GENERAL TERMS AND CONDITIONS OF DI AI ES EOOD FOR THE USE OF THE ONLINE STORE www.dismarket.eu
GENERAL TERMS AND CONDITIONS
FOR THE USE OF SERVICES PROVIDED BY THE MERCHANT
GENERAL PROVISIONS
These General Terms and Conditions regulate the procedure, manner and conditions for the purchase and sale of products carried out through the online store www.dismarket.eu of DI AI ES EOOD.
These General Terms and Conditions constitute a sales agreement between DI AI ES EOOD, with registered office in the city of Varna, Vladislav Varnenchik residential district, Block 309, UIC 204025565, hereinafter referred to as the MERCHANT, and its CLIENTS, and establish in advance the terms and conditions under which ownership of the goods sold is transferred and payment of their price is made.
The Merchant provides the Client with the opportunity to purchase goods offered through the online store by placing an order and paying the corresponding price, subject to these General Terms and Conditions.
The sales agreement between the Merchant and the Client shall be considered concluded from the moment the order placed by the Client is confirmed, and in the case of ordering an item that is not in stock, the agreement shall be considered concluded from the moment the price of the goods is paid.
I. GENERAL PROVISIONS
1. This document contains the General Terms and Conditions under which the MERCHANT provides services to its users/clients through the online store www.dismarket.eu. These terms are binding on all users. By clicking the “Buy” button, the user/client agrees to, fully accepts and undertakes to comply with these General Terms and Conditions.
2. Identification of the user/client for the purpose of reproducing their statement regarding both the acceptance of the General Terms and Conditions and the order placed shall be carried out through data stored in the server log files of www.dismarket.eu, the storage of the user/client’s IP address, as well as any other information.
3. The products displayed on www.dismarket.eu do not constitute a legally binding offer, but rather an illustrative online catalogue describing the Merchant’s product range.
4. After clicking the “Cart” button, users agree to purchase the goods placed in the shopping cart. This action is legally binding. The Client receives an order confirmation, and upon receipt of this confirmation, the agreement shall be considered concluded.
5. The MERCHANT reserves the right to refuse delivery of a confirmed order in the event that the goods are unavailable. If the requested goods are out of stock, the MERCHANT shall notify the user/client within the working week by sending a message to the email address or telephone number provided by the Client.
If payment has already been transferred to the Merchant’s account, the Client may choose between reimbursement of the amount paid, cancellation of the order, or placing a replacement order.
6. The contractual language shall be Bulgarian, and payments shall be made in EUR with/without VAT.
II. DELIVERY
7. The CLIENT is obliged to provide the following information in the electronic delivery form: first and last name / company name of the CLIENT or of the person who will receive the delivery; exact delivery address including street, number and, where applicable, block, entrance, floor and apartment; postal code; name of the settlement; telephone number; and email address for contact.
Delivery shall be carried out by the courier company ECONT EXPRESS or by another courier company expressly specified at the Client’s request and shall be at the CLIENT’s expense.
The user/client assumes the entire risk of damage to or loss of the goods during delivery. Immediately after the goods are handed over to the courier, the MERCHANT shall be released from such risk, which shall be transferred to the user/client.
The MERCHANT shall not be liable for delays where such delays are caused by the courier or another delivery service provider.
8. Immediately upon delivery, the goods must be carefully inspected by the user/client or by a person authorised by them. Any damage, impact marks or other defects must be reported immediately to the MERCHANT.
Where damage caused during transportation is established, the MERCHANT shall not be responsible for warranty service relating to such goods.
Where the MERCHANT has specified a particular delivery date and time in writing, such statement shall be binding.
If an incorrect or inaccurate address, contact person and/or telephone number is provided when placing the order, the MERCHANT shall not be bound by any obligation to fulfil the order.
8a. Upon delivery of the goods, the user/client or a third party shall sign the accompanying documents.
A third party shall mean any person who is not the person who placed the order but accepts delivery of the goods at the address specified by the Client.
If the Client refuses to accept the goods, except in the cases described below, such refusal shall be considered unjustified and the Client shall be liable for the delivery and return shipping costs.
If the Client cannot be found at the specified address within the delivery period, or if access and appropriate conditions for handing over the goods are not provided within that period, the MERCHANT shall be released from its obligation to deliver the goods ordered for purchase.
8b. Where the delivered goods clearly do not correspond to the goods ordered by the Client and this can be established through an ordinary inspection, the Client may request replacement of the delivered goods with goods corresponding to the purchase order within 24 hours of receiving them.
III. WARRANTY PERIODS
Upon receipt of the goods, the Client is obliged to inspect them immediately. If any obvious defects and/or missing accompanying accessories are identified, the Client must immediately inform the person carrying out the delivery.
