General terms and conditions of the online store aia-gaia.bg
I. SUBJECT
Art. 1. These General Terms and Conditions (“General Terms”) are intended to regulate the relations between Treben EOOD, entered in the Commercial Register at the Registry Agency under UIC 207264403, with registered office and address of management: Sofia 1756, 7 Andrey Lyapchev Blvd., floor 1, apt. 2, hereinafter referred to as the “Supplier”, and the clients, hereinafter referred to as the “Users”, of the online store aia-gaia.bg (“Online Store”), owned by the Supplier.
II. SUPPLIER INFORMATION
Art. 2. (1) Information under the Electronic Commerce Act and the Consumer Protection Act regarding the Supplier:
1. Name of the Supplier: "Treben" EOOD
2. Registered office and address of management: Sofia 1756, 7 Andrey Lyapchev, floor 1, apt. 2
3. Contact details: Sofia 1756, 7 Andrey Lyapchev Blvd., floor 1, apt. 2
tel.: +359 888 248 060, e-mail: contact@aia-gaia.bg,
website: www.aia-gaia.bg, other means of online communication.
4. Entry in public registers: Commercial Register at the Registry Agency, UIC 207264403
5. VAT registration number
No. BG 207264403
6. Address for submitting consumer complaints: Sofia 1756, 7 Andrey Lyapchev Blvd., floor 1, apt. 2, tel.: +359 888 248 060, e-mail: contact@aia-gaia.bg, website: www.aia-gaia.bg
(2) Supervisory authorities:
1. Commission for Personal Data Protection
Address: Sofia, 1592, 2 Prof. Tsvetan Lazarov Street,
phone: (02) 91 53 519, fax: (02) 91 53 525
email: kzld@cpdp.bg
website: www.cpdp.bg
2. Consumer Protection Commission
Address: Sofia, 1000, 4A Slaveykov Square, floors 3, 4 and 6,
phone: (02) 933 05 65
fax: (02) 988 42 18
hotline: 0700 111 22
email: info@kzp.bg
website: www.kzp.bg
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. The Online Store is an e-commerce platform, accessible at https://aia-gaia.bg, through which Users can conclude contracts for the purchase and delivery of goods offered by the Supplier in the Online Store, including the following:
1. View the goods offered by the Supplier, their prices, and delivery terms;
2. Obtain information about the nature and main characteristics of the goods;
3. Conclude purchase and delivery contracts with the Supplier for goods offered in the Online Store;
4. Make electronic statements regarding the conclusion, amendment, execution, and termination of contracts with the Supplier through the interface of the website www.aia-gaia.bg, including via tools and applications for mobile devices available there;
5. Be informed of their statutory rights;
6. Exercise their right of withdrawal where applicable under the Consumer Protection Act.
Art. 4. The Supplier organises the delivery of goods and guarantees the rights of Users provided for by law, acting in good faith and in accordance with established practices, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude with the Supplier a contract for the purchase of goods in accordance with the procedure specified in Art. 8. The contract is concluded in Bulgarian and is stored in the Supplier’s database within the platform.
(2) Users may review and correct errors in the information entered no later than the point of making the statement for concluding the contract with the Supplier. This can be done by editing the order form at any time before sending the statement for concluding the contract.
(3) Under the purchase contract concluded with the Users, the Supplier undertakes to organise the delivery and transfer of ownership of the goods selected by the User.
(4) Users pay the Supplier remuneration for the delivered goods under the conditions specified in the Online Store and in these General Terms. The remuneration equals the price announced in the Online Store.
IV. USE OF THE ONLINE STORE
Art. 6. (1) The Online Store can be used either after registration and creation of a User profile or without prior registration.
(2) User registration in the Online Store is free, voluntary, and carried out in the relevant section of the Online Store.
(3) Whether or not the User registers, in order to conclude purchase contracts through the Online Store the User must enter the following data: first name, surname, e-mail address, contact phone number, delivery address, and agree to these General Terms.
(4) By filling in their details, clicking the “PAY” button, and marking their agreement with the General Terms, the User declares that they are familiar with these General Terms, agree with their content, and undertake to comply with them unconditionally.
(5) The Supplier confirms the order placed by the User by sending an electronic statement to the e-mail address provided by the User or by calling the phone number specified by the User, and contractual relations under a purchase contract arise between the User and the Supplier.
(6) When registering or placing an order, the User must provide true and current information and promptly update it if it changes.
(7) If the User provides false information or the Supplier has grounds to believe that the information is incomplete or inaccurate, the Supplier may block or delete the User’s registration and deny access to the Online Store.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE CONTRACT
Art. 7. Users mainly use the interface of the Online Store’s website, including the tools and mobile applications available there, to conclude purchase contracts for the goods offered by the Supplier in the Online Store.
