Terms and Conditions
GENERAL TERMS
I. SUBJECT
Art. 1. This section presents information about the General Terms and Conditions of the Buy Antique store , which are intended to regulate the relationship between
- BENI TRADE Ltd., with UIC BG 201331795, registered office and management address: ZIP 1000, Sofia, Parteniy Zografski, 14, referred to here below for brevity as the SUPPLIER
AND
- The customers, hereinafter referred to as USER AND/OR CONSUMER, of the online Buy Antique store.
ІІ. SUPLIER’S DATA
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Supplier’s name: BENI TRADE Ltd.;
2. Headquarters and management address: Bulgaria, ZIP 1000, Sofia, Parteniy Zografski, 14;
3. Address of performance the activity and address for filing of consumers' complaints: ZIP 1000, Sofia, Parteniy Zografski, 14;
4. Correspondence data: ZIP 1000, Sofia, Parteniy Zografski, 14
5. Supervisors:
(1) Commission for Personal Data Protection
Address: Sofia city, 2, "Proff. Tsvetan Lazarov" str.,
tel.: (02) 940 20 4
fax: (02) 940 36 40
Email: [email protected] , [email protected]
Website: www.cpdp.bg
(2) Consumer Protection Commission
Address: 1000 Sofia, 4A, "Slaveikov" square, floors 3, 4 and 6,
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22
Website: www.kzp.bg
6. Registration No. under the Value Added Tax Act BG 201331795
III. PLATFORM CHARACTERISTICS
Art. 3. Buy Antique is an electronic commerce platform, available at the Internet address https://buy-antique.com/, through which the Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the Supplier on the platform, including the following:
1. To register and create a profile to view the Supplier's online store and to use the additional services for information provision;
2. To review the goods, their characteristics, prices and terms of delivery;
3. To conclude remote contracts with the Supplier for distance sales and purchase and delivery of the goods offered on the Buy Antique platform;
4. To make any payments related to the concluded contracts, incl. through electronic means of payment.
5. To receive information about new goods offered by the Supplier on the Buy Antique platform;
6. To make electronic statements related to the conclusion or execution of contracts with the Supplier on the Buy Antique platform through the interface of the Buy Antique page available on the Internet;
7. To be notified about the rights arising from law, primarily through the interface of the Buy Antique platform on the Internet;
8. To exercise their right of cancellation under the Consumer Protection Act where applicable.
Art. 4. The Supplier on the Buy Antique platform organizes the delivery of the goods and guarantees the Users' rights provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
Art. 5. (1) The Users enter into a contract with the Supplier on the Buy Antique platform for the purchase and sale of the goods, at the address https://buy-antique.com/. The contract is concluded in Bulgarian and is stored in the database of the Supplier on the platform.
(2) By virtue of the contract for the purchase and sale of goods concluded with the Users, the Supplier on the Buy Antique platform undertakes to organize the delivery and transfer of ownership to the User of the specified by him/her goods through the platform interface. The Users have the right to correct errors when entering information no later than sending the contract conclusion statement to the Supplier on the Buy Antique platform.
(3) The Users pay to the Supplier on the Buy Antique platform remuneration for the delivered goods according to the conditions set out on the Buy Antique platform and these General Terms and Conditions. The reward is equal to the price announced on the Buy Antique platform. In the event of a technical error in the price, the Supplier immediately notifies the User of the correct product price and has the right to refuse a placed order because of the incorrect spelling of its real price.
(4) To place an order for some of the products on the Buy Antique platform, the User is to pay in advance a deposit in an amount determined by the Supplier. In the event that a product falls within the scope of the previous sentence, the User will be informed about it before placing an order for the product in question, through an information inscription on the product page in the Buy Antique platform.
Art. 6. (1) The User and the Supplier on the Buy Antique platform agree that all statements between them related to the conclusion and execution of the sales 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 on the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
IV. REGISTRATION TO USE Buy Antique
Art. 7. (1) In order to use Buy Antique to conclude contracts for the purchase and sale of goods the User should enter a name and a password of his choice for remote access or to authenticate himself through his Facebook or Google account, by which it is deemed that he/she has accepted these General Terms and Conditions. Acceptance of these General Terms and Conditions is carried out upon finalization of each order by the User.
(2) The name and password for remote access are determined by the User, by performing an online registration on the Supplier's website on the Buy Antique platform, in accordance with the procedure specified therein. The Users have the opportunity to place orders for the delivery of goods and through a profile from the social networks Facebook and Google.