The MERCHANT shall not be liable for improper use of the goods.
IV. PRICES
9. The prices stated on the website do not include packaging and transportation to the address specified by the Client.
Where goods are shipped outside the territory of the Republic of Bulgaria, the user/client shall pay all customs duties and other charges related to the export.
The prices on the website are stated in EUR with/without VAT.
Payment for purchases made through the online store may be made by one of the following methods:
by bank transfer against a proforma invoice, prior to dispatch of the goods, unless otherwise agreed;
by cash on delivery when delivered by courier, provided that this option is available for the respective product.
Where purchases made through the online store are paid by bank transfer, the Buyer shall pay the amount due within 7 (seven) working days after confirmation of the order by the Seller.
If the amount due for a particular order is not received in the Seller’s bank account within the above-mentioned period, the Seller shall consider that the Buyer has withdrawn from the order and shall cancel the order on the grounds of “payment not received”.
V. RETURN OF PRODUCTS PURCHASED FROM THE ONLINE STORE
10. Within 7 (seven) working days from the date of delivery of the goods, a CLIENT who is not a trader within the meaning of the Bulgarian Commerce Act shall have the rights provided for under Article 55 of the Consumer Protection Act.
11. If the CLIENT exercises their rights under Article 55 of the Consumer Protection Act, they must send a statement of withdrawal from the concluded agreement to the MERCHANT and return the goods at their own expense.
The goods must be returned intact, complete with all accompanying documents, without any external or internal defects and in the manufacturer’s original packaging, with the delivery costs borne by the CLIENT.
If the CLIENT fails to comply with the above conditions, the MERCHANT shall have the right to refuse cancellation of the concluded agreement.
A finished/custom-made product ordered by the CLIENT cannot be returned.
12. The statement under Article 55 of the Consumer Protection Act shall be sent to the address specified on the contact page of this website.
13. The CLIENT is obliged to store the goods received by them and to ensure the preservation of their quality and safety.
14. The MERCHANT is obliged to reimburse the CLIENT in full for the purchase price paid no later than 30 (thirty) days from the date on which the CLIENT exercised the above-mentioned right.
15. The MERCHANT shall not be liable for expenses incurred by the CLIENT in connection with the purchase of the goods.
VI. RIGHTS AND OBLIGATIONS OF THE USER/CLIENT
16. The user/client has the opportunity to browse and, following registration, order the goods offered in the online store www.dismarket.eu.
17. The user/client has the right to obtain information regarding the status of their order.
18. The user/client bears full responsibility for protecting their username and password, as well as for all actions carried out by them or by a third party using the username and password.
The user is obliged to notify the MERCHANT immediately of any unauthorised access using their username and password, as well as whenever there is a risk of such unauthorised use.
19. The user is obliged to pay the price of their order according to the payment method stated on www.dismarket.eu.
20. Every user, regardless of whether they are a CLIENT of the MERCHANT, undertakes, when using the services:
not to violate and to respect the fundamental rights and freedoms of citizens and human rights in accordance with the Constitution and the laws of the Republic of Bulgaria and recognised international instruments;
not to damage the reputation of others and not to call for violent changes to the constitutionally established order, the commission of crimes, violence against individuals, or the incitement of racial, national, ethnic or religious hostility;
not to infringe the property or non-property rights and interests of others, whether absolute or relative, including ownership rights, intellectual property rights, etc.;
to comply with Bulgarian legislation, applicable foreign laws, generally accepted moral standards and Internet etiquette when using the services provided by www.dismarket.eu;
to notify the MERCHANT immediately of any violation committed or discovered while using the services provided;
not to upload, send, transmit, distribute or use in any manner, or make available to third parties, software, computer programs, files, applications or other materials containing computer viruses, unauthorised remote-control systems (“Trojan horses”), computer codes or materials intended to interrupt, hinder, disrupt or restrict the normal operation of computer hardware, software or telecommunications equipment, or intended to enable unauthorised penetration into or access to third-party resources or software;
not to perform malicious actions;
to compensate the MERCHANT and all third parties for any damages suffered and lost profits, including any expenses and legal fees incurred as a result of claims brought and/or compensation paid to third parties in connection with web pages, hyperlinks, materials or information that the User has used, placed on the server, sent, distributed, made available to third parties or otherwise made accessible through the website in violation of the law, these General Terms and Conditions, generally accepted moral standards or Internet etiquette.
20a. The Client undertakes to provide an accurate and valid telephone number, delivery address and email address, to pay the price of the goods, to pay the delivery costs where delivery is not free of charge, and to provide access and the necessary conditions for receiving the goods.