Art. 8. Art. 8. (1) The User and the Supplier conclude the purchase contract for the goods in the Online Store according to the following procedure:
1. The User selects one or more goods offered by the Supplier to be the subject of the purchase contract;
2. The User fills out an order form and provides the necessary data for the individualization of the User as a party to the contract for the purchase and sale of goods;
3. The User selects a method of delivery and provides the necessary delivery details;
4. The User selects a payment method and time of payment;
5. The User sends the order (offer) by clicking the “PAY” button after marking their agreement with the General Terms and the Privacy Policy;
6. The Supplier confirms the User’s order (accepts the User’s offer) by sending an electronic statement to the e-mail address specified by the User or by calling the User’s phone number. The Supplier provides the User with confirmation of the concluded contract on a durable medium within a reasonable period after the conclusion of the distance contract or at the latest upon delivery of the goods.
(2) In cases where Users make payments via a payment link or QR code, the special rules regarding the technical steps for concluding a purchase contract set out in Section XIV “SPECIAL CLAUSES APPLICABLE TO PERSONS MAKING PAYMENTS VIA LINK OR QR CODE” shall apply.
VI. CONTENT OF THE CONTRACT
Art. 9. (1) The Supplier and the Users conclude separate purchase contracts for the goods ordered by the Users, even if selected in a single electronic statement.
(2) The Supplier may organise the joint delivery of goods ordered under separate purchase contracts.
(3) The rights of Users in relation to delivered goods shall be exercised separately for each purchase contract. The exercise of rights with respect to one delivered good does not affect the other purchase contracts. Where the User is a consumer within the meaning of the Consumer Protection Act, exercising the right of withdrawal from the purchase contract for a specific good does not affect the purchase contracts for other goods delivered to the consumer.
(4) The Supplier may, at its discretion, refuse to fulfil a User’s order, notifying the User within a reasonable time, without being obliged to state a reason.
Art. 10. When exercising the rights under the purchase and sale contract, the User is obliged to specify precisely and unambiguously the contract and the goods in respect of which he exercises the rights. The User pays the price for the individual purchase and sale contracts at once when placing the order for the goods or upon their delivery.
VII. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VII apply to Users who, according to the data provided for concluding the purchase contract or upon registration in the Online Store, can be considered consumers under the Consumer Protection Act, the Electronic Commerce Act, and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the Online Store’s website.
(2) The price of the goods, including all applicable taxes, is specified by the Supplier in the profile of each good on the Online Store’s website.
(3) The cost of postal and transport services not included in the price of the goods is specified by the Supplier and is provided to the Users at one of the following moments before the conclusion of the purchase contract:
– In the profile of each good on the Supplier’s Online Store website;
– When selecting the goods to be included in the purchase contract;
(4) The method of payment, delivery, and performance of the contract is specified in these General Terms and in the information provided on the Supplier’s website.
(5) The information provided to Users under this article is current at the time it is displayed on the Supplier’s website before the conclusion of the purchase contract.
(6) The Supplier must state the delivery terms for each good on its website.
(7) Before the conclusion of the contract, the Supplier indicates the total value of the order for all goods included.
(8) Users agree that all legally required information under the Consumer Protection Act may be provided via the interface of the Online Store platform or by e-mail.
Art. 13. (1) The Consumer agrees that the Supplier may receive advance payment for purchase contracts and deliveries concluded with the Consumer. (2) The Consumer chooses whether to pay the Supplier the delivery price before or at the time of delivery.
Art. 14. (1) The Consumer has the right, without owing compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 days from the date of acceptance of the goods, by completing the standard withdrawal form available on the Supplier’s website. Information on exercising the right of withdrawal is available on the Supplier’s website. Consumers may also use any other clear statement recorded on a durable medium.
(2) The right of withdrawal under paragraph 1 does not apply in the following cases:
1. Delivery of goods made to the Consumer’s specifications or clearly personalised;
2. Delivery of goods which, by their nature, are liable to deteriorate or expire rapidly;
3. Delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
4. Delivery of goods which, after delivery, have been inseparably mixed with other items due to their nature;
5. Delivery of sealed audio or video recordings or sealed computer software which were unsealed after delivery;
6. Delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.
(3) Where the Supplier has not fulfilled its obligations to provide the information required under the Consumer Protection Act, the Consumer may withdraw from the contract within one year and 14 days from the date of receiving the goods. If the information is provided within this period, the withdrawal period starts from the date it is provided. The Consumer shall have the right to submit the withdrawal statement under this Article directly to the Supplier by using the standard withdrawal form available on the Supplier's website.