(3) By filling in his/her details in the user basket and pressing the "Complete order" button, the User declares that he/she is familiar with these General Terms and Conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Supplier confirms the order made by the User by e-mail. An account of the User is created and contractual relations arise between him/her and the Supplier.
(5) When registering or placing an order, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data specified in the registration or in the order should a change occures.
V. TECHNICAL STEPS IN CONCLUSION OF A PURCHASE AND SALE CONTRACT
Art. 8. (1) The Users primarily use the interface of the Supplier's page on the Buy Antique platform to enter into contracts for the purchase and sale of the goods offered by the suppliers on the Buy Antique platform.
(2) When goods are ordered without User’s registration, the latter accepts these General Terms and Conditions at the moment of conclusion of the order.
Art. 9. The Users conclude the contract for the purchase and sale of the goods on the Buy Antique platform according to the following procedure:
(1) Login to the placing orders system in the Buy Antique platform.
(2) Selecting one or more of the goods offered by the Supplier on the Buy Antique platform and adding them to a list of goods to purchase.
(3) Provision of the necessary data for the identification of the User as a party to the contract.
(4) Provision of data needed for the delivery;
(5) Choice of method and moment of payment of the price.
(6) Order Confirmation.
VI. CONTENT OF THE CONTRACT
Art.. 10. (1) The Supplier and the Users conclude separate contracts for the purchase and sale of the goods requested by the Users, regardless of the fact that they are selected with one electronic statement and from one list of goods to be purchased.
(2) The Supplier may organize together and simultaneously the delivery of the ordered with the separate sales contracts goods.
(3) The rights of the Users related to the delivered goods are exercised separately for each supply contract. Exercising of rights related to a delivered good does not trigger and has no effect on the purchase-supply contracts for the other goods. In case that the User has the status of a Consumer according to the Consumers Protection Act, the exercising of the right of refusal of the contract for the supply of a certain item does not affect the purchase-sale contracts for the other items delivered to the Consumer. Consumers benefit from a legal guarantee of compliance of the goods with the sales contract.
(4) In the case of delivery of goods that are delivered as a promotional items together with other goods in a set, the rules for delivery and return of the relevant set, as announced in the product profile in the electronic store, are to apply with priority.
Art. 11. When exercising the rights under the sales contract, the User is obliged to specify precisely and unequivocally the contract and the goods in respect of which he exercises the rights.
Art. 12. (1) The User may pay the price for the individual sales contracts at once when placing the order for the goods or upon their delivery.
(2) With regard to goods that are supplied on a promotional basis together with other goods in a set, the price for the set applies only in its entirety and is inseparable for individual goods in the set.
(3) In the event that the Supplier would accept the return of one product from a set under para. 2, the User has the right to be reimbursed with an amount for the returned good from the set, which is proportional to the ratio between the prices of the goods in the set on the Supplier's electronic store when they are not offered in a set with each other.
VII. SPECIAL CLAUSES APPLICABLE TO PERSONS QUALIFIED AS CONSUMERS WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT AND THE ACT ON THE PROVISION OF DIGITAL CONTENT AND DIGITAL SERVICES AND ON THE SALE OF GOODS
Art. 13. The rules of this section VII of these General Terms and Conditions apply only to Users towards whom, according to the data specified for the conclusion of the sales contract or during the registration on ONLINE STORE NAME, a conclusion can be made that they are Consumers within the meaning of the Consumers Protection Act, the Electronic Commerce Act, the Act on the Supply of Digital Content and Digital Services and the Sale of Foods and/or Directive 2011/83/EC of the European Parliament and of the Council dated 25 October 2011.
Art. 14. (1) The main characteristics of the goods offered by the Supplier on the Buy Antique platform are defined in the profile of each product on the Buy Antique platform.
(2) The price of the goods including all taxes and fees is determined by the Supplier on the Buy Antique platform in the profile of each product on the Buy Antique platform.
(3) The value of the postage charges or transport costs, not included in the price of the goods, is determined by the Supplier on the Buy Antique platform and is provided as information to the Users when selecting the goods to conclude the purchase and sale contract and before finalizing the order.
