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General terms and conditions of use

 


1. Subject


Art. 1 These terms of use ("Terms") regulate the relationship between Bagso International Ltd., a company registered under the Commercial Law of the Republic of Bulgaria with UIC 207491479, VAT registration number: BG207491479, and registered office at Gabrovo, 22 Hristo Konkilev St. (hereinafter "Supplier"), on the one hand, and any person (hereinafter "User") who makes a purchase through the Bagso.bg site (hereinafter "Website"), collectively referred to as the "Parties." 


Art. 2 The User declares that they have the legal capacity to enter into a contract, allowing them to place an order on this Website. The Parties agree that their relationship is governed exclusively by these Terms. The Terms may be changed, and in this regard, the applicable Terms are those in effect at the time the order is placed on the Website.


Art. 3 The Supplier organizes the delivery of goods ordered by Users and guarantees the rights of Users provided by law, within the bounds of good faith, accepted practices, consumer or commercial law criteria and conditions.


Art. 4(1) To complete the order requested by the User, the Parties enter into a purchase agreement for the requested goods or services.

(2) The contract is concluded in Bulgarian and is stored in the Supplier’s database.


Art. 5 Under the concluded purchase agreement, the Supplier undertakes to organize the delivery and transfer of ownership of the goods specified by the User, and the User undertakes to pay the Supplier the pre-announced fee for the goods and delivery according to the terms set on the Website and these Terms.


2. Used concepts.


Website/site - a designated place on the global Internet accessible via its unified address (URL) using the HTTP, HTTPS, or another standardized protocol, containing files, programs, text, sound, images, pictures, or other materials and resources and concepts.

Supplier/merchant - “Bagso International” Ltd. is a legal entity engaged in purchasing goods or other items for resale in their original, processed, or treated form, as well as selling goods of own production. 

User - a person who uses the website or enters into purchase agreements with “Bagso International” Ltd. by using the “Quick Order” procedure or by registering online on the bagso.bg platform.

Delivery time - the time for delivering the goods to the User through a courier company. The delivery period depends on the delivery method chosen by the User.

Working days – all days of the week, except those designated as holidays by law. 

Personal data - any information relating to an identified or identifiable living individual. Separate data which, when combined, can lead to the identification of a specific person also constitute personal data. Examples include: first and last name, home address, email address, identity card number, location data, internet protocol (IP) address.


2. Website Features


Art. 6 This Website is an e-commerce platform through which Users can conclude purchase and delivery contracts for goods offered by the Provider, including:


To register and create a profile on the Website platform;
To view the goods, their characteristics, prices, and delivery terms;
To conclude purchase and delivery contracts with the Provider for the goods offered through the Website;
To receive information about new goods, services, or other promotions offered through the Website;
To be informed about their rights arising from applicable laws and to exercise those rights. 


3. Registration and order data


Art. 7 (1) Registration (creating a profile) on the Website is completely voluntary and free of charge. Registration is only necessary when using certain functionalities of the Website. 

(2) The User can browse the Website and offered goods freely without registration. Registration is not a mandatory condition to place an order and conclude a purchase contract for the goods on the Website.


Art. 8 To register, the User must fill out a registration form by providing their first and last name, email address, and create a password.


Art. 9 (1) To complete their registration, the User must agree to the Privacy Policy. 

(2) The User will also have the opportunity to give their consent to receive information about discounts and promotions via email - consent is not mandatory to complete the registration.


Art. 10 Before completing an order as a registered user, the User must provide an additional phone number and delivery address if they wish the ordered goods to be delivered to an address specified by the User.


Art. 11 When providing registration and order data, the User agrees to: provide true, accurate, current, and complete information about themselves when filling out the registration form;


Art. 12 In case the User provides false, inaccurate, outdated, or incomplete information, the Provider has the right to block and/or delete the User's account and deny further access to part or all of its services.


Art. 13 The User is responsible for maintaining the confidentiality of their account. The User must immediately notify the Provider of any unauthorized use of their account or any other security breach.


Art. 14(1) In case the User forgets (loses) their password, they may request a new password from the Provider, who will automatically send a message to the User's email containing a new password for account access. 

