General Terms and Conditions for use of www.anadht.com
I. SUBJECT
Art. 1. These general terms and conditions are intended to regulate the relationship between Awesome Thank You EOOD, UIC 206545753, Sofia, Sredets district, Professor Sasha Popov str, 38, ent. B, represented by Anastasiia Dehtiarova, hereinafter referred to as SUPPLIER, and customers, hereinafter referred to as USERS of the online store http://www.anadht.com, hereinafter referred to as "ANA’S SHOP".
ІІ. INFORMATION ABOUT THE SUPPLIER
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. Name of the SUPPLIER: Awesome Thank You EOOD
2. Registered address and seat: Sofia, Sredets district, Professor Sasha Popov str., 38, ent. B, ap. 21;
3. Activity is exercised at this address: Sofia, Sredets district, Professor Sasha Popov str., 38, ent. B;
4. Contact details: Sofia, Sredets district, Professor Sasha Popov str., 38, ent. B, ap. 21, email: ciao @ anadht.com, phone No: +359 87 62 149 34
5. Identification in public registers: UIC 206545753
6. Supervisory authority:
(1) Commission for Personal Data Protection
Address: Sofia 1592, Blvd. "Prof. Tsvetan Lazarov ”№ 2, тел.: +359 2 91-53-519
Email: kzld@government.bg, kzld@cpdp.bg
website: www.cpdp.bg
(2) Commission for consumer protection
Address: pl. "Petko R. Slaveykov" 4А, 1000 Sofia;
Hotline: 0700 111 22
Website: www.kzp.bg
III. SPECIFICS OF "ANA’S SHOP"
Art. 3. "ANA’S SHOP" is an e-shop available on the Internet website http://www.anadht.com through which the USERS can enter into a contract for the sale and delivery of goods offered by "ANA’S SHOP", including the following:
1. To register and create an account to view "ANA’S SHOP" and use additional services to provide additional information;
2. To make electronic statements in relation with the conclusion or execution of contracts with "ANA’S SHOP" through the interface of the "ANA’S SHOP" website, available on the Internet;
3. To conclude contracts for purchase/sale and delivery of goods offered by "ANA’S SHOP";
4. To make any payments in connection with the concluded contracts with “ANA’S SHOP” in accordance with the payment methods supported by “ANA’S SHOP”.
5. To receive information about new products offered by ANA’S SHOP;
6. To review the goods, their characteristics, prices and delivery conditions;
7. To be informed about the rights arising from the law mainly through the interface of ANA’S SHOP website;
Art. 4. The SUPPLIER organizes the delivery of the goods and guarantees the rights of the USERS provided by law, within the framework of good faith, the criteria and conditions adopted in practice, consumer or commercial law.
Art. 5. (1) The USERS enter into a contract for the purchase/sale of goods offered by ANA’S SHOP through the interface of the SUPPLIER, available on its website at http://www.anadht.com or other means of distance communication.
(2) Pursuant to the contract for purchase and sale of goods concluded with the USERS, the SUPPLIER is obliged to deliver and transfer the ownership of the goods to the USER through the interface.
(3) The USERS pay to the SUPPLIER remuneration for the delivered goods in accordance with the conditions set out in "ANA’S SHOP" and these general terms and conditions. The remuneration is in the amount of the price announced by the SUPPLIER at the address of "ANA’S SHOP" on the Internet.
(4) The SUPPLIER organizes the delivery of goods ordered by the USERS within the terms and under the conditions determined by the SUPPLIER on the website of the e-shop and in accordance with these general terms and conditions.
(5) The price for the delivery shall be determined separately and explicitly from the price of the goods.
Art. 6. (1) The USER and the SUPPLIER agree that all statements between them in connection with the conclusion and performance of the contract of purchase/sale may be elaborated electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
(2) It is assumed that the electronic statements made by the USERS of the site are made by the persons specified in the data provided by the USERS when registering, if the respective USER has entered the appropriate name and password for access.