Should the User fail to receive the sent goods more than once, the Supplier reserves the right to:
- to charges the User with transport costs for each of his/her subsequent orders;
- not to grant the right to refuse purchased good for a period of more than 14 days;
- to restrain from provision of gifts to the User's next orders;
- to refuse the "Price Protection" in case the User refers to it.
(4) The methods of payment, delivery and performance of the contract are determined in the present General Terms and Conditions and the information provided to the User through the mechanisms of the Buy Antique platform.
(5) The information provided to the Users under this article is current at the time of its visualization on the Buy Antique platform before the conclusion of the sales contract.
(6) Users agree that all information required by the Consumer Protection Act and the Act on the Supply of Digital Content and Digital Services and the Sale of Goods is allowed to be provided through the interface of the Buy Antique platform or e-mail.
Art. 15. (1) The User agrees that the Suppliers on the Buy Antique platform have the right to accept advance payment under the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay to the Supplier through the Buy Antique platform the price for the delivery of the goods before or at the moment of their delivery.
(3) In the event that the value of the User's order is equal to or exceeds BGN 10,000, payment is to be made only by a bank transfer or cash payment to the Supplier's payment account.
Art. 16. (1) The User has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 30 days from the date of acceptance of the goods from the Supplier through the united form for contract cancellation, available on the Supplier's website on the Buy Antique platform at the address https://buy-antique.com/ in Appendix No. 1 to these General Terms and Conditions or through the module designated on the Supplier's website. Information on exercising the right of withdrawal is available at https://buy-antique.com/ in Appendix No. 2 to these General Terms and Conditions.
(2) The right of cancellation under para. 1 does not apply in the following cases:
1. for the provision of services where the service is fully provided, when the contract stipulates an obligation for the User to pay, and the performance has begun with the express prior consent and confirmation of the User that he/she knows that he/she will lose his/her right of withdrawal after the contract would be fully performed by the merchant;
2. for the delivery of goods or services, the price of which depends on the fluctuations of the financial market, which cannot be controlled by the merchant and which may occur during the period for exercising the right of refusal;
3. for the delivery of goods made to the order of the User or according to his/her individual requirements;
4. If a product is damaged or used in a way that significantly reduces its value, the refund may be partial or not approved at all.
5. for the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for hygiene or health protection reasons (such as bed linen, duvet covers, pillows, mattress protectors, etc.);
6. for the delivery of goods which, after being delivered and due to their nature, have mixed with other goods from which they cannot be separated;
;
8. where the User has explicitly requested the merchant to visit him at his home in order to carry out urgent repair or maintenance activities; where, during such a visit, the murchant provides other services in addition to those requested by the Consumer, or supplies goods other than the spare parts necessary to carry out the repair or maintenance, the right of refusal applies to these additional services or goods;
11. concluded during a public auction;
12. for the provision of accommodation services that are not aimed at living, transport of goods, car rental, catering services or provision of services related to entertainment activities, if the contract stipulates a specific date or deadline for implementation;
]
(3) When the Supplier on the Buy Antique platform has not fulfilled its obligations to provide information, defined in the Consumer Protection Act, the User has the right to withdraw from the concluded contract within a period of up to one year and 14 days, starting from the date of receipt of the goods. When the information is provided to the User within the opt-out period, the same begins to run from the date of its provision. The User has the right to make the opt-out statement under this article directly to the Supplier through the uniform contract opt-out form available on the Supplier's website on the Buy Antique platform at Annex No. 1 to these General Terms and Conditions.
(4) When the User has exercised his/her right to withdraw from the distance contract or from the off-premises contract, the Supplier has to refund all sums received from the User without undue delay and no later than 14 days from the date on which he/she/it was notified of the Consumer's decision to withdraw from the contract and if he/she/it has already received back the goods subject to the contract. The Supplier refunds the received amounts by a bank transfer, unless the Consumer has advised his express consent for the of use another means of payment, and this sentence applies in the case when the right of withdrawal is exercised within 14 days of receipt of the good and the good is sent back to the Supplier within this 14-day period. In the case when the right of withdrawal is exercised after the 14th day of receipt of the goods and/or the goods are sent back to the Supplier after the 14th day of their receipt by the User, until the 30th day from receipt, the amounts paid for the good are refunded only in the form of a credit in the User's personal profile on the Supplier's website or by issuing a voucher in the name of the User. If the User wishes to have the sums under the Contract cancellation, which cancellation was made within 14 days from receipt of the goods, reimbursed to him/her by postal order/money transfer, the service fee charged by the respective courier/postal operator is at the expense of User and is determined by the courier/postal operator. The Supplier is not able to influence this fee, does not determine it and does not benefit from it in any way.