(2) It is recommended that immediately after accessing the account with the automatically generated password, the User changes this password to another secure password via the user panel.


Art. 15 The Provider is not responsible for any damages or losses arising from non-compliance with the provisions of this section.


4. Ordering products


Art. 16(1) The order placement (conclusion of the purchase-sale contract) is carried out through the following steps:

The User fills their cart with selected products;
The User enters delivery details;
The User selects the delivery method;
The User selects the payment method;
The User enters invoice details (optional);
The User agrees to these Terms of Use and the Privacy Policy;
The User submits their order by clicking the "Complete Order" button;
(2) The User has the right to choose one of the following payment methods: 

Cash on delivery (COD);

Card payment (virtual POS);


(3) The prices displayed on the Website are indicated in Bulgarian lev and include VAT, applicable for delivery within the territory of Bulgaria.

(4) After completing the order, the User will receive an order confirmation email from the Provider containing order details.

(5) The order confirmation email serves as acceptance by the Provider of the submitted order and thus forms a purchase-sale contract between the Parties.


Art. 17 As soon as the order is ready for dispatch, the Provider will send an email confirming the shipment of the order to the User.


5. Rights and obligations of the parties. 

  

Art. 18 According to the distance sales contract, the Provider has the following rights:

To store informational materials and resources about user behavior and the order history of each User on its own server. An exception to the above applies when this is necessary to protect the rights, legitimate interests, and security of the Provider or third parties, as well as when requested by the relevant state authorities in due order.
To send commercial messages to Users in order to offer information and advertisements about products, conduct surveys, and more. By accepting these Terms and Conditions, Users agree to receive commercial messages from the company. 
At its discretion and without prior notice, to temporarily or permanently suspend and restrict the User's access to the website. This right also applies when information is received from third parties indicating that the User is using the website in violation of Bulgarian law, these Terms and Conditions, good morals, or other applicable regulations.
To receive the price announced on the website after fulfilling the obligation to deliver the goods subject to the distance sales contract.
To temporarily or permanently suspend the provision of certain products or functionalities available through the online store without the need to notify Consumers in advance.

Art. 19 According to the distance sales contract, the Supplier has the following obligations:

To store, protect, and use only for the intended purpose the received informational materials or personal data without disclosing them to third parties, unless otherwise stated in these General Terms and Conditions. 
To provide the Consumer with the option to unsubscribe from the Newsletter at any time. 
To transfer possession of the goods subject to the contract, including by delivery to a settlement within the territory of the Republic of Bulgaria, at the Consumer's choice.
In case of impossibility to fulfill the contract, to notify the Consumer within 48 hours from the moment the order is sent about this circumstance.
If there are legal grounds for exercising the right of withdrawal, to return the amounts received under the respective distance sales contract. 

Art. 20 According to the distance sales contract, the Consumer has the following rights:

To receive possession of the goods they ordered through the Supplier's platform.
To withdraw from the contract within 14 days if they have consumer status. 
To exercise their right to complaint if the grounds for this exist, according to these General Terms and Conditions.
To file claims for compensation in case of material or non-material damages caused by non-fulfillment of the contract.   

Art. 21 According to the distance sales contract, the Consumer has the following obligations:

Not to transfer their rights to third parties without explicitly notifying the Supplier.
To pay the price of the goods using one of the payment methods specified in these General Terms and Conditions.
To check the availability and quality of the ordered goods at the time of delivery and, if they do not meet the requirements, to notify the Supplier immediately.
If an order has been placed, to accept the goods if they correspond to the characteristics specified at the time of the order. 
To comply with the rules of these General Terms and Conditions. 
Not to abuse their rights with the aim of causing material or non-material damage to the Supplier

Art. 22 For cases not regulated in this section, the rules of the Obligations and Contracts Act, the Commercial Act, and the Consumer Protection Act apply.


6. Delivery


Art. 23(1) The Consumer may choose whether the goods are delivered to an address specified by them or to a courier office. Products are delivered only and exclusively to regular postal addresses within the territory of Bulgaria. 

