These GENERAL TERMS and CONDITIONS govern the relationship between “Mountain Sport” OOD, hereinafter referred to as “VeloBoost”, on the one hand, and the Clients of websites and services located at the domain http://veloboost.bg/ (hereinafter referred to as Clients ), from another.
“Mountain Sport” Ltd. is a company registered under the Commercial Law of the Republic of Bulgaria with EIK 203452856, with headquarters and management address: Sofia, Hristo Tsenov St. No 4, e-mail address: firstname.lastname@example.org, phone: +359 988402222
“Mountain Sport” Ltd. is registered as a personal data controller and holds a Personal Data Controller Certificate with number 1440673.
A consumer within the meaning of the Consumer Protection Act is 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 under this law, acts outside the scope of their commercial or professional activity.
Only Users within the meaning of the Consumer Protection Act enjoy the rights provided for therein. For VeloBoost Customers who are not Users, the rules of these Terms and Conditions regarding the right to withdraw from the contract and exchange, complaints and guarantees do not apply. The general legislation of the Republic of Bulgaria applies to these Customers, including but not limited to the Law on Obligations and Contracts and the Commercial Law.
Due to the specificity of the goods offered, the electronic store http://veloboost.bg/ specifies that the installation of the purchased goods must be carried out in a service center by a technically competent person. Arbitrary installation of purchased goods can lead to its damage and refusal to accept a claim.
Please read the published General Terms and Conditions in full before using the information and commercial services offered by the site http://veloboost.bg/ (called Services for short). By viewing http://veloboost.bg/, each Customer automatically undertakes to comply with the conditions described below.
This document contains information about the activity of “VeloBoost” and the general conditions for using the services provided by “VeloBoost”, regulating the relationship between us and each of our Customers.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the Customer and “VeloBoost”.
Art. 1 The services provided by “VeloBoost” to the Client are information society services within the meaning of the Law on Electronic Commerce.
Art. 2. “VeloBoost” is an electronic store, available on the site http://veloboost.bg/, through which Customers have the opportunity to conclude contracts for the purchase and sale of the goods and services offered by “VeloBoost”.
IDENTIFICATION AND REGISTRATION
Art. 3 (1) “VeloBoost” identifies the Clients of the site by storing log files on the server of http://veloboost.bg/ and the IP address of the Client.
(2) “VeloBoost” has the right to collect and use information about the Customers after their registration. The information by which the person can be identified may include name, surname, date of birth, gender, address, telephone, as well as any other information that the person voluntarily provides during registration. The information includes any other information that the Customer enters, uses or provides when using the Services provided by “VeloBoost”.
Art. 4 (1) “VeloBoost” takes due care and is responsible for protecting the information about the Customer, which became known to him on the occasion of registration – subject to these General Terms and Conditions, except in cases of force majeure, accidental event or malicious actions of third parties.
(2). In the registration form filled out by the Customer during registration, “VeloBoost” indicates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide them. By expressing agreement with these General Terms and Conditions, the Client agrees to have his/her information processed in the order provided for in them.
(3) The restrictions under para. 1 do not apply in the event that “VeloBoost” is obliged to provide the personal information about the Customer to the relevant competent state authorities according to the current legislation.
Art. 5 (1) “VeloBoost” collects and uses the information under Art. 4 for the purposes provided for in these General Terms and Conditions, as well as for offering new goods and/or services to the Client (free or paid). The described purposes for which the information is used are not exhaustively listed and do not give rise to obligations for “VeloBoost”.
(2) By accepting these General Terms and Conditions, the Customer agrees to the processing of his personal data for the purposes of this contract and direct marketing.
Art. 6 (1) The customer can register by filling in the relevant electronic registration form, available in real time (on-line) on the Internet on the “VeloBoost” website, express agreement with these General Terms and Conditions and declare that he has legal capacity.