When the good, for which the Consumer has canceled the concluded contract within 14 days from its receipt, was paid by card, the refund of the paid amount is to be made only to the same card with which it was paid.
(5) When exercising the right of refusal, the costs of returning the delivered goods are to be borne by the Consumer on the basis of Art. 55, para. 2 of the CPA. The Supplier has no obligation to reimburse the additional costs for the initial delivery of the goods when the User has expressly chosen a method of delivery of the goods other than the free standard delivery offered by the Supplier.
(6) The User undertakes to store the goods received from the Supplier through the platform and to ensure the preservation of their quality and safety during the period under para. 1.
(7) The User may exercise his/her right to withdraw from the contract with the Supplier by making a written statement to the Supplier through the standard contract withdrawal form available at https://buy-antique.com/ in the Buy Antique platform in Appendix No. 1 to these General Terms and Conditions or by the module specified on the Supplier's website. The goods should be sent without cash on delivery to the Supplier's address, namely ONLINE STORE NAME. Goods sent cash on delivery will not be accepted by the Supplier.
(8) When the Supplier on the Buy Antique platform has not offered to collect the goods by himself, he can withhold payment of the sums to the User until he/she/it receives the goods or until the User provides proof that he/she has sent the goods back, whichever occurs earlier.
(9) In the case of delivery of goods that are delivered together with other goods in a set (so-called bundle goods), when exercising the User's right of refusal under this article and the requirements of the Consumer Protection Act, the User has to return the entire set as received and in a good condition for commercialization. Should some of the goods, that are part of the bundle product, are not subject to return according to the regulations, the User agrees that the entire bundle product is not subject to return.
(10) Regardless of the above hypotheses, the User undertakes to return the good in a commercial appearance. Commercial appearance means an appearance that allows the subsequent sale of the good as new. Unpacking of the good should not have led to an obvious violation of its commercial outlook. In the case of a damaged commercial outlook of the goods, the Supplier has the right, at its discretion, to refuse to accept a withdrawal from the contract or to charge the User the costs of restoring the good in a commercial appearance. According to Art. 55, para. 4 of the CPA, the User is responsible for the reduced value of the goods caused by testing them other than the necessary one to establish their nature, characteristics and good functioning.
(11) In the case of exercising the right of withdrawal under this article, it is considered that the User has also exercised the right of withdrawal in relation to the bonus content attached to the good.
(13) When returning the product, the User undertakes to return it together with the complete received set, as well as all accompanying documents - cash receipt, invoice, receipt-handover report, warranty card (if any has been issued).
(14) When returning the good, the User undertakes to return all the gifts he/she has received together with the ordered good, in case they were sent by the Supplier.
(15) In the case of a purchase made by a legal entity, the provisions of the Law on Obligations and Contracts that derogate these General Terms and Conditions will apply.
VIII. CONTRACT FULFILMENT
Art. 17. (1) The term of delivery of the good is determined for each product separately when concluding the contract with the User through the Supplier's website on the Buy Antique platform. For each specific product, the User is notified immediately before finalizing the order on the Buy Antique platform of how many days approximately its delivery will take. The days required for delivery indicated on the Buy Antique platform are indicative and the Supplier does not guarantee them, but it guarantees that will do everything possible to deliver the goods within the specified days.
(2) Should the User and the Supplier on the Buy Antique platform have not determined a delivery time, the delivery time of the goods is 30 calendar days, counted from the date following the sending of the User's order to the Supplier through the Supplier's site in the ONLINE platform STORE NAME.
(3) If the Supplier on the Buy Antique platform cannot fulfill the contract due to the fact that he/she/it does not have the ordered goods, he/she/it is obliged to notify the User and refund the amounts paid by him/her. In these cases, the Supplier could not be held responsible so far as it has notified the User of the exhausted quantities.
(4) The Supplier may refuse to process the order when there are reasonable doubts that the order is inauthentic, including the fact that it is not done by the User described in the same or when the product requested with the order is temporarily unavailable due to exhaustion of quantities or other technical reasons, in which case the Supplier notifies the User by email or phone and refunds the amounts paid by him/her. The Supplier can also refuse to process an order when the number or volume of the ordered items exceeds their usual consumption by a customer-consumer under the meaning of the CPA and there is a reason to believe that the order is made for the purpose of resale and does not fall within the scope of a consumer purchase-sale deal.