(2) Goods can also be delivered to a so-called "collective" address (an address such as a business building, school, kindergarten, etc.). In this case, the Consumer confirms that delivery of the order is considered made upon actual handover at the collective address specified in their order, even if the goods are received by a third party.

(3) The transfer of risk to the Consumer occurs upon delivery, so it is important that the Consumer takes all measures to ensure receipt of their order at such an address.


Art. 24 The delivery time is 30 days from the conclusion of the contract, unless otherwise stated on the product page of the selected goods at the time of order. The Consumer will be informed about the shipment of their order automatically by email or phone.


Art. 25 If the Supplier cannot fulfill the contract because the ordered goods are not available, they are obliged to notify the Consumer and refund the amounts paid.


Art. 26 Delivery is carried out by a courier company, and the costs are borne by the Consumer, unless otherwise provided in these Terms.


Art. 27(1) A Consumer who is absent during delivery will be contacted again according to the rules of the respective courier, and if delivery is not completed within 10 working days, the product will be returned to the Supplier. 

(2) The Supplier will attempt to contact the Consumer, and if there is no response within 7 working days, it is assumed that the Consumer refuses the order.


7. Right to return the goods


Art. 28 (1) The Consumer has the right to withdraw from the concluded contract within 14 days from the date the goods are received by the Supplier, without owing compensation or penalty and without stating a reason, unless otherwise explicitly stated on the product page of the selected goods at the time of order. 

(2) The Consumer is obliged to pay the costs of returning the goods. 

(3) The Consumer must notify the Supplier of their wish to withdraw from the contract or to replace a given product clearly and unambiguously by filling out the standard withdrawal form in one of the following ways:

- by mail to the address Gabrovo, Hristo Konkilev St. 22

- via email at support@bagso.bg


Art. 29 (1) The Supplier shall refund all amounts received from the Consumer, except for courier costs, without undue delay and no later than 14 days from the date the goods are received by the Supplier.

(2) The Supplier refunds the received amounts using the same payment method used by the Consumer in the original transaction, unless the Consumer has explicitly requested the use of a different payment method and provided that this does not incur costs for the Consumer.


Art. 30 Instead of a refund of the paid amount, the Consumer has the right to request a size or item replacement listed in their original order.


Art. 31 The costs of returning the goods are borne by the Consumer.


Art. 32(1) The Consumer is obliged to return the goods in a commercial condition that allows their subsequent sale, unless unpacking the goods leads to obvious damage to the commercial condition of the goods, such as, but not limited to, a destroyed box, hermetic packaging, and other similar cases.

(2) In case of damaged commercial appearance of the goods, the Supplier has the right at their discretion to refuse to accept the withdrawal from the contract or to charge the Consumer costs for restoring the goods to commercial condition. This rule applies when there is a reduced value of the goods caused by testing them beyond what is necessary to establish their nature, characteristics, and proper functioning.

(3) Upon acceptance of the goods for which the right of withdrawal under this article has been exercised, the Supplier inspects the goods and may refuse to accept them if it finds that the returned goods differ from those delivered to the Consumer.


8. Statutory and commercial warranty


Statutory warranty

Art. 33(1) The Supplier reminds the Consumer of the existence of a statutory warranty regulated by the Law on the Provision of Digital Content and Digital Services and the Sale of Goods (LPDCDS). 

(2) The statutory warranty represents an obligation of the Supplier for two years from the delivery of the goods to guarantee that they have sold an item that corresponded to the description in the sales contract. The two-year period starts from the day the Consumer received the delivery.

Art. 34 In the context of the statutory warranty, when the goods do not meet the individual requirements for compliance with the contract, the objective requirements for compliance, the Consumer has the right: - to make a complaint, requesting the seller to bring the goods into compliance;

- to receive a proportional price reduction;

to cancel the contract.

Art. 35 When making a complaint, the consumer has the right to demand that the goods be brought into compliance with the contract, which can be done by repair or replacement of the goods. The Supplier may refuse to bring the goods into compliance if repair or replacement is impossible for the Supplier, or if it would lead to disproportionately high costs for them, taking into account all circumstances of the specific case, including the value the goods would have if there were no non-compliance, the significance of the non-compliance, and the possibility of providing the consumer with another remedy without significant inconvenience to the consumer.