IV. E-STORE USE
Art. 7. (1) In order to use “ANA’S SHOP'' for concluding contracts for purchase and sale of goods, the USER should enter his chosen name and password for remote access in case the e-shop requires registration.
(2) The name and the password for remote access are determined by the USER through electronic registration on the website of the SUPPLIER.
(3) By filling in his data and pressing the buttons "Yes, I accept" and "Registration", the USER declares that he is familiar with these general terms and conditions, agrees with their content and undertakes to comply with them unconditionally.
(4) The SUPPLIER confirms the registration made by the USER by sending a letter to the e-mail address specified by the USER, to which information for activating the registration is sent. The Recipient confirms the registration and conclusion of the contract by electronic reference in the letter notifying him of the registration, sent by the SUPPLIER. After the confirmation, an account is created for the USER and a contractual relationship arises between him and the SUPPLIER.
(5) Upon registration, the USER undertakes to provide accurate and up-to-date data. The USER promptly updates the data specified in his registration in case of change.
(6) In case a profile in online social networks or other networks is used for registration of the USER, a 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 relevant social or other networks.
Art. 8. (1) The e-mail address provided during the initial registration of the USER, as well as any subsequent e-mail address used for the exchange of statements between the USER and the SUPPLIER, is "Primary e-mail address" within the meaning of these general conditions. The USER has the right to change his Primary contact email address.
(2) Upon receipt of an application for change of the Main contact e-mail address, the SUPPLIER shall send a request for confirmation of the change. The confirmation request is sent by the SUPPLIER to the new Primary contact e-mail address specified by the USER.
(3) The change of the Primary contact e-mail address is made after the confirmation by the USER, expressed by a reference contained in the request for confirmation sent by the SUPPLIER to the new Primary contact e-mail address specified by the USER.
(4) The SUPPLIER informs the USER about the change, by e-mail, sent to the main contact e-mail address specified by the USER before making the change under para. 2.
(5) The SUPPLIER is not responsible in front of the USER for illegal change of the Main contact e-mail address.
(6) The SUPPLIER may require from the USER the use of the Main contact e-mail address in specific cases.
V. TECHNICAL STEPS FOR CONCLUDING A PURCHASE AGREEMENT
Art. 9. (1) The USERS use mainly the interface of the SUPPLIER's website to enter into contracts for the sale of goods offered by the SUPPLIER in "ANA’S SHOP".
(2) The contract shall be concluded in English.
(3) The contract between the SUPPLIER and the USER represents the present general terms and conditions, available at the address https://www.anadht.com/terms
(4) The USER that becomes a party to the contract with the SUPPLIER is defined by the data provided during registration and contained in the personal profile of the USER. To avoid any doubt, that represents the data used to create an account with the SUPPLIER.
(5) The SUPPLIER shall include in the interface of his website technical means for discovering and correcting errors during the input of information before concluding the contract.
(6) This contract is considered concluded from the moment of registration of the USER with the SUPPLIER. The contract for purchase and sale of goods is considered final from the moment of its application by the USER through the interface of the SUPPLIER.
(7) For the conclusion of this contract and for the conclusion of the contract for purchase and sale of goods, the SUPPLIER shall explicitly notify the USER in an appropriate manner by electronic means.
(8) The statement for concluding the contract and the confirmation for its receipt shall be considered received as soon as their addressees have access to them.
(9) The SUPPLIER delivers the goods to the address indicated by the USERS and is not responsible in case the data provided by the USERS are incorrect or misleading.