(2) By pressing the virtual button “Registration”, having the force of a written confirmation of the General Terms and Conditions, the Customer makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which he declares that he is familiar with these General Terms and Conditions, accepts them and undertakes to comply with them. By recording it on a suitable medium in the “VeloBoost” server, through a generally accepted conversion standard in a technical way making its reproduction possible, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. “VeloBoost” may store in log files on its server the IP address of the Client, as well as any other information necessary for its identification and reproduction of its electronic statement of acceptance of the General Terms and Conditions in the event of a legal dispute. The text of these General Terms and Conditions is available on the Internet at the “VeloBoost” site in a way that allows its storage and reproduction.
(3) When completing the registration application, the Customer is obliged to provide complete and correct data regarding identity (for individuals), legal status (for legal entities) and other data required by the electronic form of “VeloBoost”, as well as to update them within 7 (seven) days of their change. The customer declares that he agrees to provide the personal data so requested, thereby guaranteeing that the data he provides in the registration process is true, complete and accurate and, if the latter changes, he will update them promptly. In case of providing false data, “VeloBoost” has the right to terminate or stop immediately and without notice the provision of the services, as well as the maintenance of the Customer’s registration.
Art. 7 (1) Upon registration, the Customer receives a unique Customer name and password to access the services available through the “VeloBoost” website.
(2) The Customer name with which the Customer registers does not give him any rights other than the right to use the specific Customer name within the “VeloBoost” e-shop.
(3) The registrant, in his capacity as a representative of a legal entity, is obliged to enter his full name and address, resp. the name of the legal entity it represents. By accepting the General Terms and Conditions, he guarantees and confirms that he has a contractual relationship with the Client company registered by him. By entering incorrect or misleading information, the party is deprived of the right to access the services of the “VeloBoost” website.
(4) The customer is obliged to take all care and take the necessary measures, which are reasonably necessary, in order to protect his password, as well as not to disclose his password to third parties and to immediately notify “VeloBoost” in the event of illegal access, as well as in the case of probability and suspicion of such. He bears the responsibility and risk for the protection of his password, as well as for all actions that are carried out by him or a third party using his password.
Art. 8 (1) The customer has the right to access in online mode to the services provided through the “VeloBoost” website, subject to the conditions and requirements for access defined by “VeloBoost”. In order to use the services, the Customer must enter his Customer name and password.
(2) The customer has the right to access and correct his personal data provided during registration online.
Art. 9 (1) Customers use the interface of the “VeloBoost” website to enter into contracts for the purchase and sale of the goods offered by “VeloBoost” in the e-store
(2) The contract for the purchase and sale of goods is considered concluded from the moment of confirmation of the order by “VeloBoost”.
(3) In case of non-availability of a certain product, “VeloBoost” reserves the right to refuse the order.
(4) The minimum amount to place an order is 1 (one) penny.
Art. 10 (1) In order to request an order, the Customer must register or identify himself in accordance with the terms and conditions described in these general conditions, as well as enter the system by identifying with a Customer name and password.
(2) After selecting one or more goods offered on the “VeloBoost” website, the Customer must add the same to his list of goods for purchase.
(3) It is necessary for the Customer to provide data for carrying out the delivery and to choose a method and time of payment of the price, after which to confirm the order through the interface of the electronic store.
(4) Upon placing an order, the Customer receives confirmation by email that his order has been accepted.
Art. 11 (1) The prices of the products offered in the online store are those indicated on the “VeloBoost” website at the time of placing an order, except in cases of obvious error.
(2) The prices of the products include VAT, in the cases in which its charging is provided.
Art. 12 “VeloBoost” reserves the right to change the prices of the products offered in the online store at any time and without notice, and such changes will not affect orders already placed.
Art. 13 (1) “VeloBoost” can provide discounts for the products offered in the online store, according to Bulgarian legislation and rules defined by “VeloBoost”. The rules applicable to such discounts are available where the discount is displayed. Discounts may be provided in various forms (eg promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or user survey).
(2) Different types of discounts cannot be combined when ordering and purchasing the same product.
Art. 14 When the Customer returns a product with the right to a refund of the amount paid for any reason, the price subject to the refund is reduced by the value of the discount received applied to the product, and only the amount actually paid is subject to a refund.
Art. 15 (1) The customer can pay the price of the ordered goods by using one of the options listed on the website. At http://veloboost.bg/ it is possible to pay by cash on delivery and by bank transfer.
