I. SUBJECT MATTER
Art. 1. These General Terms and Conditions are intended to regulate the relations between Exalto Ltd., Sofia, Ilyinden Residential Complex, Bl. 129-130, Entr. A, EIK 204005541, represented by Boryana Manolova Stoykova, hereinafter referred to for brevity as SUPPLIER, and the customers, hereinafter referred to as USERS, of the online store "www.exallto.com", hereinafter referred to as "ONLINE STORE".
II. SUPPLIER DETAILS
Art. 2. Information in accordance with the Electronic Commerce Act and the Consumer Protection Act:
1. Supplier Name: Exalto Ltd.
2. Registered Office and Management Address: Sofia, Ilyinden Residential Complex, Bl. 129-130, Entr. A
3. Business Address: Sofia, Lyulin 10 Residential Complex, Bl. 142, Shop 2
4. Data for correspondence: Sofia, Email: sales@exallto.com, tel: +359 884 836 142
5. Registration in public registers: EIK 204005541
6. Supervisory bodies:
(1) Commission for Personal Data Protection
Address: Sofia, "Ivan Evstatiev Geshov" Str. No. 15,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: kzld@government.bg, kzld@cpdp.bg
Website: www.cpdp.bg
(2) Commission for Consumer Protection
Address: 1000 Sofia, "Slaveykov" Sq. No. 4A, floors 3, 4 and 6
tel.: 02 / 980 25 24
fax: 02 / 988 42 18
hotline: 0700 111 22 Website: www.kzp.bg
VAT Registration No. BG 204005541
III. CHARACTERISTICS OF THE ONLINE STORE
Art. 3. ONLINE STORE is an online store accessible at the Internet address www.exallto.com, through which Users have the opportunity to conclude contracts for the purchase, sale and delivery of goods offered by ONLINE STORE , including the following:
1. To register and create a profile for browsing the ONLINE STORE and using additional services for providing information;
2. To make electronic declarations regarding the conclusion or performance of contracts with ONLINE STORE through the interface of the ONLINE STORE, accessible in the Internet;
3. To conclude contracts for the purchase, sale and delivery of goods offered by ONLINE STORE;
4. To make any payments related to contracts concluded with ONLINE STORE, according to the methods maintained by ONLINE STORE for payment.
5. To receive information about new goods offered by ONLINE STORE;
6. To view goods, their characteristics, prices and conditions for delivery;
7. To be informed of rights arising from the law, primarily through the interface of the ONLINE STORE in the Internet;
Art. 4. The Supplier delivers the goods and guarantees the rights of Users, provided by law, within the scope of good faith, accepted practice, consumer or commercial law criteria and conditions.
Art. 5. (1) Users conclude a contract for the purchase and sale of goods offered by ONLINE STORE through the interface of the Supplier, accessible on its website at the address www.exallto.com or other means of communication at distance.
(2) By virtue of the contract concluded with Users for the purchase and sale of goods, the Supplier is obliged to deliver and transfer ownership of the User of the goods specified by them through the interface goods.
(3) Users pay the Supplier remuneration for the delivered goods according to the conditions determined on the ONLINE STORE and these General Terms and Conditions. The remuneration is equal to the price announced by the Supplier at the address of the ONLINE STORE in the Internet.
(4) The Supplier delivers the goods requested by Users within the timeframes and under the conditions determined by the Supplier on the online store page and in accordance with these General Terms and Conditions.
(5) The delivery price is determined separately and explicitly from the price of the goods.
Art. 6. (1) The User and the Supplier agree that all declarations between them regarding the conclusion and performance of the purchase and sale contract may be made electronically and through electronic declarations within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is presumed that electronic declarations made by Users on the site are made by the persons indicated in the data provided by the User when registering, if the User has entered the corresponding name and password for access.
IV. USE OF THE ONLINE STORE
Art. 7. (1) In order to use the ONLINE STORE to conclude contracts for the purchase and sale of goods, the User must enter a name and password of their choice for remote access, in cases where the online store requires registration.
(2) The name and password for remote access are determined by the User, by registering electronically on the Supplier.
(3) By filling in their data and clicking the "Yes, I accept" and "Registration" buttons, the User declares that they are familiar with these General Terms and Conditions, agree with their content and unconditionally undertake to comply with them.
(4) The Supplier confirms the registration made by the User by sending a letter to the User email address, to which information for activating the registration is also sent. The Recipient confirms the registration and the conclusion of the contract through an electronic link in the letter notifying them of the registration made, sent by the Supplier. After confirmation, an account is created for the User and contractual Supplier relations arise between them and the relations.
(5) When registering, the User is obliged to provide true and up-to-date data. The User updates the data indicated in their registration in a timely manner in case of change.
