Art. 1. These general terms and conditions are intended to regulate the relations between RESTORE OOD, Sofia, 74 Popova Shapka Str., 4th floor, 4 apartment 16, UIC 202656820, represented by Tsvetomir Dikanski, hereinafter referred to as SUPPLIER, and the customers, hereinafter referred to as USERS, arising in connection with the use of the site and e-shop "www.restore.bg", hereinafter referred to as "E-SHOP", as well as relations related to the distance selling contract, concluded between the SUPPLIER and the USERS.
ІІ. SUPPLIER DATA
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the Provider: "RESTAURANT" Ltd.
2. Headquarters and address of management: Sofia, 74 Popova Shapka Str., 4th floor, apartment 16
3. Address for exercising the activity:, Sofia, Geo Milev quarter, 2 Shipchenski Prohod Blvd.
4. Correspondence data: Sofia, 74 Popova Shapka Str., 4th floor, apt. 16, Email: firstname.lastname@example.org, tel: +3592 416 00 77
5. The company RESTORE OOD is entered in the Commercial Register at the Registry Agency, UIC 202656820
6. Number of certificate for personal data controller № 386251 / 28.08.2013.
7. Supervisory authorities:
(1) Commission for Personal Data Protection
Address: Sofia, 15 Ivan Evstatiev Geshov Str.,
tel .: (02) 940 20 46 fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
(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
7. Registration under the Value Added Tax Act № BG 202656820
Art. 3. For the purposes of these General Terms and Conditions, the following terms are used:
1. Internet site - a set of web pages with a common title web page, which is loaded in your browser when you type the e-mail address www.restore.bg.
2. Provider - a natural / legal person that provides goods and / or services through the website.
3. User - any person who has entered the e-mail address or reached the website by redirection from another website in order to make purchases of goods electronically.
4. User profile (Account) - section of the Internet site, formed by e-mail address and personal password, allowing ordering by the User, containing comprehensive basic information about the history of his actions on the Internet site (orders, order movements, etc. .)
5. Order - an electronic document representing a communication form between the Provider and the User, through which the User declares to the Provider through the website his intention to purchase goods and / or services from the website.
6. Contract for distance selling - the contract concluded at a distance between the Provider and the User for purchase and sale of goods and / or services from the e-shop, an integral part of which are these General Terms. Each individual order is a separate distance sales contract.
7. Specifications - all characteristics and / or descriptions of goods and services as specified in their description, as well as all characteristics of the e-shop.
IV. CHARACTERISTICS OF E-SHOP
Art. 4. (1) E-SHOP is an e-shop available at the Internet address www.restore.bg, through which Users have the opportunity to enter into contracts for distance sales and delivery of goods offered by the E-SHOP, including the following:
1. To register and create a profile for viewing the E-SHOP and use the additional services to provide information;
2. To make electronic statements in connection with the conclusion or execution of contracts with the Provider through the interface of the E-SHOP page available on the Internet.
3. To conclude contracts for purchase and sale and delivery of goods offered by the Supplier through the E-SHOP
4. To make any payments in connection with the concluded contracts with the Provider through the E-SHOP, according to the payment methods maintained by the E-SHOP.
5. To receive information about new goods offered by the Provider through the E-SHOP.
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be informed about the rights arising from the law mainly through the interface of the E-SHOP page on the Internet;
8. To make electronic statements in connection with the conclusion or execution of contracts with the Provider through the interface of the e-shop page, available on the Internet at www.restore.bg.
(2) The Provider delivers the goods and guarantees the rights of the Users, provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) Users enter into a contract for distance purchase of goods offered by the Provider through the E-SHOP of the Provider, available on its website at www.restore.bg. The contract is concluded in Bulgarian and is stored in the database of the Provider.
(2) In order for the contract to be concluded, the User places an order after selecting a specific product and its quantity from the catalog of the website.