Art. 10. The USERS conclude the contract of sale with the SUPPLIER through the following procedure:
(1) Registration in “ANA’S SHOP” and provision of the necessary data, if the USER has not yet registered in “ANA’S SHOP”;
(2) Logging in in ANA’S SHOP ordering system by identifying themselves with a username and password;
(3) Selecting one or more of the goods offered by ANA’S SHOP and adding them to a list of goods for purchase;
(4) Providing data for the delivery;
(5) Choice of method and moment 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 and Conditions apply to USERS for whom, according to the data specified for the conclusion of the contract of sale or registration in "ANA’S SHOP", it can be concluded that they are users within the meaning of the Law on Consumer Protection, 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 website of "ANA’S SHOP".
(2) The price for the goods including all taxes is determined by the SUPPLIER in the profile of each product on the website of "ANA’S SHOP".
(3) The value of postage and transport costs not included in the price of the goods is determined by the SUPPLIER or the transport company chosen by the USER and is provided as information to the USERS in one of the following moments before the conclusion of the contract:
– In the profile of each of the goods on the website of the SUPPLIER of "ANA’S SHOP" or;
– When choosing the goods and adding them to the basket before concluding the contract of sale;
(4) The method of payment, delivery and execution of the contract is determined in these general terms and conditions, as well as the information provided to the USERS on the website of the SUPPLIER.
(5) The information provided to the USERS under this Article is accurate at the time of its visualization on the website of the SUPPLIER of "ANA’S SHOP" before the conclusion of the contract of sale.
(6) The SUPPLIER must indicate the conditions for delivery of individual goods on the site of "ANA’S SHOP".
(7) The SUPPLIER shall indicate before the conclusion of the contract the total value of the contract for all goods contained therein.
Art. 13. (1) The USER agrees that the SUPPLIER has the right to accept advance payment for the contracts for purchase and sale of goods concluded with the USER and their delivery.
(2) The USER chooses whether to pay the SUPPLIER the price to deliver the goods before or at the time of delivery.
Art. 14. (1) The USER has the right, without paying compensation or penalty and without stating a reason, to withdraw from the contract within 14 days from the date of receiving the goods.
(2) The right of refusal under para. 1 shall not apply in the following cases:
- according to art. 57, para 10 of CPA - periodicals, magazines;
- according to art. 57 para. 13 of the CPA - digital content that is not delivered on physical media;
- according to art. 57, para 9 of CPA - sealed sound recordings or video recordings that are unsealed after delivery;
- according to art. 57, para 3 of CPA goods elaborated according to the requirements of the USER or by his individual order;
- according to art. 57, para 4 for the supply of goods which, by their nature, are in need or cannot be returned or are subject to rapid deterioration, or there is a risk of deterioration in their quality, including for perfumery and cosmetics;
(3) When the SUPPLIER has not fulfilled his obligations for providing information, determined in art. 54 of the Consumer Protection Act, the USER has the right to withdraw from the contract within three months from the date of receipt of the goods. Where the information referred to in this paragraph is provided to the USER within the withdrawal period, it shall run from the date of its provision.
(4) In case the USER exercises his right of refusal under para. 1, the SUPPLIER is obliged to refund in full the amounts paid by the USER not later than 14 days from the date on which the USER has exercised his right to withdraw from the contract. The costs paid for the return of the goods shall be deducted from the amount paid by the USER under the contract, unless the USER has returned the goods at his own expense and has notified the SUPPLIER.
(5) The USER is obliged to preserve the goods received from the SUPPLIER, their quality and safety during the term under para. 1.
Art. 15. (1) The term of delivery of the goods and the starting point from which it runs is determined for each product separately when concluding the contract with the USER through the website of the SUPPLIER "ANA’S SHOP", unless the goods are ordered in one delivery.
(2) In case the USER and the SUPPLIER have not set a delivery time, the delivery time of the goods is 15 working days from the date following the sending of the USER 's order to the SUPPLIER through the SUPPLIER's website "ANA’S SHOP".
(3) If the SUPPLIER cannot fulfill the contract due to the fact that he does not have the ordered goods, he must inform the USER and to refund the amounts paid by him within 14 days from the date on which the SUPPLIER should have fulfilled his obligation under the contract.