(6) In case the registration of the User uses a profile in web social networks or other networks, the party to the contract is the person who is the holder of the profile used for registration in the respective social or other network. In this case, the Supplier has the right to access the data necessary to identify the User in the respective social or other network.
Art. 8. (1) The email address provided during the initial registration of the User, as well as any subsequent email address used for the exchange of declarations between the User and the Supplier, is "Primary Email Address" within the meaning of these General Terms and Conditions. The User has the right to change their Primary Contact Email Address.
(2) Upon receipt of a request to change the Primary Contact Email Address, the Supplier sends a request to confirm the change. The confirmation request is sent by the Supplier to the one specified by the User new Primary contact email address.
(3) The change of the Primary contact email address is made after confirmation from the User, expressed through a link contained in the confirmation request sent by the Supplier to the one specified by the User new Primary contact email address.
(4) The Supplier informs the User of the change made, by email sent to the Primary contact email address specified by the User before making the change pursuant to para. 2.
(5) The Supplier does not bear liability to the User for unauthorised change of the Primary contact email address.
(6) The Supplier may require from the User the use of the Primary contact email address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A SALES CONTRACT
Art. 9. (1) Users primarily use the interface of the Supplierwebsite, to conclude sales contracts for the goods offered by the Supplier in the ONLINE STORE.
(2) The contract is concluded in Bulgarian language.
(3) The contract between the Supplier and the User consists of these general terms, available at www.exallto.com.
(4) A party to the contract with the Supplier is the User according to the data provided during registration and contained in the personal profile of the User. To avoid doubt, this is the data with which an account was created with the Supplier.
(5) The Supplier includes in the interface of its website technical means for detecting and correcting errors when entering information, before the declaration to conclude the contract is made.
(6) This contract is deemed concluded from the moment of registration of the User with the Supplier. The sales contract for goods is deemed concluded from the moment it is ordered by the User through the interface of the Supplier.
(7) For the conclusion of this contract and for the conclusion of the sales contract for goods, the Supplier explicitly notifies the User in an appropriate manner via electronic means.
(8) The declaration to conclude the contract and the confirmation of its receipt are deemed received when their addressees have access to them.
(9) The Supplier delivers the goods to the address specified by the Users and bears no liability in case the data specified by the Users are incorrect or misleading.
Art. 10. Users conclude the sales contract with the Supplier according to the following procedure:
(1) Registration in the ONLINE STORE and provision of necessary data, if the User does not have a registration in the ONLINE STORE;
(2) Logging in to the system for placing orders in the ONLINE STORE by identifying with username and password;
(3) Selecting one or more of the goods offered in the ONLINE STORE and adding them to the list of goods for purchase;
(4) Providing data for delivery;
(5) Choosing the method and time for payment of the price.
(6) Confirmation of the order;
VI. SPECIAL OBLIGATIONS OF THE SUPPLIER. CONSUMER PROTECTION
Art. 11. The rules of this Section VI of these general terms apply to Users, for whom, according to the data specified for concluding the sales contract or during registration in the ONLINE STORE, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
Art. 12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each product on the ONLINE STORE
(2) website. The price of the goods including all taxes is determined by the Supplier in the profile of each product on the ONLINE STORE
(3) website. The value of postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following moments before concluding the contract:
- In the profile of each product on the Supplier website of the ONLINE STORE;
- When selecting goods to conclude the sales contract;
(4) The method of payment, delivery and performance of the contract is determined in these general terms, as well as the information provided to the User on the Supplier
(5) website. The information provided to the Users under this article is current at the time of its display on the Supplier website of the ONLINE STORE before concluding the sales contract.
(6) The Supplier must specify the delivery conditions for individual products on the ONLINE STORE
(7) website. The Supplier specifies before concluding the contract the total value of the order for all goods contained therein.
Art. 13. (1) The consumer agrees that the Supplier has the right to accept advance payment for sales contracts concluded with the consumer for goods and their delivery.
(2) The consumer independently chooses whether to pay the Supplier the price for delivery of the goods before or at the time of their 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 working days from the date of receipt of the goods.
(2) The right of withdrawal under para. 1 does not apply in the following cases:
- for delivery of goods and provision of services, the price of which depends on fluctuations in the financial markets that the Supplier is unable to control;
- for delivery of goods manufactured according to the consumer's requirements or by their individual order;
- for delivery of goods which, by their nature, are used or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration of their quality characteristics, including perfumery and cosmetic products;
- for delivery of audio and video recordings or software products printed by the consumer;
- for delivery of newspapers, magazines and other periodical publications;
(3) When the Supplier has not fulfilled its obligations to provide information as specified in Article 54 of the Consumer Protection Act, the consumer has the right to withdraw from the concluded contract within three months from the date of receipt of the goods. When the information under this paragraph is provided to the consumer within the withdrawal period, the period begins to run from the date of provision j.