Art. 36 The Consumer has the right to request a proportional price reduction or to cancel the sales contract when:

The Supplier has not repaired or replaced the goods or has refused to bring the goods into compliance with the contract.
a discrepancy appears despite the Supplier's actions to bring the goods into compliance;
the non-conformity is so serious that it justifies an immediate price reduction or cancellation of the sales contract, or
The Supplier has stated or it is clear from the circumstances that they will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

Art. 37(1) The consumer has no right to cancel the contract if the non-conformity is minor. The burden of proof as to whether the non-conformity is minor lies with the Consumer.

(2) The consumer has the right to refuse payment of the remaining part of the price or part of the price until the Supplier fulfills their obligations to bring the goods into conformity.

(3) When the consumer has chosen a price reduction, it is reduced proportionally to the difference between the value of the goods received by the consumer and the value the goods would have if there were no non-conformity.


Art. 38(1) The consumer exercises their right to cancel the contract by submitting a statement to the Supplier notifying them of their decision to cancel the sales contract. When the non-conformity relates only to some of the goods delivered under the sales contract and there is a basis for contract cancellation, the consumer has the right to cancel the sales contract only with regard to those goods that do not conform, as well as with regard to any other goods acquired together with the non-conforming goods, if it cannot reasonably be expected that the consumer will agree to keep only the goods that conform. 

(2) When the consumer cancels the sales contract in whole or in part only with regard to some of the goods delivered under the sales contract, the consumer shall return those goods to the Supplier without undue delay and no later than 14 days from the date on which the consumer notified the Supplier of their decision to cancel the sales contract. The deadline is considered met if the consumer has returned or sent the goods back to the Supplier before the expiry of the 14-day period. 

(3) The Supplier shall refund the consumer the price paid for the goods after their receipt or upon presentation of proof by the consumer of their dispatch to the Supplier. The Supplier is obliged to refund the amounts received using the same payment method used by the consumer in the original transaction, unless the consumer has explicitly agreed to use another payment method and provided that this does not incur costs for the consumer.


Art. 39 The statutory warranty for conformity applies regardless of any commercial warranty that may be provided.


Commercial Warranty


Art. 40(1) Some goods sold through the Website may also be covered by a commercial warranty, the duration of which is specified on the product page of the respective goods. 

(2) If the product is covered by a commercial warranty, the User will receive a warranty card no later than at the moment of receiving their order, which will specify the content of the commercial warranty, its execution, duration, and territorial scope, as well as the name and address of the ordering party. For all products, the warranty conditions of the respective manufacturer or authorized service centers apply. Only original warranty cards received with the product are valid in the service centers.


Art. 41 The warranty is void in case of:

- damages caused by improper storage or use.

- attempted repair by the User and/or another person.

- when using low-quality and non-original consumable materials.

- as a result of force majeure circumstances.


 9. User Behavior


Art. 42 Users of the Website understand that the information, data, published opinions and comments, text, software, music, sound, photos, or any other materials (collectively hereinafter referred to as "Content") that they make publicly available or transmit confidentially through the use of the Website are the sole responsibility of the User generating that Content.


Art. 44 By using the Website, the User may encounter Content that is offensive, obscene, or unacceptable in nature. Under no circumstances shall the Provider be responsible for any Content created by Users, including errors and omissions therein and/or for any damages and harm of any kind resulting from the use of the Content displayed, published, sent, or otherwise transmitted through the Website.