(2) If the Customer chooses the option of delivery by courier and payment by cash on delivery, he must pay the price of the ordered items together with the cost of delivery to the courier upon receipt of the goods.
Art. 16 If the Customer chooses a payment method involving a third party payment service provider, the Customer may be bound by the terms and conditions and/or fees of such third party.
Art. 17 “VeloBoost” is not responsible if a payment method involving a third-party payment service provider is unavailable or otherwise does not function due to reasons beyond VeloBoost’s fault.
Art. 18 (1) The delivery of the ordered goods is carried out by courier to the office or delivery address specified by the Customer in the territory of the Republic of Bulgaria. Delivery is at the Customer’s expense, unless the contrary is explicitly indicated at http://veloboost.bg/.
(2) Before sending the ordered goods, “VeloBoost” has the right to contact the Customer on the phone number specified by him, in order to clarify details of the order and/or delivery.
(3) “VeloBoost” is not responsible for non-fulfillment of an order in cases where the Customer has provided incorrect, incomplete and/or inaccurate personal data, including when he has provided an incomplete, inaccurate or fictitious address or phone number.
(4) In cases where advance payment has been arranged, the order is sent within 3-5 days after receiving the payment. If the Customer wants his order to arrive before a certain date, he sends an inquiry to see if this is possible.
(4) For delivery to the country, the conditions stipulated by the courier, as well as the relevant applicable Bulgarian legislation, apply. The courier is responsible for the timely and accurate delivery of the goods.
(5) Orders placed before 4:00 p.m. are sent via the EKONT courier company within the same or the next working day, but no later than three working days.
(7) The price of delivery within the Republic of Bulgaria for orders worth up to BGN 99 is fixed at BGN 5, and for orders over BGN 99, delivery within the country is free.
Art. 20 (1) Goods ordered are delivered against signature, with larger items (at the courier’s discretion) being delivered to the entrance of the building.
(2) The customer is obliged to inspect the goods at the time of their delivery and to notify immediately in case of established discrepancies, shortages and damages. If the Customer fails to do so, the delivery shall be deemed to have been accepted without objection.
Art. 21 (1) In case of impossibility or difficulty of delivery personally to the addressee, the parcels shall be delivered as follows:
a) for a business address – to a person with a workplace at the address, noting the name of the person who received the shipment;
b) for a home address – to a member of the household, noting the name of the person who received the shipment.
(2) In case of impossibility to deliver the shipment, which occurred due to no fault of “VeloBoost” or the courier, the person carrying out the delivery calls the contact number indicated by the Customer in order to be specified from which office of the courier the Customer can receive the delivery .
(3) If it is impossible to establish contact with the Customer, the distance sales contract is automatically cancelled.
Art. 22 (1) When making international deliveries, the rules for delivery and receipt of shipments of the relevant national post office, as well as the relevant national legislation of the country in which the recipient of the goods is located, are applicable.
(2) All import charges for the importation of the goods are for the account of the Customer. The customer cannot request a refund if they have refused to pay the import charges or receive the shipment.
Art. 23 VeloBoost reserves the right to change the available delivery and payment methods and/or the terms thereof at any time by posting the available delivery and payment methods on the website without further notice.
CONTRACT CANCELLATION AND REPLACEMENT – DOWNLOAD FORM HERE
Art. 24 (1) The User has the right to withdraw from the contract without stating a reason, without owing compensation or a penalty within 14 days from the date of acceptance of the goods by the User or by a third party.
(2) In order to exercise his right under this clause, the User must unequivocally notify “VeloBoost” of his decision to withdraw from the contract, individualizing the goods he wishes to return, by providing all the details of the completed order and delivery, including , but not limited to: content and value of the order, details of the person who placed the order, details of the person who accepted the delivery and date of delivery.
(3) “VeloBoost” publishes on its website a form for exercising the right to withdraw from the contract.
(4) In order to exercise the right of withdrawal, “VeloBoost” provides the user with the option to fill in and send electronically via the website the standard withdrawal form or another unambiguous application. In these cases, “VeloBoost” immediately sends the user a confirmation of receipt of his opt-out on a durable medium.