(5) In case of inaccurate data provided by the User, regarding delivery address and telephone number or absence of the User at the address, as well as in case of impossibility to deliver the good due to reasons beyond the Supplier's control, the good is returned and remains in the Supplier's warehouses. In this case, the good is not to be kept for the User, unless it was paid in advance. When the good is prepaid the same is to be kept within a period of 15 days from its return, and after the expiration of this period and if the User does not request it from the Supplier, the Supplier will return the received payment, with the exception of the amount spent on delivery and storage. In case of inaccurate or wrong data provided by the User as delivery address, in which case the good is sent to that wrong address, the costs of the courier service for rerouting of the shipment will be at the User's expense.
(6) In the event that the good is not delivered to the User within the specified delivery period, no compensation is due to him/her. Reasons that would delay delivery beyond the days specified on the Buy Antique platform are: load and number of orders for the period above average and above usual for the Supplier; fault of the courier company such as untimely courier's organization, excessive workload of the courier, unforeseeable technical and informational problems with the courier or weather conditions impeding the courier; unforseeable technical problems in the Supplier's systems; fault of the Supplier's sub-suppliers, from which the it supplies the product; bad weather conditions etc. force majeure circumstances that would prevent the normal organizational activity of the Supplier.
(7) In all cases, the Supplier guarantees and undertakes to deliver the goods to the User no more than 15 working days later than the approximate delivery days specified on the Buy Antique platform.
(8) The Supplier may refuse to accept the order for products with a unit or total value of BGN 8 or less, which fall under the "Plus products" program. In the event that a product or products fall under the "Plus products" program and their total value is equal to or below BGN 8 in the meaning of the previous sentence, the User is notified through a message on the platform and is prevented from placing an order. To place the order, the User has to add a product or products, the total value of which is at least BGN 8.
(9) Delivery is made to the User's door only if the total weight of the shipment (with all its components and parts) does not exceed 20 kg. Should the total weight of the shipment exceed 20 kg, the delivery is made up to the ground floor on the specified address.
(10) If there is no car access to the delivery address, the delivery is to be made up to the place which the street allows as a final and closest point to the delivery address.
Art. 18. The Supplier on the Buy Antique platform undertakes to comply with all requirements established by the Bulgarian legislation regarding the labeling, advertising and sale of nutritional supplements.
Art. 19. The Supplier informs the User of the transport and courier costs immediately before completing the order, and the delivery cost may vary according to the product, method and delivery address chosen by the User. Should there be an additional forwarding of an already requested by the User order or if there might be a need to visit the requested address again, the User has to pay the price of the delivery in amounts determined according to the tariff of the respective courier. The conditions for free delivery, if any, do not apply in the event that the User requests a visit to an address at a time or day range specified by him/her.
Art. 20. (1) The User should inspect the good when delivered and handed over by the courier and if it does not meet the requirements or has visible breaks and defects, to refuse its acceptance from the courier and immediately to notify the Supplier on the Buy Antique platform .
(2) If the User does not refuse the good to the courier and does not notify the Supplier on the Buy Antique platform, according to para. 1, the good is considered to be approved as conforming to the requirements, except for hidden defects.
(3) In the event that, upon delivery of the good, the User wishes to refuse and not accept it, the costs of transport in both directions are at his/her expense.
Art. 21. The Supplier provides the necessary service for the good according to the provisions of section XIII. CLAIMS.
Art. 22. For the cases not regulated in this section, the commercial sale rules defined in the Commercial Law, the Consumer Protection Act and the Act on the Supply of Digital Content and Digital Services and the Sale of Foods will apply.
IX. PERSONAL DATA PROTECTION
Art. 23. (1) The Supplier on the Buy Antique platform 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 Supplier on the Buy Antique platform will send the data only to the e-mail address that was specified by the Users during registration.
(3) The Supplier on the Buy Antique platform has the right to store data in the final User's communication device, unless the latter expressly announces his disagreement to this.
(4) The Consumer or the User agrees that the Supplier on the Buy Antique platform has the right to send electronic messages to the Consumer or the User at any time, including a newsletter or offers for the purchase of goods, as long as the Consumer or the User is registered in the Supplier's electronic store on the Buy Antique platform.