(4) In the cases under par. 3, the SUPPLIER has the right to deliver to the USER goods of the same quality and price. The SUPPLIER notifies the USER electronically about the change in the execution of the contract.
(5) In case of exercising the right of withdrawal from the supply contract under para. 4, the costs of returning the goods are at the expense of the SUPPLIER.
Art. 16. (1) The SUPPLIER shall hand over the goods to the USER after certifying the fulfillment of the requirements and the existence of the circumstances under art. 61 of the Consumer Protection Act.
(2) The USER and the SUPPLIER shall certify the circumstances under para. 1 in writing at the time of delivery by handwritten signature, unless agreed otherwise.
(3) The USER and the SUPPLIER agree that the requirements under para. 1 and Art. 61 of the Consumer Protection Act will be complied with if the certification is performed by a person for whom, according to the circumstances, it can be concluded that he will pass the information to the USER - party to the contract.
VII. OTHER TERMS
Art. 17. (1) The SUPPLIER delivers and hands/ships the goods to the USER within the term determined at the conclusion of the contract.
(2) If the term is under par. 1 is not explicitly agreed between the parties at the conclusion of the contract, the SUPPLIER shall deliver and deliver the goods within a reasonable time, but not later than 2 months.
Art. 18. The USER must inspect the goods at the time of delivery and delivery by the SUPPLIER and if it does not meet the standard requirements to notify the SUPPLIER immediately.
VIII. PROTECTION OF PERSONAL DATA
Art. 19. (1) The SUPPLIER shall take measures for protection of the personal data of the USER according to the Personal Data Protection Act.
(2) For security purposes for the personal data of the USERS, the SUPPLIER will send the data only to the e-mail address that was indicated by the USERS at the time of registration.
(3) The SUPPLIER accepts and announces on his website a Privacy Policy, available at https://www.anadht.com/privacy-policy
Art. 20. (1) At any time, the SUPPLIER has the right to require from the USER to identify himself and to certify the authenticity of each of the circumstances and personal data announced during registration.
(2) In case for any reason the USER has forgotten or lost his name and password, the SUPPLIER has the right to apply the announced "Procedure for lost or forgotten names and passwords", available at the login page.
IX. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 21. (1) The present General Terms and Conditions may be amended by the SUPPLIER, for which the latter will notify in an appropriate manner all USERS of "ANA’S SHOP" who are registered.
(2) The SUPPLIER and the USER agree that any additions and amendments to these general conditions will have effect on the USER after his explicit notification by the SUPPLIER and if the USER does not state within 14 days that he rejects them.
(3) The USER agrees that all statements of the SUPPLIER in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the USER during registration. The USER agrees that emails sent in accordance with this article do not need to be signed with an electronic signature in order to have effect on him.
Art. 22. The SUPPLIER publishes these general terms and conditions at https://www.anadht.com/terms, together with all appendixes and amendments thereto.
X. TERMINATION
Art. 23. The present general terms and conditions and the contract of the USER with the SUPPLIER are terminated in the following cases:
• upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
• by mutual agreement of the parties in writing;
• unilaterally, with notice from each of the parties in case of default of the other party;
• in case of objective impossibility of any of the parties to the contract to perform its obligations;
• in case of seizure or sealing of the equipment by state bodies;
• in case of deletion of the USER's registration on ANA’S SHOP website. In this case, the concluded but not executed contracts of sale remain in force and are subject to execution;
• in case of exercising the right of withdrawal according to art. 55, para. 1 of the Consumer Protection Act.
XII. OTHER TERMS
Art. 24. The possible invalidity of any of the provisions of these general terms and conditions will not void the entire contract.
Art. 25. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26. All disputes between the parties to this contract will be resolved by the competent court or the Consumer Protection Commission.
Art. 27. These general terms and conditions enter into force for all USERS of http://www.anadht.com