson
4.1. Salesperson that accepts the orders received via the Website: IDELBULGAR LTD.
4.2. Uniform Identification Code: BG204963565;
4.3. The head office and registered address of the Salesperson is in the city of Sofia, 27 “Samodivsko izvorche” Str., and the correspondence address is in the city of Sofia, P.O.B. 1330, 27 “Samodivsko izvorche” Str., as well as permanent physical address of the Salesperson;
4.4. Valid communication contacts concerning the Client inquiries – telephone: +359888175375 , email: email@example.com
Section V. Cancellation policy:
5.1. The Client in the capacity of Consumer under the Consumers’ Protection Act has the right to give up the placed order in 14 days’ term as of placing the order.
5.2. In the case of giving up the placed order, the Client in the capacity of Consumer under the Consumers’ Protection Act should bear the direct and transport costs for returning the commodity and owes the decrease of delivered commodity’s value as a result of trying it out which differs from what it takes to establish the nature, characteristics and good functioning of the commodity.
5.3. Giving up the order should be performed via filling in an application and sending it to the following email: firstname.lastname@example.org.
Section VI. Prerequisites for returning the purchased commodity, replacement or repairs of the received commodity, reimbursement of the payment amount (full or partial)
6.1. Commodity delivered via order placed on this Website could be returned in 14 days’ term as of delivering it by a Client only if he/she is in the capacity of Consumer under the Consumers’ Protection Act. To this end you should contact the Salesperson at the following email: email@example.com, in order to specify the manner of returning the delivered commodity, courier, term, insurance.
6.2. The right to return the commodity is perceived as exercised by the Consumer after sending an Application filled in by the Consumer (Attachment № 1) at the following email: firstname.lastname@example.org, which refers solely to the commodity specified by the Consumer, but not to the others ordered and delivered together with it. In the case of exercising the right to refusal under this article, the Consumer is believed to have exercised the right to refusal in view of the bonus contents belonging to the commodity that is subject to return, together with the commodity. The Salesperson reimburses the amounts received for this commodity, while utilizing the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressed his/her explicit consent to utilize another means of payment and as long as this is not bound to costs incurred by the Consumer. When it comes to exercising the right to refusal, the costs for returning the delivered commodities are to be deducted from the amounts to be reimbursed under the previous sentence, except for the cases where the Consumer arranges by him/herself and on his/her account commodities’ return. The Salesperson has the right to retain commodity price’s refunding until receiving the commodity or evidence that the Consumer had sent the commodity back, whichever happens earlier.
6.3. The return could be performed only if commodity package’s integrity is complete (except for its simple opening), it is unused, in full set, all commodity stickers are preserved, thus certifying it has not been opened or repaired by unauthorized person. The Consumer has returned all documents that accompanied the commodity at the time of its delivery. The Consumer undertakes to return the commodity in the sales appearance that makes its successive sale possible, unless commodity unpacking results to the obvious violation of commodity’s sales appearance, including but not limited to destroyable box, tight proof packages and other similar cases. In the case of disturbed commercial appearance of the commodity, the Salesperson has the right upon its discretion to refuse accepting contract giving up or charge the Consumer with the costs for restoring commodity’s commercial appearance. Until the time at which the commodity is delivered by the Consumer to the Salesperson, the risk of its accidental perishing or damage is fully borne by the Consumer.
6.4. In the case of refusal and return of the order, the Consumer bears the direct and transport costs for returning the commodity and owes the decrease of delivered commodity’s value as a result of trying it out which differs from what it takes to establish the nature, characteristics and good functioning of the commodity.
6.5. The rights under the warranty liability borne by the manufacturer of the particular commodity are provided for in the warranty terms and conditions of each and every commodity and should be conformed by the Client in the case of occurred defect or damage in the delivered commodity. In view of the Consumers under Consumers’ Protection Act the provisions that are enforceable are its provisions.
6.6. In the case of reimbursing amounts when giving up on order or returning purchased commodity or others it is possible to receive full or partial reimbursement of the payment value.
6.7. During the warranty term, in the case of technical damage or fault of the purchased product, the Client should provide personally or in another manner (via courier company) the purchased product to a service shop defined to this end or to the product manufacturer. If the client is outside the Republic of Bulgaria or because of any other reason could not deliver personally the purchased product to the particular address for repair works, he/she could send (via courier company) the purchased product to the particular address of the manufacturer/service shop, described in the warranty card. Or directly get in touch with the Salesperson at the following email email@example.com. The transport costs (for the courier service) of the product to the service shop/manufacturer or the Salesperson and back are on the account of the consumer.