(3) Pursuant to the contract concluded with the Users for purchase and sale of goods at a distance, the Provider is obliged to deliver and transfer the ownership of the User to the goods determined by him through the interface. Users have the right to correct errors in entering information no later than sending the statement of conclusion of the contract Provider.
(4) The Users pay to the Provider the price for the delivered goods announced at the address of the E-SHOP on the Internet, as well as the price for delivery in accordance with the conditions specified on the site of the E-SHOP and in the present general conditions.
(5) The Provider delivers the goods ordered by the Users within the terms and under the conditions determined by the Provider on the website of the e-shop and in accordance with these general conditions.
(6) The price for the delivery shall be determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Provider agree that all statements between them in connection with the conclusion and performance of the contract of sale at a distance may be made as electronic statements within the meaning of Art. 2 of the Electronic Document and Electronic Signature Act. In accordance with Art. 11 of the Electronic Commerce Act, the statement for concluding the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(2) It is assumed that the electronic statements made by the Users of the site are made by the persons specified in the data provided by the User when registering, if the User has entered the appropriate name and password for access.
V. USE OF E-SHOP
Art. 7. (1) In order to use the E-SHOP for concluding contracts for purchase and sale of goods at a distance, the User must:
1. To register on the site of the E-SHOP, filling in all identification data required at the time of registration as a user of the site by creating your account in the platform of the site of the Provider, as accepted by these general terms;
2. To enter the name and password chosen by him for remote access, in cases where the E-SHOP requires it.
(2) The name and the password for remote access are determined by the User through electronic registration on the website of the Provider.
(3) By filling in his data and pressing the buttons "Yes, I accept" and "Registration", the User declares that he is familiar with these general conditions, agrees with their content and undertakes to comply with them unconditionally.
(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 sent. The Recipient confirms the registration and conclusion of the contract by electronic reference in the letter notifying him of the registration sent by the Provider. After the confirmation, an account of the User is created and a contractual relationship arises between him and the Provider.
(5) Upon registration, the User undertakes to provide accurate and up-to-date data. The user promptly updates the data specified in his registration in case of change.
Art. 8. (1) The users of the E-SHOP must provide during their registration their e-mail address ("Main contact e-mail address") for the purposes of communication and exchange of electronic statements with the Provider.
(2) By accepting these General Terms and Conditions, the users give their explicit prior consent under Art. 49, para. 1, item 3 of the Consumer Protection Act, the main contact e-mail address indicated by them to be used for communication and exchange of electronic statements with the Provider, including in the process of concluding and executing contracts for delivery of goods ordered by the user via ELECTRONIC SHOP.
(3) The user has the right to change his Primary contact e-mail address. Upon receipt of a request for change of the Main contact e-mail address, the Provider sends a request to confirm the change. The confirmation request is sent by the Provider to the new Primary contact e-mail address specified by the User. The change of the Primary contact e-mail address is made after confirmation by the User, expressed by a reference contained in the request for confirmation sent by the Provider to the new Primary contact e-mail address specified by the User.
(4) The Provider informs the User about the change, by e-mail, sent to the main contact e-mail address specified by the User before making the change under para. 3.
(5) The Provider is not responsible to the User for illegal change of the Main contact e-mail address.
(6) The Provider may require from the User the use of the Main contact e-mail address in specific cases.
VI. PROTECTION OF PERSONAL DATA
Art. 9 (1) The Provider takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act and the General Regulation on Personal Data Protection Regulation (EU) 2016/679 (GDPR) and collects, stores and processes personal data of Users and The users on the grounds, for the purposes, within the terms and in compliance with the rights of the persons according to the Mandatory information about the rights of the persons for personal data protection, available on the internet address of the Provider.
(2) The Provider sends the personal data only to the e-mail address specified by the User at the time of registration.
(3) The Provider reserves the right to store the personal data of the User, unless the User has expressed his explicit disagreement with this.
(4) With the express consent of the User or the User, the Provider has the right to send him at any time electronic messages, including newsletters or offers to purchase goods.