(4) When the Consumer has exercised the right of withdrawal from a distance or off-premises contract, the Supplier shall refund all amounts received from the Consumer, including delivery costs, without undue delay and not later than 14 days from the date on which it was informed of the Consumer’s decision to withdraw. Refunds are made using the same means of payment used by the Consumer for the initial transaction unless expressly agreed otherwise and provided that no fees are incurred for the Consumer.
(5) When exercising the right of withdrawal, the costs of returning the goods shall be borne by the Consumer and deducted from the amount paid under the contract. The Supplier is not obliged to refund any additional delivery costs if the Consumer has expressly chosen a delivery method other than the cheapest standard delivery offered by the Supplier.
(6) The Consumer undertakes to store the goods received from the Supplier and to ensure the preservation of their quality and safety during the period under paragraph 1.
(7) The Consumer may exercise the right of withdrawal by submitting a written statement to the Supplier via the standard withdrawal form available on the Online Store’s website.
(8) Where the Supplier has not offered to collect the goods itself, it may withhold reimbursement until it has received the goods back or until the Consumer has supplied evidence of having sent them back, whichever occurs first.
Art. 15. (1) The delivery time for the goods and the start date from which it runs are specified for each good individually upon conclusion of the contract via the Supplier’s website, unless the goods are ordered in a single delivery.
(2) If no delivery time is agreed between the Consumer and the Supplier, the delivery time is 30 working days from the date following the sending of the order via the Online Store.
(3) If the Supplier cannot perform the contract due to lack of stock, it must inform the Consumer and refund any amounts paid.
Art. 16. (1) The Supplier delivers the goods to the Consumer after confirming compliance with the information requirements under the Consumer Protection Act.
(2) The Consumer and the Supplier confirm the circumstances under paragraph 1 in writing upon delivery by signature unless agreed otherwise.
(3) The Consumer and the Supplier agree that the requirements under paragraph 1 are met if confirmation is given by a person who, under the circumstances, can be assumed to pass on the information to the Consumer who is party to the contract.
VIII. OTHER CONDITIONS
Art. 17. The Supplier delivers and hands over the goods to the User within the time agreed upon at the conclusion of the contract.
Art. 18. The User must inspect the goods at the time of delivery and handover by the Supplier, and if they do not meet the requirements, notify the Supplier immediately.
IX. PERSONAL DATA PROTECTION
Art. 19. (1) The Supplier takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act.
(2) For security reasons concerning the personal data of Users, the Supplier will send data only to an e-mail address provided by the Users at the time of registration.
(3) The Supplier adopts and publishes on its website a Privacy Policy.
(4) Users agree that the Supplier has the right to process their personal data necessary for fulfilling orders in the Online Store and performing the contract.
Art. 20. (1) At any time, the Supplier has the right to require the User to verify their identity and to confirm the authenticity of any of the circumstances and personal data declared during registration.
(2) If, for any reason, the User has forgotten or lost their username and password, the Supplier has the right to apply the announced procedure for lost or forgotten usernames and passwords.
X. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 21. (1) These General Terms may be amended by the Supplier, who will appropriately notify all registered Users.
(2) The Supplier and the User agree that any additions or amendments to these General Terms will take effect for the User after their explicit notification by the Supplier and if the User does not declare, within the 30-day period provided, that they reject them.
(3) The User agrees that all statements by the Supplier regarding amendments to these General Terms will be sent to the e-mail address provided by the User upon registration. The User agrees that e-mails sent under this article do not need to be signed with an electronic signature to be effective with respect to them.
Art. 22. The Supplier publishes these General Terms on its website, together with all additions and amendments thereto.
XI. TERMINATION
Art. 23. These General Terms and the contract between the User and the Supplier shall be terminated in the following cases:
- upon termination and liquidation or declaration of insolvency of either party to the contract;
- by mutual written agreement of the parties;
- unilaterally, with notice from either party in case of non-performance of the obligations of the other party;
- upon objective impossibility for either party to perform its obligations;
- upon seizure or sealing of equipment by state authorities;
- in the event of deletion of the User’s registration in the Online Store. In this case, concluded but unperformed purchase contracts remain in force and must be fulfilled;
- in the event of exercising the right of withdrawal under Art. 55, para. 1 of the Consumer Protection Act. In this case, only the contract for the delivery of the specific ordered goods to which the right of withdrawal applies is terminated.
XII. OTHER PROVISIONS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.
Art. 25. For matters not settled in this contract, related to its implementation and interpretation, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties under this contract shall be resolved by the competent court or by the Consumer Protection Commission.