(5) The Consumer or the User agrees that the Supplier of the Buy Antique platform has the right to collect, store and process data about the Consumer's or the User's behavior when using the Supplier’s online store on the Buy Antique platform.
(6) The Supplier never retains any data on credit and/or debit card(s) used by the User when purchasing goods from the Buy Antique platform. The User has the opportunity to save the credit and/or debit card/cards data used by him/her when purchasing goods from the Buy Antique platform, as the data for these credit and/or debit card/cards is not stored with the Supplier, but it is kept only in the system of the banking institution that has issued the process card. When saving a credit and/or debit card/cards, the User should use a 3D code when intending to use the saved card again to make a purchase from the Buy Antique platform.
Art. 24. (1) At any time, the Supplier on the Buy Antique platform has the right to require from the User to identify himself and certify the authenticity of each of the circumstances and personal data announced during registration.
(2) In the event that for some reason the User has forgotten or lost his name and password, the Supplier of the Buy Antique platform has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at: https://buy-antique.com/
(3) If there is incompleteness regarding the protection and processing of the User's personal data, a detailed description is available in the Privacy Policy on the website Buy Antique located at https://buy-antique.com/.
X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 25. (1) These General Terms and Conditions may be amended by the Buy Antique store Supplier, and the date of their last revision is to be recorded in Art. 38 of these General Terms and Conditions.
(2) The Buy Antique store Supplier and the User agree that any addition and amendment to these General Terms and Conditions will be effective towards the User in one of the following cases:
A) after their publication on the Supplier's website in the Buy Antique store and if the User, who has already accepted the previous edition, does not state within 14 days of their publication that he/she rejects them;
B) with the User's express acceptance on his/her profile on the Supplier's website in the store ONLINE STORE NAME.
Art. 26. The Supplier publishes these General Terms and Conditions at the address: https://buy-antique.com/.
XI. TERMINATION
Art. 27. The present General terms and Conditions and the User's contract with the Supplier on the Buy Antique store are 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;
• in case of objective inability of one of the contractual parties to fulfill its obligations;
• when the equipment is seized or sealed by state authorities;
• in case of deletion of the User's registration on the https://buy-antique.com/ store. In this case, the concluded but not executed purchase and sale contracts remain valid and enforceable;
Art. 28. The Supplier has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the User is using the store https://buy-antique.com/ in violation of these General Terms and Conditions, the legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules and practice in the electronic commerce.
XII. LIABILITY
Art. 29. The User undertakes to indemnify and release from liability the suppliers on the Buy Antique store and the Supplier from legal claims and other third parties claims (regardless of whether they are justified or not), for all damages and costs (including attorney's fees and legal costs) arising out of or related to (1) failure to perform any of the obligations hereunder, (2) infringement of copyright, production, broadcasting or other intellectual or industrial property rights, (3) illegal transfer to other entities the rights granted to the User, for the period and under the terms of the contract and (4) falsely declaring the presence or absence of the quality of a consumer within the meaning of the Consumer Protection Act.
Art. 30. The Supplier is not responsible in case of force majeure, random events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 31. (1) The Supplier is not responsible for damages caused by the User to third parties.
(2) The Supplier is not responsible for property or non-property damages, expressed in lost benefits or suffered damages, caused to the User in the process of using or not using the Buy Antique and concluding purchase and sale contracts with the Supplier.
(3) The Supplier is not responsible for the time during which the store was not available due to force majeure.
(4) The Supplier is not responsible for damages from comments, opinions and publications under the products, news and articles in the Buy Antique store.
Art. 32. (1) The Supplier is not responsible in event of overcoming the security measures of the technical equipment and it results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
(2) The Supplier is not responsible in the event of the conclusion of a contract for purchase and sale, provision of access to information, loss or change of data occurring as a result of false identification of a third party who presents itself as the User, if by the circumstances it can be believed that this person is the User.
XIII. CLAIMS
Art. 33. (1) The User has the right to make a complaint, whereby when presenting such a complaint, the full set of documents (incl. receipt/invoice, acceptance-handover protocol, warranty card, etc.), as well as the good, should be sent to the address .
(2) The warranty is valid only for manufacturing defects and lack of conformity existing during the delivery of the good and appearing during normal exploitation on the territory of the Republic of Bulgaria. The warranty is void and the client pays the cost of the repair (service may be refused) in cases of damage caused by:
- Improper use and/or improper storage.