(5) The User or the User agrees that the Provider has the right to collect, store and process data on the behavior of the User or the User when using the e-shop of the Provider for the purposes of improving the services provided.
Art. 10 (1) At any time, the Provider 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.
In case 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", available on the website of the Provider, available at http: // restore.bg/password-recovery
VII. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this section apply only to Users for whom, according to the data specified for the conclusion of the distance selling contract or when registering in the E-shop, it can be reasonably concluded that they are users within the meaning of the Protection Act. consumers ("CPA"), the Electronic Commerce Act ("ETA") or Directive 2011/83 / EC of the European Parliament and of the Council of 25.10.2011
Art. 12 (1). The main specifications of the goods offered on the website of the Supplier are defined in the profile of each product.
(2) The value of the postal or transport costs, not included in the price of the goods, shall be indicated by the Provider and shall be provided as information to the Users when choosing the goods for concluding the distance selling contract.
(3) The methods of payment, delivery and performance of the contract are determined in these general terms and conditions and the information provided to the User through the mechanisms on the website.
(4) The information provided to the Users under this Article is up-to-date at the time of its visualization on the website www.restore.bg before the conclusion of the distance selling contract.
(5) Users agree that all information required by the Consumer Protection Act may be provided through the website www.restore.bg or e-mail.
(6) Discounts, promotions and gifts are provided by the Provider to the Consumers in compliance with the requirements of the Consumer Protection Act and according to the conditions announced by the Provider through the e-shop for the respective goods.
Art. 13. The user pays for the ordered goods by bank transfer, using the online platform available through the e-shop.
Art. 14 (1) Upon execution of the order, the User shall be notified of the costs related to the delivery of the goods, and they shall be borne entirely by him. The costs related to the delivery of the goods are determined depending on the number, volume and weight of the ordered goods, the location of the recipient, the day of delivery, and whether the delivery is made to the office of courier services or to the address of the User.
(2) The conditions and costs for delivery of goods outside the territory of the Republic of Bulgaria shall be determined depending on the number, volume and weight of the ordered goods, the settlement of the recipient, the day of delivery, and whether the delivery is made to an office of courier services or to the address of the User.
Art. 15. The delivery of the goods is made to the address indicated by the User or to the address of the office of a courier company.
Art. 16 (1) The consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of acceptance of the goods through the uniform form for withdrawal from the contract, available online the website of the Provider and in Appendix № 1 to these general terms and conditions. Information on the exercise of the right of withdrawal is also available in Annex № 2 to these general terms and conditions.
(2) The right of refusal under para. 1 shall not apply in the following cases:
1. for delivery of goods made to the consumer's order or ordered according to his individual requirements;
2. for goods received as a gift or as an addition from a promotional campaign;
3. for the provision of services in which the service is fully provided and its implementation has begun with the explicit prior consent of the user and confirmation by him that he knows that he will lose his right of withdrawal after the contract is fully performed by the Provider;
(3) The User may exercise his right to withdraw from the contract with the Provider by sending a written statement to the Provider through the standard form for withdrawal from the contract, available on the website of the E-shop and in Appendix № 1 to these general terms.
(4) The warranty obligations provided for in the law shall apply to all goods sold. The warranty does not apply in case of damage and damage resulting from natural wear and tear of the product, improper use (installation), as well as as a result of non-compliance with the rules of operation or due to negligence. The guarantee does not apply in case the User independently repairs the goods and as a result of the repair the identified defect of the goods has become even more apparent. In case of warranty, the User has the right to choose from the Supplier to eliminate the defects of the product or replace it with a product with quality that meets the relevant specifications of the product. In case the method chosen by the User for elimination of the defect is associated with excessive costs, the User will be offered another similar option. In case of replacement, the Supplier shall provide a product with the same characteristics and quality, corresponding to the specifications of the product, if any. In the absence of such goods and in case of consent of the User, the Supplier may replace the product with the same specifications, but of higher quality, and the difference in price is paid by the consumer. The rights of the User, in particular the right to terminate the contract of sale, are applicable only after the expiration of the period provided for elimination of defects or in case of two unsuccessful attempts of the Provider to compensate the damage to the User. In case of replacement of goods within the warranty obligations of the Supplier, a new warranty period for the replaced goods is not provided. In case the product offered by the Supplier includes the provision of special warranty cases, this information will be included in the description of the respective product, as the warranty applies only to the respective product.