Unless expressly stated that delivery is free of charge, delivery shall be considered chargeable.
VII. RIGHTS AND OBLIGATIONS OF THE MERCHANT
21. The MERCHANT has neither the obligation nor the objective possibility to control the manner in which users use the services provided.
22. The MERCHANT has the right, but not the obligation, to retain materials and information stored on the server of www.dismarket.eu.
23. The MERCHANT has the right, at any time and without notifying the user/client, where the latter uses the services in violation of these terms, as well as at the MERCHANT’s discretion, to terminate, suspend or modify the services provided in connection with the use of the website.
The MERCHANT shall not be liable to users or third parties for damages suffered or lost profits arising from the termination, suspension, modification or restriction of the services, or from the deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, stored or made available through www.dismarket.eu.
23a. Following receipt of payment, the MERCHANT undertakes to transfer ownership of the goods ordered by the user/client, to deliver the ordered goods within the agreed period and to check each product for technical functionality prior to dispatch, where this is possible without compromising the integrity of the packaging.
24. The MERCHANT shall not be liable for damage caused to software, hardware or telecommunications equipment, or for loss of data resulting from materials or resources searched for, downloaded or used in any way through the services provided.
Advice, consultations or assistance provided by the MERCHANT’s specialists and employees in connection with the use of the services by users shall not give rise to any liability or obligations on the part of the MERCHANT.
The company shall not be liable where information provided by the manufacturer about the goods is inaccurate.
25. The MERCHANT has the right to collect and use information relating to its users/clients, regardless of whether they are registered.
26. The information referred to in the preceding clause may be used by the MERCHANT unless the User expressly objects by sending an email to office_dis@mail.bg.
The MERCHANT collects and uses such information in order to improve the services offered. All purposes for which the MERCHANT uses such information shall comply with Bulgarian legislation, applicable international instruments and generally accepted moral standards.
27. The MERCHANT shall not be liable for failure to fulfil its obligations under this agreement where circumstances arise which the MERCHANT did not foresee and was not obliged to foresee, including accidental events, problems affecting the global Internet network and the provision of services beyond the MERCHANT’s control.
28. The MERCHANT has the right to install cookies on users’ computers.
Cookies are text files stored by the website on the User’s hard drive that enable information about the User to be retrieved, identify the User and allow tracking of their actions, the websites they visit, the hyperlinks they use, the information they access and store, and other activities.
VIII. PERSONAL DATA
29. The MERCHANT guarantees its users/clients the confidentiality of the information and personal data provided.
Such information and personal data shall not be used, provided or disclosed to third parties except in the cases and under the conditions set out in these General Terms and Conditions.
The MERCHANT protects the personal data of the user/client obtained through completion of the electronic purchase order form, provided that this obligation shall not apply where the Client has supplied false information.
Subject to applicable legislation and the provisions of these General Terms and Conditions, the MERCHANT may use the Client’s personal data solely for the purposes provided for in the agreement.
Any other purposes for which the data may be used shall comply with Bulgarian legislation, applicable international instruments, Internet etiquette, generally accepted moral standards and good practices.
29a. The MERCHANT undertakes not to disclose any personal data concerning the Client to third parties, including government authorities, commercial companies, individuals or others, except where:
the Client has given their express written consent;
the information has been requested by government authorities or officials who, under applicable legislation, are authorised to request and collect such information.
The MERCHANT shall provide such information where required by law.
IX. AMENDMENTS
30. These General Terms and Conditions may be amended at any time by the MERCHANT, which also has the right to modify the characteristics of the services provided and these General Terms and Conditions as a result of changes in legislation.
The MERCHANT undertakes to notify the User of amendments to the General Terms and Conditions by publishing a notice of the amendments in a prominent place on the website and providing sufficient time for the User to become acquainted with them.
If, within the specified period, the User does not state that they reject the amendments, they shall be considered bound by them.
If the User states within the specified period that they do not agree with the amendments, the MERCHANT has the right to immediately suspend or terminate the provision of services to the User.
X. TERMINOLOGY
31. “User/Client” means any person who has loaded the website on their computer.
32. “Order” means the selected goods and all other attributes related to the method of delivery and payment for the goods by the Client/User.
33. The online store www.dismarket.eu is owned by the MERCHANT.
34. All disputes between the parties shall be resolved in a spirit of mutual understanding and good faith.
If no agreement can be reached, all unresolved disputes, including disputes arising from or relating to the interpretation, invalidity, performance or termination of this agreement, as well as disputes concerning the completion of omissions in the agreement or its adaptation to newly arisen circumstances, shall be resolved by the competent court at the place of registration of the MERCHANT, in accordance with Bulgarian legislation.