- Violated integrity of warranty stickers.
- The product identification number (IMEI number), serial number or date code, if any, has been removed, erased, damaged or is illegible in any way.
- Drop, impact, applied pressure, spilled liquids.
- Attempted repair by unauthorized persons or companies.
- Use of chargers, batteries and peripherals other than those included in the kit.
- Malfunctions in the electrical network, incorrect connection to the power supply, extreme environmental conditions or rapid changes in these conditions, natural disasters and other force majeure circumstances.
(3) The Supplier is responsible for any lack of conformity of the consumer good with the sales contract, which is present when the good is delivered and occurs up to two years after its delivery, according to the provisions of Art. 31 of the Act on the Supply of Digital Content and Digital Services and the Sale of Foods. The Supplier is liable according to the legally stipulated warranty to persons having the status of Consumer, within the meaning of §6, item 6 of the Additional provisions of the Act on the Supply of Digital Content and Digital Services and the Sale of Foods - any natural person who, with relation to contracts for provision of digital content and digital services and contracts for the sale of goods acts outside the scope of his commercial or economic activity, trade or profession or within the meaning of §13, paragraph 1, item 1 of the Additional Provisions of the Consumer Protection Act - any natural person who acquires goods or uses services that are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract within the meaning of the Consumer Protection Act, acts outside the scope of his/her commercial or professional activity.
XIV. OTHER PROVISIONS
Art. 34. (1) The User and the Supplier on the Buy Antique store undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which they came to know in the process of executing the contract and these General Terms and Conditions.
(2) The User and the Supplier undertake to restrain from giving publicity of any written or oral correspondence between them during and after the expiration of the contract period. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. may be considered public domain.
Art. 35. In the event of a conflict between these General Terms and Conditions and provisions in a special contract between the Supplier on the Buy Antique store and the User, the clauses of the special contract will take precedence.
Art. 36. 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. 37. The laws of the Republic of Bulgaria will apply to matters not settled in this contract and related to its implementation and interpretation.
Art. 38. These General Terms and Conditions enter into force for all Users on [date] with a last amendment on [date].
Art. 39. Promo codes for discounts when purchasing products do not apply to goods that are already reduced, have another discount applied to them or have a TOP PRICE sticker, with the exception of promo codes that are explicitly mentioned by the Supplier and are used for additional discount. Discounts and promotions may not be combined with each other, only the promotion with the bigger discount applies.
Art. 40. Promo codes for discounts when purchasing products do not apply to goods that the User wishes to purchase on installment/lease basis, regardless of whether the relevant goods are already discounted or not.
XV. INFORMATION RELATED TO CONTRACT CANCELLATION
Information on exercising the right to withdraw from the contract.
Standard opt-out guidelines:
I. Right to withdraw from the remote or off-premises contract.
II. You have the right to withdraw from this contract without giving reasons within 30 days.
III. The cancellation period is 30 days from the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.
To exercise your right of withdrawal, you have to notify us at the contact data provided at Buy Antique and about your decision to withdraw from the contract with an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached standard opt-out form, but this is not required. You may also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our Buy Antique website. If you use this option, we will immediately send you in a durable medium (i.e. by e-mail) a message confirming receipt of the opt-out.
In order to comply with the withdrawal period, it is sufficient to send your message related to the exercise of the withdrawal right before the expiry of the withdrawal period.
IV. CANCELLATION EFFECT
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except additional costs associated with a delivery method chosen by you other than the cheapest standard delivery method, offered by us), without undue delay and in any case no later than 30 days from the date on which you have informed us of your decision to withdraw from this contract. We will carry out the refund in accordance with the terms of Art. 16 of these General Terms and Conditions.
We have the right to postpone the refunds until we receive the goods back or until you provide us with evidence that you have sent back the goods, whichever occurs first.
You have to bear the direct costs related to returning the goods. Costs are expected not to exceed the approximate delivery cost or the standard courier service.
You are responsible for any reduction in the value of the goods as a result of testing them other than as necessary to establish their nature, characteristics and proper functioning.
V. The right of refusal does not apply to the delivery of sealed goods that have been unsealed after their delivery and cannot be returned for reasons related to hygiene or protection, as well as in other cases described in the General Terms and Conditions.
For additional User information, see https://buy-antique.com/.