Art. 45 The User agrees NOT to use the Website to:

to formulate, send or otherwise transmit Content that is illegal, harmful, threatening, offensive, disturbing, injurious, defamatory, vulgar, obscene, slanderous, violating the confidentiality of third parties, or unacceptable on racial, ethnic, or other grounds;
to create advertising content for goods and services outside the Website, as well as to publish internet addresses pointing to pages and services outside the Website, except where explicitly stated as allowed.
to impersonate a person or group of people, including but not limited to: a representative of the Provider, a representative of the manufacturer, etc., as well as to otherwise mislead about their identity;
to falsify headers or otherwise manipulate identification means in order to conceal the origin of Content transmitted through the Website;
to formulate, send, publish or otherwise transmit Content that they are not legally entitled to transmit or as a result of other contractual or confidential relationships (such as insider information, confidential information, or information regarding someone's property obtained through employment relationships, or which is subject to non-disclosure agreements);
to create, send, publish, or otherwise transmit Content that infringes any patent, trademark, copyright, or other proprietary rights of any party;
to create, send, publish, or otherwise transmit unauthorized advertising materials, unsolicited commercial messages (spam), "chain letters," redirected alias subdomains, "pyramid schemes," or other forms of customer solicitation;
to create, send, publish, or otherwise transmit materials containing computer viruses or other computer codes, files, or programs intended to interrupt, disrupt, or limit the functioning of computer software, hardware, or telecommunications equipment;
to disrupt the normal operation of other Website users;
to interfere with the provision of Website services or disrupt the operation of servers or networks related to the services, or to fail to comply with the requirements, procedures, policies, or regulations of networks related to the Website;
to intentionally or unintentionally violate local, national, or international laws;
to pursue or otherwise harass another User;
to collect and misuse personal information about other Users.
Art. 46(1) The Provider reserves the right to restrict and/or deny access to the Website to Users who repeatedly or systematically violate the above-listed requirements.

(2) The Provider reserves the right to edit and remove information provided by the user in violation of the above-listed requirements.


10. Personal Data Protection. 


Art. 47(1) The Provider on the bagso.bg platform takes measures to protect the User's personal data in accordance with the Personal Data Protection Act and the applicable European Union law regulations.

(2) For the security of Users' personal data, the Provider on the bagso.bg platform will send data only to the e-mail address provided by the Users at the time of registration.

(3) The Provider on the bagso.bg platform has the right to store data on the User's end communication device unless the User explicitly expresses disagreement with this.

(4) The User agrees that the Provider of the bagso.bg platform has the right to send electronic messages to the User at any time, including newsletters or purchase offers for goods, as long as the User is registered in the Provider's online store on the bagso.bg platform, provided that the User has selected this option during registration. The User's consent to receive electronic messages and newsletters can be withdrawn at any time and must be explicitly documented in writing.

(5) By agreeing to these Terms and Conditions, the User consents that the Provider of the platform bagso.bg has the right to collect, store, and process data about the User's behavior when using the Provider's online store on the bagso.bg platform.

(6) As of 28.05.2018, which is the start date of the application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), consent for the processing of personal data is obtained from the User explicitly, in writing, and for each specific case.

Art. 48(1) At any time, the Provider of the platform bagso.bg has the right to require the User to identify themselves and verify the accuracy of any circumstances and personal data declared during registration.

(2) In case the User has forgotten or lost their username and password for any reason, the Provider of the platform bagso.bg has the right to apply the announced "Procedure for lost or forgotten usernames and passwords" via the "Forgot password" button.


.11. Copyrights and related restrictions.


Art. 49(1) The Provider grants Users the right to use all services provided through the Website only for personal, non-commercial purposes, provided that the copyrights of the Provider or third parties directly or indirectly related to the Website materials are not violated. It is not permitted to modify the Website materials in any way, nor to copy, publicly distribute, or share them for any public or commercial purpose. The use of materials published on the Website on other websites is prohibited.

(2) The materials on this Website are protected by copyright law and related rights, and any unauthorized use may constitute copyright infringement.

(3) The Provider reserves the right to assign the rights to publish materials and any parts of the information on the Website to third parties under an additional written agreement regulating the rights and obligations between the Provider and the party publishing the information.


12. Links from and to the Website


Art. 50(1) Website and page owners outside the Website have the right to create links to any HTML page of the Website under the following conditions:

the link may point to the given page but not copy its content; copying text material from the linked page is allowed up to a length of no more than 10 words;
must not open the Website page in frames and add or change the information on the page in any way. This includes prohibiting adding information before, after, and/or around the Website page;
must not explicitly or implicitly state that the Website recommends them and/or their products and services;
must not provide false or misleading information about the products and/or services of the Website.
By creating a link to the Website, the website owner declares acceptance of these Terms, even if they do not use the services of the Website.

