General Term and Conditions for purchase of goods from online shop www.damaskina.eu
These General Terms and Conditions regulate the relations between the Seller and the Buyer when making transactions between them for the purchase and sale of goods and services through the Seller’s online shop www.damaskina.eu and apply only to transactions concluded outside the territory of the Republic of Bulgaria.
I. General Terms
1. The Seller is DAMASKINA Ltd, with ID 203079072, with headquarters and address of management: Skobelevo village, Pavel Banya, 1 Bor Str.
2. The Buyer is any adult person or legal entity with a permanent address outside the territory of the Republic of Bulgaria, who has entered as a guest at the online shop www.damaskina.eu and who wishes to buy goods from the Seller.
3. The Seller is obliged to send the goods only in accordance with these General Terms and Conditions (GTCs). Some of the clauses in these GTCs are directly binding solely to consumers under the Consumer Protection Act and do not apply to Buyers, whether legal entities or individuals who use the purchased products in their trade or professional activity. Such clauses are explicitly mentioned as being applicable only to Consumer Individuals who use the product for purposes other than business or trade. All other clauses in these GTCs apply to any Buyer, irrespective of its quality.
4. Upon purchase, the Buyer provides the Seller with the necessary details for the sale contract, namely their names, shipping address and zip code, e-mail, telephone number, delivery method and payment method.
II. Conclusion of a purchase and sale contract of goods and delivery of the purchased goods
5. The Seller and Buyer conclude a valid purchase of goods contract on the online shop once the Buyer has followed the online ordering process and has finalized the order. Once the order has been finalized, the Buyer receives a confirmation of the order at the e-mail or telephone indicated by him, and then the Seller sends the goods to the address indicated by the Buyer. The moment of conclusion of the contract between the parties shall be considered the moment of payment by the Buyer of the price of the goods in a way chosen by him and at an address chosen by him outside the territory of the Republic of Bulgaria. The seller reserves the right to refuse the processing of the order and after having sent its confirmation to the Buyer, and any amounts paid by the Buyer will be refunded in full. The Seller may refuse to process the order when there are reasonable grounds for suspecting that the order is non-genuine, including the fact that it may not originate from the Buyer described in the same order or when the products that are ordered are temporarily unavailable due to depletion of quantities or other technical reasons.
6. To purchase goods The Buyer has to select the desired products from the Seller’s catalog. The Buyer must provide the necessary details to make a sale contract, namely their names, shipping address and zip code, e-mail, telephone number, delivery method and payment method.
After completing the previously described steps, The Buyer indicates, that he agrees with these GTCs, thus completing the order.
7. In the case of inaccurate data provided by the Buyer for the shipping address and telephone or the absence of the Buyer at the address, as well as in the case of failure to deliver the goods due to reasons beyond the Seller, the goods shall be returned and remain in the Seller’s warehouses. In this case the goods are not kept for the Buyer, unless paid in advance. In the case of prepaid goods, they are kept within 15 days of their return and after the expiration of this period and if the Buyer does not seek them from the Seller, the Seller returns the received payment. Upon second attempt of delivery at the address, the Buyer pays the additional shipping costs.
8. After the confirmation of your order and receiving of payment, the Seller is obliged to deliver the requested product within 1 to 5 working days, which depends on the workload of the couriers and the availability of goods.
9. All product orders depend on availability and the seller does not guarantee that the products listed in the electronic catalog are available in stock. In this regard, if there are any difficulties with the delivery of products or no more items left in stock, the Seller reserves the right to offer to the Buyer substitute products of the same or higher quality and value that can be ordered. If the Buyer does not wish to order replacement products, his order will be canceled.
III. Prices, delivery methods and payment methods for the goods and services
10. Payment methods: A bank transfer or otherwise agreed between the parties payment method.
11. The price of each product includes VAT. Differences in the prices of the same product are possible, depending on whether the order is executed and performed on the territory of the Republic of Bulgaria or outside the territory of the Republic of Bulgaria. The reason for the price difference is the compliance with various regulations by the Buyer and the Seller, as well as the differences in the cost of transport and the cost of labor for dispatch and handling.
12. Besides the price of the product, the Buyer also agrees to pay the price of the delivery. The transport costs are paid by the Buyer and are dependent on the respective courier’s tariff.
V. Review and the right of withdrawal. Warranty
13. Upon delivery of the requested goods, the Buyer has the opportunity to review them and look for any faults. In the event that the Buyer does not make any comments on the goods, it is assumed that they accept the products without any remarks or defects.
14. The right of withdrawal under Art. 50 of the Consumer Protection Act, is not valid as Art. 57 pt. 5 of the CPA – for the supply of sealed goods which were unsealed after delivery and can not be returned for reasons of hygiene or health protection, is applied. In case the right of withdrawal is valid depending on the purchased product, the Buyer has the right to exercise it within 14 days, returning the product to the Seller’s address, on their own expense, without visible traces of use, without disturbing trade appearance and damaged packaging, and together with all supporting documents (invoice, cash receipt, protocol, etc.).
The right of withdrawal under Art. 50 of the CPA does not apply to Buyers who are natural or legal persons who purchase products from the Seller for the purpose of their use in their commercial or professional activity.
15. The applicable provisions of the Bulgarian Law on Obligations and Contracts or the Bulgarian Consumer Protection Act are applicable to the guarantee of the goods, whichever is applicable.
18. The seller does not claim to be an owner of intellectual property rights, including the owner of the brands whose products he sells, and does not infringe on foreign intellectual property rights.
19. Except where expressly stated otherwise, any party to a Contract that is still in force shall not be liable for any breach, in whole or in part, and / or where the obligations are beyond the terms of the Contract in the event that the failure to fulfill obligations has arisen as a result of force majeure.
20. The seller may change these GTCs at any time and post them on their site, by notifying the change in a prominent place on their site.
21. In the event of a dispute between the Seller and the Buyer, the Buyer has the opportunity to contact the ADR / OARS after failing to resolve the dispute with the Seller. The body for alternative dispute resolution for the territory of the Republic of Bulgaria is:
General Conciliation Commission to the Consumer Protection Commission, with headquarters in Sofia, 4 Slaveykov Sq..
22. These General Terms and Conditions are in accordance with Bulgarian law. For all cases not settled by the present GTCs, the current legislation in the Republic of Bulgaria applies, and the litigation concerns the competent court in the Republic of Bulgaria respectively.