GENERAL
Art. 1. The existing General terms of use are intended for the regulation of the relations and represent an agreement between Armira International Ltd. (the Merchant) in its capacity as an operator of the website – pawlabs.bg (the Platform), on one hand and every single Consumer or visitor (the Consumer, the Consumers), opened the website on their internet browser, on the other.
Art. 2. The use of the services of Armira International Ltd. is possible only after the acceptance of the General terms of use. Every single action of the Consumer, after the website pawlabs.bg has loaded on the browser, presents an electronic statement that he has agreed with the existing General terms of use and has reached 16 years of age.
DATA
Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:
Name: Armira International Ltd.
Headquarters and address management: Sofia, zh.k. Darvenitsa, bl. 13, ent. E, ap. 178
Address for conducting the activity and address for complaints from the Consumers: Sofia, zh.k. Darvenitsa, bl. 13, ent. E, ap. 178
Correspondence data: Sofia, zh.k. Darvenitsa, bl. 13, ent. E, ap. 178
Supervisors:
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Commission for Personal Data Protection
Address: Sofia, Prof. Tsvetan Lazarov №2,
Tel.: (02) 940 20 46
Fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
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Consumer Protection Commission
Address: 1000 Sofia, Slaveykov Squer №4, fl. 3, 4 and 6,
Tel.: 02/980 25 24
Fax: 02/988 42 18
Hotline: 0700 111 22
Website: www.kzp.bg
SUBJECT
Art. 4. pawlabs.bg is an e-commerce platform, available at the Internet address pawlabs.bg, through which the Consumers have the opportunity to:
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Conclude contracts for purchase and sale and delivery of the offered wares;
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Register and create a profile in the e-shop and use the services for provided information;
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Look through merchandise, prices, terms of delivery;
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Make payments in conjunction with the contracts concluded through the Electronic means of the payment platform.
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Gain information about new wares and services, offered by the Merchant.
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Make e-applications in conjunction with the conclusion or implementation of contracts with the Merchant in the Platform.
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Be informed of the rights, deriving from the law, mainly through the interface of the Platform.
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Practice the right of withdrawal, when it’s applicable, by the Consumer Protection Act.
Art. 4. The Consumers conclude a contract with the Merchant in the Platform for purchase and sale of the wares, on pawlabs.bg. The contract is concluded in Bulgarian and is stored in the database of the Merchant. By the virtue of the concluded contract with the Merchant for the purchase and sale of the wares, the Merchant in the Platform obligates to organize the delivery and transfer of the Consumer’s ownership, specified by him through the interface in the Platform.
The Consumers have the right to correct errors in the introduction of the information no later than submitting the statement for concluding the contract with the Merchant in the Platform.
The Consumers pay the Merchant remuneration for the delivered wares, according to the conditions determined in the Platform and the existing general conditions. The remuneration is in the amount of the price, announced in the Platform. The Merchant Armira International Ltd. organizes the delivery of the wares and guarantees the rights of the Consumers, provided by the act.
Art. 6. The Consumer and the Merchant agree that all statements between them in connection to the conclusion and implementation of the contract should be made electronically and through e-statements within the meaning of the Electronic Commerce Act and the Electronic Document and Electronic Signature Act.
REGISTRATION FOR USING THE PLATFORM
Art. 7. For the Platform to be used for concluding a contract for purchase and sale of the wares, the Consumer should enter the name and password that he has chosen or to get legitimized through his profiles in FACEBOOK or GOOGLE, which counts for accepting the existing general conditions.
Art. 8. The Consumers have the chance to make wares delivery order and a profile from the social media FACEBOOK or GOOGLE.
Art. 9. By filling the data and pressing the “Order” button, the Consumer declares that he is familiar with the general conditions, he agrees with their containment and is obligated to comply to them unconditionally.
Art. 10. The Merchant confirms the Consumer has finished the order through e-mail or through the phone and between the Consumer and the Merchant are established contract relations.
CONCLUDING A CONTRACT FOR PURCHASE AND SALE
Art. 11. The Consumers use the Merchant’s website in the Platform or make their orders through social media in FACEBOOK or GOOGLE so they can conclude contracts for purchase and sale from the reviewed by the Merchant wares/services.
Art. 12. In the cases of ordering wares without registration from the side of the Consumer, he accepts these general conditions during the delivery. It’s considered that the Consumer has accepted the existing general conditions by accepting the wares’ delivery.
Art. 13. The Consumers conclude the contract for purchase and sale for the wares in the Platform through the following procedure: Entering the system for placing orders in the Platform; choosing one or more of the wares offered by the Merchant in the Platform and adding them to a list of wares to purchase; providing the necessary data for individualization of the Consumer as a part to the contract; providing delivery details; choice of type and time of payment of the price; order confirmation by phone or e-mail.