(2) Owners of websites and pages outside the Website are not allowed to create links to images, multimedia samples, and other content, only to the HTML pages providing this content.


Art. 51(1) The links provided on the Website to other websites owned by third parties are published solely for the convenience of users. When using such a link, users do not use a service provided by the Website, and after using the link, these Terms cease to apply.

(2) The supplier does not control these websites linked to and assumes no responsibility for any of them and/or their content. Thus, 

(3) The supplier in no way imposes or recommends these websites or the information published on them. Visiting and all risks associated with such a website are entirely the responsibility of the Consumer.


13. Liability. 


Art. 52 The consumer undertakes to indemnify and hold the supplier harmless in case of lawsuits and other claims by third parties (whether justified or not), for all damages and expenses (including attorney fees and court costs) arising from or related to the failure to fulfill any of the obligations under this contract, as well as in case of violation of copyright, producer rights, broadcasting rights, or other intellectual or industrial property rights. 

Art. 53 The supplier is liable for:

Failure to deliver and organize the delivery and handover of the goods to the Consumer by the respective courier within the deadline specified in the contract.
Third-party rights over goods offered in the online store.
Inaccurate fulfillment of the contract in terms of quantity or quality. 
 Art. 54 The supplier is not liable in cases of force majeure, accidental events, Internet issues, technical or other objective reasons, including orders from competent state authorities.


14. Information about supervisory authorities


Consumer Protection Commission

Address: Sofia, "Slaveykov" Square No. 4A, floors 3, 4, and 6,

Phone: 02 / 980 25 24

Fax: 02 / 988 42 18

Hotline: 0700 111 22

Website: www.kzp.bg


Commission for Protection of Competition

Address: Sofia, 18 Vitosha Blvd.

Phone: 02 / 935 61 13

Fax: 02 / 980 73 15

Hotline: 0700 111 22

Website: www.cpc.bg


15. Applicable Law and Disputes


Art. 54(1) These Terms of Sale are subject to Bulgarian law.


(2) All disputes between the parties are resolved in a spirit of understanding and goodwill. If no agreement is reached, all unresolved disputes arising from or related to the contract between the parties, including disputes related to its interpretation, invalidity, performance, or termination, will be resolved by the court with competent jurisdiction, determined according to the provisions of the Civil Procedure Code.


(3) The User is informed about the possibility to resort in case of dispute to a conciliation commission according to the Consumer Protection Act (CPCA), mediation procedure, EU online dispute resolution, or another alternative dispute resolution method.


16. Other


Art. 55 The Provider does not guarantee the accuracy, completeness, truthfulness, or nature of content sent and distributed through the Website. The Provider also does not guarantee that the materials or services on this Website are suitable or accessible outside Bulgaria, and accordingly access from territories where their content is illegal is not permitted.


Art. 56 The Provider has the right to change the technology and design of the provided goods without prior notice.


Art. 57 Given the international nature of the Internet and that the Website is connected to this network, the Provider cannot guarantee that the flow of information to and from the Website will not be monitored and recorded by third parties.


Art. 58 Use of the Website by persons under 18 years of age is prohibited.


17. Amendment and Entirety of the Terms


Art. 60(1) These general terms may be amended by the Provider, who will notify all registered Users in an appropriate manner.

(2) The parties agree that any addition or amendment to these general terms will apply to the User in one of the following cases:

1. after explicit notification by the Provider and if the User does not declare within the provided 14-day period that they reject them, or

2. after their publication on the Provider's website and if the User does not declare within 14 days from their publication that they reject them, or

3. with its explicit acceptance by the User through their profile on the Provider's website.

Art. 61 When using the Website services, the User undertakes to comply with these Terms, as well as all other conditions imposed by the legislation of the Republic of Bulgaria and international law, even if not mentioned in these Terms.


18. Correspondence Data with the Provider


Bagso International Ltd.

Address: Gabrovo, 22 Hristo Konkilev St.

Email: hello@meriboo.com


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