(5) The User is obliged to return the goods at his own expense, together with the receipt and the invoice, if any, by handing them over to “VeloBoost” or to an authorized person of the latter, within 14 days from the date on which the User exercised his right to withdraw from the contract.
(6) When returning the goods, they must be in their original packaging, without additional signs of use or damage to the commercial appearance.
(7) VeloBoost has the right to delay refunding payments until the goods are received back or until proof is provided that the goods have been sent back, whichever occurs first.
(8) In the event that the User does not fulfill his obligation under paragraph 5, without notifying VeloBoost of the delay and without providing a valid reason for the same, it is considered that he has withdrawn his statement to exercise the contract waiver.
Art. 25 (1) The user has no right to withdraw from the contract if the subject of the contract is products made according to individual specifications or clearly customized;
Art. 26 “VeloBoost” reimburses the User the price he paid for the returned goods.
WARRANTIES AND COMPLAINTS
Art. 27 (1) The user has the right to claim for any non-conformity of the goods with what was agreed/ordered, when, after delivery, non-conformities with the sales contract are discovered.
(2) Purchased goods from the “VeloBoost” electronic store can only be advertised if accompanied by a report from a technically competent person who installed the goods in a workshop and/or from a certified technical means for measuring the suitability of the purchased goods, with which the non-conformity is established of the product.
Art. 28 (1) The consumer has the right to make a complaint about the goods, regardless of whether the manufacturer or the trader has provided a commercial guarantee for the goods or service.
(2) When the satisfaction of the claim is carried out by replacing the goods with another corresponding to the agreed, “VeloBoost” will keep the original warranty conditions for the user.
Art. 29 (1) When presenting a complaint about a product, the consumer can claim a refund of the amount paid, to replace the product with another one corresponding to the agreed or to a deduction from the price.
(2) The complaint is submitted verbally to the telephone number specified by “VeloBoost” or in writing via the specified e-mail, by post or delivered to the company’s address. VeloBoost provides access to a complaint form on its website.
(3). When submitting a complaint, the user indicates the subject of the complaint, his preferred way of satisfying the complaint, the amount of the claimed amount, and the address, phone number and e-mail address for contact.
(4) When submitting a complaint, the user must also attach the documents on which the claim is based, namely:
receipt or invoice;
protocols, acts or other documents establishing the non-compliance of the goods or services with the agreed;
other documents establishing the claim by basis and amount.
Art. 30 (1) Complaints about consumer goods can be submitted up to two years from the delivery of the goods, but no later than two months from the establishment of non-conformity with the agreement, as well as after the expiry of the expiry date.
(2). The term ceases to run during the time necessary to reach an agreement between the seller and the consumer to resolve the dispute.
(3) If “VeloBoost” has provided a commercial guarantee for the goods and the term of the guarantee is longer than the terms for presenting the claim under para. 1, the complaint may be submitted until the expiry of the commercial guarantee.
(4) Filing a complaint is not an obstacle to filing a claim.
Art. 31 (1) “VeloBoost” maintains a register of complaints. A document is sent to the User at the e-mail specified by him, in which the complaint number from the register and the type of goods are indicated. DOWNLOAD FROM HERE
(2) When “VeloBoost” satisfies the claim, it issues a certificate to that effect, which is drawn up in two copies, and obligatorily provides one copy to the User.
Art. 32 (1) “VeloBoost” in the event of a justified complaint brings the goods into compliance with the sales contract within one month, counted from the submission of the complaint by the User.
(2) If the goods are not repaired even after the expiration of the period under the previous paragraph, the Consumer has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction in the price of the consumer goods according to Art. 114 of the Civil Code.
(3) Bringing the consumer goods into compliance with the sales contract is free of charge for the Consumer. He does not owe the cost of shipping the consumer product or the materials and labor associated with its repair, and he does not suffer significant inconvenience.
Art. 33 (1) In case of non-compliance of the consumer goods with the sales contract and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:
cancellation of the contract and refund of the amount paid by him;
(2) The consumer cannot claim a refund of the amount paid or a reduction in the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month of the consumer’s complaint.