CONTENT OF THE CONTRACT
Art. 14. The Merchant and the Consumer conclude separate contracts for purchase and sale of the wares, requested by the Consumer, regardless of fact that they are selected with one e-statement and from one list of wares for purchase. The rights of the Consumers in connection with the delivered wares are practiced separately for each contract for purchase and sale. The Consumer can pay the price for the separate contracts for purchase and sale at once when performing the order of the wares or during the delivery.
Art. 15. The wares’ main characteristics, offered by the Merchant, are defined in the profile of each product in the Platform.
Art. 16. The price of the wares includes all taxes and fees and is determined by the Merchant in the profile of each product in the Platform.
Art. 17. The value of the postage or transport costs, not included in the prices of the wares, is determined by the Merchant and is provided as information to the Consumer when choosing the wares for concluding the contract for purchase and sale.
Art. 18. The methods of payment, delivery and performance of the contract are determined in the existing general conditions and the information provided by the Consumer.
Art. 19. The information provided to the Consumer is current at the moment of its visualization in the Platform before the conclusion of the contract for purchase and sale.
Art. 20. The Consumers agree that all the required by the Consumer Protection Act information can be provided through the Platform or by e-mail.
Art. 21. The Consumer agrees that the Merchant has the right to accept advanced payment for the concluded with the Consumer contracts for purchase and sale of wares and their delivery.
Art. 22. The Consumer chooses whether to pay to the Provider in the Platform the price for delivery of the wares before or at the moment of their delivery.
Art. 23. The Consumer chooses whether to pay by credit or debit card, PayPal or cash on delivery. In case the value of the Consumer’s order is equivalent to or exceeds BGN 10,000, the payment is made only by transfer or deposit by the Merchant’s payment account.
Art. 24. The Consumer has the right, without paying compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the acceptance of wares from the Merchant date.
Art. 25. The right of withdrawal doesn’t apply in the following cases:
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For delivery of wares, made by order from the Consumer or according to his individual requirements.
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For of wares, which due to their nature may deteriorate their quality or have a short shelf life.
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For delivery of sealed wares, which are unsealed after their delivery and cannot be returned due to reasons related to hygiene or health protection.
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For delivery of wares, which after they have been delivered and due their nature have been mixed with other wares of which they cannot be compartmented.
Art. 26. Where the Merchant has not complied with his obligations to provide information, defined in the Consumer Protection Act, the Consumer has the right to withdraw from the contract within one year and 30 days from the date of receipt of the wares. When the information is provided to the Consumer within the withdrawal period, it shall run from the date of its provision. The Consumer has the right to send the statement of refusal under this article directly to the Merchant.
Art. 27. When the Consumer has exercised his right to withdraw from the distance contract or from the contract outside the commercial site, the Merchant refunds all amounts received from the Consumer, without undue delay and no later than 14 days from the date on which it is was informed of the Consumer's decision to withdraw from the contract. The merchant refunds the amounts received using the same means of payment used by the Consumer in the initial transaction unless the Consumer has expressly agreed to use another means of payment and provided that this is not related to costs for the Consumer.
Art. 27. When exercising the right of withdrawal, the costs for returning the delivered wares shall be deducted from the amounts for refund except in cases where the Consumer organizes himself and at his own expense the return of wares. The Merchant is not obliged to reimburse the additional costs for delivery of the wares when the Consumer has explicitly chosen the method of delivery of wares other than the cheapest type of standard delivery offered by the Merchant.
Art. 28. The Consumer is obliged to store the wares received by the Merchant and to ensure the preservation of their quality and safety during the term under Art. 27.
Art. 29. The Consumer may exercise his right to withdraw from the contract with the Merchant by sending a written statement to the Provider.
Art. 30. Where the Merchant has not offered to collect the wares himself, he may withhold planning the amounts of the Consumer until he receives the wares or until the Consumer provides proof that he has sent the wares back.
Art. 31. The Consumer undertakes to return the wares in a commercial form that allows its subsequent sale, unless the unpacking of the wares leads to a clear violation of the commercial appearance of the wares, such as but not only a destructible box, airtight packaging and other similar cases. In case of damaged commercial type of the wares, the Merchant has the right at its discretion to refuse to accept withdrawal from the contract or to charge the Consumer costs for the restoration of the wares in commercial form.
Art. 32. In case of exercising the right of withdrawal from the contract, it is considered that the Consumer has exercised the right of withdrawal in respect of the bonus content belonging to the wares.
Art. 33. The term of delivery of the wares is determined for each wares separately at the conclusion of the contract with the Consumer through the Merchant's website.
Art. 34. In case the Consumer and the Merchant have not set a delivery time, the delivery time of the wares is 30 calendar days from the date following the sending of the Consumer's order through the Auctions site on the Platform.