(5) The consumer shall enjoy all rights arising from the legal guarantee under Art. 103a et seq. Of the Consumer Protection Act.
Art. 17 (1) When the Consumer has exercised his right to withdraw from the distance contract, he should return the goods to the Supplier in good commercial condition and packaging no later than 14 days from receipt of the shipment.
(2) All costs for the return of the goods from the User to the Supplier shall be entirely at the expense of the User.
(3) The consumer may use a courier at his discretion for the return of the goods, as all costs in connection with the return are entirely at his expense.
(4) The consumer is obliged to store the goods received from the Supplier and to ensure the preservation of their quality, commercial appearance and safety during the period under para. 1.
Art. 18 (1) In case of withdrawal from the contract by the User, the Provider refunds the amount paid within 14 days after receipt of the returned goods by bank transfer to a bank account specified by the User and in compliance with the following requirements:
1. in case of returned and received by the Supplier goods in proper commercial form, without visible pollution and / or damage, as a result of use or other circumstances;
2. in the presence of an attached payment document for the purchase of the goods.
(2) The consumer shall inspect the goods for compliance with his order directly before the official of the courier company. In case of no objection at this time, it is considered that the User has accepted the delivery as corresponding to the order.
(3) The refund of the amount paid in case of withdrawal from the contract upon fulfillment of the conditions under para. 1, shall be made only by bank transfer to a bank account specified by the User.
Art. 19 (1) The consumer shall present the purchased goods for replacement not later than 30 days from its receipt, by obligatorily presenting a receipt or invoice for the purchased goods.
(2) The supplier has the right to refuse to accept the presented replacement if it establishes contamination or damage of the goods, as well as if it has not been returned in its original packaging.
(3) The supplier shall replace the purchased goods with other goods of the same type and quality, or in the absence of such - with goods of the customer's choice for the same value. In case the product was in promotion at a reduced price, the customer has the right to exchange with another product at the same price that the customer actually paid to the Supplier.
Art. 20 (1) Orders placed on the site www.restore.bg are confirmed, processed and sent by the Provider within 1 to 3 working days from the day on which the order is placed.
(2) In case of an order made on Friday after 2 pm, Saturday and Sunday, as well as during the official weekends for the Republic of Bulgaria, the term for processing under para. 1 runs from the first working day.
(3) The term of delivery of the goods is determined for each product separately at the conclusion of the contract with the consumer through the site www.restore.bg
(4) In case the User and the Supplier have not determined a term for delivery, the term of delivery of the goods is from 3 to 10 working days, as of the date of sending the order.
(5) In case the goods are not available in the warehouse of the Supplier at the time of ordering, the delivery time shall be further specified. The user will be notified of the above.
(6) If the Supplier cannot fulfill the contract due to the fact that he does not have the ordered goods, he shall be obliged to inform the consumer thereof and to refund the amounts paid by him.
Art. 21. The present general conditions and the contract of the User with the Provider are terminated in the following cases:
1. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
2. by mutual consent of the parties in writing;
3. in case of objective impossibility of any of the parties to the contract to fulfill its obligations;
4. in case of seizure or sealing of the equipment by state bodies;
5. in case of deletion of the User's registration the e-shop of the Provider. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution.
Art. 22. The Provider has the right at its discretion, without notice and without due compensation to terminate the contract unilaterally, if it finds that the User uses the e-shop in violation of these general terms, legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in e-commerce.