(3) The trader is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer, when, after having satisfied three complaints of the consumer by repairing the same product, within the warranty period, there is a following occurrence of non-compliance of the goods with the sales contract.
(4) The consumer cannot claim to cancel the contract if the non-conformity of the consumer goods with the contract is insignificant.
Art. 34 “VeloBoost” has the right at its own discretion, without giving notice, to terminate the contract unilaterally, in case it finds that the provided services are used in violation of these general conditions, the legislation in the Republic of Bulgaria and generally accepted moral norms.
Art. 35 (1) The intellectual property rights on all materials and resources located on the “VeloBoost” website (including the available databases) are subject to protection under the Copyright Act and related rights, belong to “VeloBoost” or the correspondingly indicated person who transferred the right to use “VeloBoost” and cannot be used in violation of current legislation.
(2) In the case of copying or reproducing information beyond what is permissible, as well as in case of any other violation of intellectual property rights on the resources of “VeloBoost”, “VeloBoost” has the right to claim compensation for the direct and indirect damages suffered in full.
(3) Except in cases where it is expressly agreed, the Customer may not reproduce, change, delete, publish, distribute and publicize in any other way the information resources published on the “VeloBoost” website.
Art. 36 (1) “VeloBoost” undertakes to take due care to provide the Customer with an opportunity for normal access to the services provided.
(2) “VeloBoost” has the right to disable or delete the Customer name and password for access to the Customer’s Customer Profile, in case the latter violates the intellectual property rights of “VeloBoost” on the elements – objects of intellectual property – contained on its website.
(3) “VeloBoost” reserves the right to suspend access to the provided services after sending a notice in the Customer’s Customer Profile. “VeloBoost” has the right, but not the obligation, at its discretion to delete information resources and materials posted on its site.
TERMINATION AND CANCELLATION OF AGREEMENT
Art. 37 (1) Apart from the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon suspension of the activity of “VeloBoost” or termination of maintenance of its website.
(2). Upon termination of the contract, “VeloBoost” deactivates the Customer’s Customer Profile and deletes the password for accessing it.
Art. 38 Apart from the cases mentioned above, each of the parties may cancel this contract by giving a one-week notice to the other party in case of non-fulfillment of the obligations under the contract.
Art. 39 The written form of the contract is considered to be complied with by sending an e-mail message, pressing an electronic button on a page with content that is filled in or selected by the Customer or ticking a field (check box) on the website, etc. similar, insofar as the statement is technically recorded in a way that makes it possible to reproduce it.
BODIES REGULATING THE ACTIVITY
Art. 40 The authorities regulating the activity of “VeloBoost” are the Commission for the Protection of Consumers /CCP/ and the Commission for the Protection of Personal Data (PCPD), with the following coordinates:
phone: 0700 111 22
address: city of Sofia, Slaveykov Square, No. 4A, floors 3, 4 and 6
address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov” No. 2
Art. 41 Consumers can use the European Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/odr / – a single access portal that allows consumers and traders in the EU to resolve disputes between themselves .
Art. 42 The parties declare that, in the event that any of the clauses under these General Terms and Conditions is/are found to be invalid, this will not invalidate the entire contract or any of its other parts. The invalid clause will be superseded by the mandatory rules of law or established practice.
AMENDMENT OF TERMS AND CONDITIONS
Art. 43 (1) “VeloBost” undertakes to notify the Clients of any change in the present general terms and conditions within 7 days of the occurrence of this circumstance to the e-mail address specified by the Client.
(2) When he does not agree with the amendments to the general conditions, the Customer has the right to withdraw from the contract without giving a reason and without owing compensation or penalty. In order to exercise this right, the Customer should notify “VeloBoost” within one month of receiving the message under the previous paragraph.
(3) In the event that the Customer does not exercise his right to withdraw from the contract in accordance with the procedure stipulated in these general conditions, it is considered that the amendment has been accepted by the Customer without objection.
Art. 44 The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not settled by these General Terms and Conditions.