(4) In the event that the consumer exercises their right of withdrawal under para. 1, The Supplier is obliged to refund in full the amounts paid by the consumer no later than 30 calendar days from the date on which the consumer exercised the right to withdraw from the concluded contract. From the amount paid by the consumer under the contract, the costs of returning the goods shall be deducted, unless the consumer has returned the goods at their own expense and has notified the Supplier.
(5) The consumer undertakes to keep the goods received from the Supplier and their quality and safety during the period specified in para. 1.
Art. 15. (1) The delivery period for the goods and the starting point from which it runs are determined for each item individually when concluding the contract with the consumer via the website of the Supplier of ONLINE STORE, unless the goods are ordered in a single delivery.
(2) In the event that the consumer and the Supplier have not specified a delivery period, the delivery period for the goods is 30 working days from the date following the sending of the consumer's order to the Supplier via the website of the Supplier ONLINE STORE.
(3) If the Supplier cannot perform the contract because it does not have the ordered goods, it is obliged to notify the consumer thereof and to refund the amounts paid by them within 30 working days from the date on which the Supplier should have fulfilled its obligation under the contract.
(4) In the cases under para. 3, the Supplier has the right to deliver goods of the same quality and price to the consumer. The Supplier notifies the consumer electronically of the change in the performance of the contract.
(5) In the event of exercising the right of withdrawal from the delivery contract under para. 4, the costs of returning the goods shall be borne by the Supplier.
Art. 16. (1) The Supplier delivers the goods to the consumer after verifying the fulfilment of the requirements and the existence of the circumstances under Article 61 of the Consumer Protection Act.
(2) The consumer and the Supplier verify the circumstances under para. 1 in writing at the time of delivery by means of a handwritten signature, unless otherwise agreed upon.
(3) The consumer and the Supplier agree that the requirements under para. 1 and Article 61 of the Consumer Protection Act shall be complied with if the verification is carried out by a person from whom, given the circumstances, it can be inferred that they will pass the information to the consumer – party to the contract.
VII. OTHER CONDITIONS
Art. 17. (1) The Supplier delivers and hands over the goods to the User within the period specified when concluding the contract.
(2) If the period under para. 1 is not expressly agreed between the parties when concluding the contract, the Supplier delivers and hands over the goods within a reasonable period, but no later than 2 months.
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, must immediately notify the Supplier.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The Supplier takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(2) For reasons of security of the personal data of Users, the Supplier will send data only to the e-mail address specified by Users at the time of registration.
(3) The Supplier adopts and publishes on its website a Personal Data Protection Policy, available at www.exallto.com.
Art. 20. (1) At any time, the Supplier has the right to require the User to identify themselves and to verify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for some reason the User has forgotten or lost their username and password, the Supplier has the right to apply the published "Procedure for Lost or Forgotten Usernames and Passwords", available at www.exallto.com.
IX. AMENDMENT AND ACCESS TO GENERAL CONDITIONS
Art. 21. (1) These general terms and conditions may be amended by the Supplier, who shall notify all Users of ONLINE STORE, who have a registration, in an appropriate manner.
(2) The Supplier and the User agree that any supplementation and amendment of these general terms and conditions shall take effect with respect to the User after their explicit notification by the Supplier and if the User does not declare within the 14-day period provided that they reject them.
(3) The User agrees that all statements by the Supplier, regarding the amendment of these general terms and conditions, shall be sent to the e-mail address specified by the User, upon registration. The User agrees that e-mails sent pursuant to 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 and conditions at address www.exallto.com, together with all supplements and amendments thereto.
X. TERMINATION
Art. 23. These general terms and conditions and the contract of the User with the Supplier shall be terminated in the following cases:
- upon termination and declaration of liquidation or bankruptcy of one of the parties to the contract;
- by mutual agreement of the parties in written form;
- unilaterally, with notice by either party in the event of non-performance of the obligations of the other party;
- in the event of objective impossibility for any of the parties to the contract to perform their obligations;
- upon seizure or sealing of equipment by state authorities;
- in the event of deletion of the registration of the User on the website of ONLINE STORE. In this case, concluded but unperformed sales contracts remain in force and are subject to performance;
- in the event of exercising the right of withdrawal in accordance with Art. 55, para. 1 of the Consumer Protection Act.
XI. OTHER CONDITIONS
Art. 24. Any invalidity of any provision of these general terms and conditions shall not lead to the invalidity of the entire contract.
Art. 25. For matters not regulated in this contract related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
Art. 26. All disputes between the parties to this agreement shall be resolved by the competent court or the Commission for Consumer Protection. consumers.
Art. 27. Links to the online dispute resolution platform and alternative dispute resolution:
- https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=BG
Art. 28. These general terms and conditions apply to all Users of www.exallto.com.