Art. 23. The User undertakes to indemnify and release the Provider from legal claims and other claims of third parties (whether justified or not), for all damages and costs (including attorney's fees and court costs) arising from or in connection with (1) non-fulfillment of any of the obligations under this contract, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights, (3) illegal transfer to others of the rights granted to the User , for the term and under the terms of the contract and (4) false declaration of the presence or absence of consumer quality within the meaning of the Consumer Protection Act.
Art. 24. The provider is not responsible in case of force majeure, accidental events, problems with the Internet, delay of couriers, delay of banks, technical or other objective reasons, including orders of the competent state authorities.
Art. 25 (1) The Provider shall not be liable for damages caused by the User to third parties.
(2) The Provider is not liable for property or non-property damages, expressed in lost profits or damages caused to the User in the process of using or not using the E-shop and concluding distance selling contracts with the Provider.
(3) The provider is not responsible for the time during which the e-shop was not available due to force majeure, technical or other objective reasons, including orders of competent state authorities.
(4) The Provider is not responsible for damages from comments, opinions and publications under the products in the E-shop.
Art. 26 (1) The provider shall not be liable in case of overcoming the security measures of the technical equipment and the consequent loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Provider is not responsible in case of concluding a contract of sale, providing access to information, loss or alteration of data occurred as a result of false identification of a third party who presents himself as the User, if the circumstances may judge that this person is the User.
X. OTHER CONDITIONS
Art. 27 (1) The User and the Provider in the E-shop are obliged to mutually protect their rights and legitimate interests, as well as to keep their trade secrets, which became their property in the process of performance of the contract and these general conditions.
(2) The User and the Provider are obliged during and after the expiration of the contract period not to make public written or oral correspondence conducted between them. The publication of correspondence in print and electronic media, internet forums, personal or public websites and others can be considered public domain.
Art. 28. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
29 (1) The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
(2) In case of failure to reach an agreement for resolving the dispute out of court, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Consumer Protection Commission.
Art. 30. These general terms and conditions enter into force for all Users of www.restore.bg, as of 01.04.2020.
Regulation № 1 - Standard form for
Exercise of the right to withdraw from the contract
(fill in and send the current form only if you wish to withdraw from the contract)
- To RESTORE OOD, Sofia, 74 Popova Shapka Str., 4th floor, apartment 16, UIC 202656820, represented by Tsvetomir Dikanski
- I hereby inform you that I am withdrawing from the conclusion of my agreement for the purchase of the following goods:
- Paid on * / received on *
- Name of the user (s)
- Address to the user (s)
- Subscribe to the user (s) (only if the current form is for the user)
*Unnecessary things can be erased.
Regulation 2 - Information concerning the exercise of the right to withdraw from the contract
І. The right to withdraw from the contract from the standpoint or outside the trade object.
ІІ. You have the right to withdraw from the current contract, without giving any reasons, within 14 days.
III. The cancellation period is 14 days from the date on which the person or third party, other than the carrier and at the discretion of Bac, entered into possession.
In order to comply with the right of withdrawal, you must inform us of the contact details and the decision to withdraw from the contract with the latter.
You can use the standard defaults form, but this is optional. You can also fill in and submit electronically.
The standard refusal form or other unambiguous application for refusal on our website. If you use this feature, we will immediately send it to you on e-mail (for example, by e-mail). In order to save the time for the withdrawal from the contract, it is enough to send the message to the other party, and to the right to withdraw from the contract before the expiration of the contract.
IV. Actions of the father.
If you withdraw from this contract, we will refund all payments we have received from you, except for additional costs associated with your chosen method of delivery, without undue delay and in any case, no later than 14 days as of the date on which you inform us of your decision.
We will make the refund according to the bank account specified by you; in any case, this recovery will not be linked to any costs for You.We have the right to postpone the refund until we receive the goods back or until you provide us with proof that you have sent the goods back, depending on which of the two events occurred earlier.
You must bear the direct cost of returning the goods. Costs are not expected to exceed approximately the amount of delivery or standard courier service. You are solely responsible for reducing the value of the goods due to their non-use, other than what is necessary to establish their nature, characteristics and function.