Section VII. Liability.
7.1. The Client undertakes to indemnify and defend the Website owner and the Salesperson in the case of legal claims and other claims raised by third parties (irrespective of whether these are reasonable or not), for all damages and costs (including attorney fees and legal costs) resulting from or related to (1) default under any of the obligations hereto, (2) violation of copyrights, producer, broadcasting rights or other intellectual or industrial property rights, (3) illegal transfer of the rights to other parties provided by the Client, according to the terms and conditions of the contract and (4) false statements on the absence or presence of quality, Consumer under the Consumers’ Protection Act.
7.2. The Salesperson is not liable in the case of force majeure, accidental events, online problems, technical or other objective reasons, including orders issued by the competent government bodies.
7.3. The Salesperson is not liable for damages inflicted by the Client to third parties. The Salesperson is not liable for pecuniary or non-pecuniary damages being opportunity costs or suffered damages, caused by the Client during the process of using or non-using the Website and entering purchase and trade contracts with the Salesperson.
7.4. The Salesperson is not liable for the period during which the platform was not accessible because of force majeure.
7.5. The Salesperson is not liable for damages inflicted by comments, opinions and publications under the products, news and articles published on the Website.
7.6. The Salesperson is not liable in the case the measures for securing the technical equipment are skipped thus resulting in information loss, accessing information, limitation of accessing the information and other similar consequences.
7.7. The Salesperson is not liable in the case of entering purchase and sale contract, provision of access to the information, data loss or change that result from false identification of third party, pretending to be the Client, if one could judge on the grounds of the circumstances that this person is namely the Client.
7.8. The Salesperson aims at publishing on the Website information that is as complete and precise as possible. Nevertheless the Salesperson does not ensure, claim and is not liable if the information provided on the Website is not fully authentic, precise, complete or error-free.
7.9. The Salesperson is not liable for the description and designation of the products offered on the Website.
8.0. The Salesperson and the information contained on the Website https://www.zaper.org/ as well as the products offered by it and on it do not aim at prescribing treatment. All kinds of treatments undertaken by the clients are upon their wish and at their sole responsibility.
Section. VIII Final provisions
8.1. No guarantee whatsoever, direct or indirect, as well as direct guarantee on the fitness for whatever purpose is provided concerning the accessibility, precision and reliability of pages’ contents of this Website. The Salesperson is not liable for whatever direct, indirect, special or consequential damages and losses caused by the use or the impossibility to use this information, even if the Salesperson was notified on the possibility of such damages.
8.2. IDELBULGAR LTD takes all due cares in order to avoid attacks against the Website initiated by third parties, but it cannot ensure that the Website is absolutely protected against such attacks and it, just like the Salesperson, is not liable for their possible consequences.
8.3. The Client is responsible for the maintenance of the complete equipment and/or services he/she needs for accessing the Website.
8.4. The Client and the Salesperson on the Website undertake to protect other party’s rights and legal interests, as well as keep their trade secrets of which the other became aware during the performance of the contract and these general terms and conditions. The Client and the Salesperson undertake during and after the expiration of the effective term of the contract not to make part of the public domain correspondence in writing or oral correspondence held between them. Making part of the public domain is publishing the correspondence in the press and digital media, online forums, personal or public websites etc.
8.5. In the case of contradiction between these general arrangements and arrangements in special contract entered between the salesperson and the Client, the prevailing ones would be the clauses of the special contract.
8.6. The possible invalidity of any provision of these general terms and conditions would not result in the invalidity of the whole contract.
8.7. These general terms and conditions and the contract entered between the Client and the Salesperson on the Website would be terminated in the following cases:
8.8. The Salesperson would have the right upon its discretion, without sending notification and without owing indemnity, to unilaterally terminate the contract, if it finds out that the Client is using the Website 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 practices when it comes to e-commerce.
8.9. In view of the issues not settled in this contract, concerning the performance and interpretation of this contract, the enforceable provisions are the ones contained in the legislation of the Republic of Bulgaria.
8.10. These General terms and conditions are up-to-date as of 28.10.2016. These could be modified at any time by the Salesperson after publishing their new edition at prominent place on its Website.