Art. 35. If the Merchant cannot fulfill the contract due to the fact that he does not have the ordered wares, he is obliged to notify the Consumer and to refund the amounts paid by him.
PERFORMANCE THE CONTRACT
Art. 36. The Merchant may organize the delivery and delivery of the goods to the User by an appropriate courier within the period specified at the conclusion of the contract. If the term is not explicitly agreed between the parties at the conclusion of the contract, the Merchant organizes the delivery and delivery within a reasonable time.
Art. 37. The consumer should inspect the goods at the time of delivery and delivery and if it does not meet the requirements to notify the Merchant immediately. If the User does not notify the Merchant, the goods are considered approved as meeting the requirements, except for hidden defects.
Art. 38. The trader is not obliged to provide the necessary service for the goods.
Art. 39. For the cases not settled in this section the rules of commercial sale, determined in the Commercial Law and the Consumer Protection Act, shall be applied.
PROTECTION OF PERSONAL DATA
Art. 40. The Merchant takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
Art. 41. The personal data of the User, the Merchant will send the data only to the e-mail address that was specified by the user at the time of registration.
Art. 42. The Merchant has the right to store data in the final communication device of the User unless the latter explicitly expresses his disagreement.
Art. 43. The User agrees that the Merchant has the right to send at any time electronic messages to the User, including newsletters or offers to purchase goods, as long as there is a registration of the User in the e-shop of the Merchant.
Art. 44. The User agrees that the Merchant has the right to collect, store and process data on the behavior of the User when using the e-shop of the Merchant.
Art. 45. At any time, the Merchant 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.
Art. 46. In case for any reason the User has forgotten or lost his name and password, the Merchant has the right to apply the announced “Procedure for lost or forgotten names and passwords ”, available on the Merchant’s website.
AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 47. These general terms and conditions may be amended by the Merchant, for which the latter will notify all registered Users in an appropriate manner.
Art. 48. The Merchant and the User agree that any additions and amendments to these general conditions will have effect on the User in one of the following cases:
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After its explicit notification by the Merchant and if the User does not declare within the 14-day period that he rejects them; or
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After their publication on the Merchant's website and if the User does not state within 14 days of their publication that he rejects them;
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With its explicit acceptance by the User through his account on the Merchant's website.
Art. 49. The User agrees that all statements of the Merchant in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.
Art. 50. The Merchant publishes these general terms and conditions on the address agmira.bg/obshti-uslovia with all additions and amendments in them.
TERMINATION
Art. 51. The present general terms and conditions of the User's contract with the Merchant are terminated in the following cases: upon termination and declaration of liquidation or declaration of bankruptcy of one by the parties to the contract; by mutual consent of the parties in writing, in case of objective impossibility of any of the parties to the contract to perform is their obligations; in case of seizure or sealing of the equipment by state bodies; in case of deletion of the User's registration in the Platform. In this case, the concluded but not executed contracts of sale remain in force and are subject of performance;
Art. 52. The trader has the right at his own discretion, without giving notice and without paying compensation to terminate the contract unilaterally in case it finds that the User uses the Platform in violation of these general terms and conditions, the legislation in Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practice in e-commerce.
RESPONSIBILITY
Art. 53. The User undertakes to indemnify and release from liability the Merchant in case of lawsuits 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-performance of any of the obligations under this contract, (2) infringement of copyright, production rights of broadcasting or other intellectual or industrial property rights, (3) illegal transfer to other persons 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. 54. The trader shall not be liable in case of force majeure, accidental events, problems on the Internet, technical or other objective reasons, including orders of the competent state authorities.
Art. 55. The Merchant is not liable for damages caused by the User to third parties. The Merchant 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 pawlabs.bg and concluding sales contracts with the Merchant.
Art. 56. The Merchant is not responsible for the time during which the Platform was not available due to force majeure.
Art. 57. The Merchant is not liable for damages from comments, opinions and publications under the products, news and articles in the Platform.
Art. 58. The trader is not responsible in case of overcoming the security measures of technical equipment and consequent loss of information, dissemination of information, access to information, restriction of access to information and other similar Effects.
Art. 59. The trader shall not be liable in case of concluding a contract of sale, granting access to information, loss or change of data occurred. as a result of false identification of a third party, who introduces himself as the User, if from the circumstances it can be judged that this person is the User.
OTHER TERMS
Art. 60. The User and the Merchant undertake 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.
Art. 61. The User and the Merchant are obliged during and after the expiration of the contract period not to make a public written or oral correspondence between them. The publication of correspondence in print and electronic media, internet forums, personal or public websites, etc. can be considered public.
Art. 62. In case of contradiction between these general terms and conditions in a special contract between the Merchant and the User, the provisions of the special contract shall apply with priority.
Art. 63. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
Art. 64. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the performance and interpretation of the contract.
Art. 65. These general terms and conditions enter into force for all Users on 7.11.2020.