General Terms and Conditions of Einhell Bulgaria OOD
for the use of the Internet shop www.einhell.bg
1. GENERAL
1. This document constitutes the general terms and conditions or terms of use of the virtual platform for the sale of goods www.einhell.bg and its subdomains, which govern the rules of use, including the conclusion of a contract of purchase and sale with this Online Store. By placing an Order from the Site www.einhell.bg, the Customer/User declares that he/she is familiar with these General Terms and Conditions and accepts them as binding in his/her relations with the Seller and undertakes to comply with them.
2. Identification of the User/Customer for the purpose of reproducing his/her statement of acceptance of the General Terms and Conditions as well as of the Order placed, is carried out through the log-files stored on the server of www.einhell.bg, storage of the IP address of the User/Customer as well as any other information.
2. DEFINITIONS
Terms used in these Terms and Conditions have the following meanings:
2.1. Seller - Einhell Bulgaria OOD, with registered office and management address. Varna, Varna Blvd. UIC under BULSTAT 103566033.
2.2 Customer - any natural or legal person or other legal entity that uses the online store www.einhell.bg in any way, including but not limited to browsing it, placing orders from it, buying, returning goods, etc. A Customer may enjoy the rights of a User provided for in these General Terms and Conditions in case he/she meets the definition in clause 2.13 of these General Terms and Conditions.
2.3. Website - a virtual platform for the sale of goods located on the domain www.einhell.bg and its subdomains.
2.4. Account - a section of the Site formed by an email address and password which allows the Customer/User to submit the Order and which contains information about the Customer/User.
2.5 Bank means a credit institution within the meaning of the Credit Institutions Act (CIA) which, pursuant to a banking licence, has the right to open, maintain and close accounts in Bulgarian levs and/or foreign currency, to make and accept payments from and for the account holder, to provide payment services, to issue bank cards and to process payments with such cards in accordance with applicable requirements, including through the use of payment systems allowing payment remotely, electronically or by other legally regulated means,
2.6. Order - an electronic document constituting a form of communication between the Seller and the Customer/User through which the Customer/User requests the Seller through the Site to purchase Goods and Services from the Site.
2.7. Goods and Services - any subject matter of the purchase agreement from the Site.
2.8. Promotions - any commercial communication intended to promote certain Goods and/or Services which are available in limited availability, unless the commercial communication expressly states otherwise, for a period of time specified by the Seller.
2.9. Contract - shall mean the distance contract between the Seller and the Customer/Consumer for the purchase and sale of Goods and/or Services from the Site, of which these Terms and Conditions of Use form an integral part.
2.10. Content:
a/ all information on the Site that is accessible through a connection to the Internet and the use of a device having a connection to the Internet
b/ information concerning the Customers and relating to the Goods and/or Services and/or applicable tariffs from third parties with whom the Seller has entered into any form of partnership agreement
c/ data concerning the Seller or other data relating to the Seller
2.11. Refund - the action on the part of Einhell Bulgaria Ltd. to refund the Customer / User as a result of cancellation or non-performance of a purchase contract from the Site, carried out solely by bank transfer.
2.12. Specifications - all characteristics and/or descriptions of the Goods and Services set out by the Seller on the Site.
2.13. "Consumer" shall have the meaning given in the legal definition under § 13, item 1 of the Consumer Protection Act /hereinafter the CPA/ and shall mean any natural person who acquires Goods or Services through the Online Shop that are not intended for the performance of a commercial or professional activity, and any natural person who, as a party to a Contract with the Seller, acts outside the scope of his commercial or professional activity, as well as the meaning of § 6, item 6 of the Act on the provision of digital content and digital services and the sale of goods, according to which "Consumer
2.14. Internet shop www.einhell.bg is the Seller's electronic shop within the meaning of §1, item 87 of the VAT Act. The terms internet shop, online shop and e-shop are equivalent.
2.15. "Cash on Delivery" - means cash on delivery within the meaning of the Postal Services Act (PSA).
3. USER REGISTRATION
The site can be viewed without registration. Registration is only required to use certain features of the site and is absolutely voluntary and free of charge. In order to register you need to fill in a registration form.
Upon successful completion of registration you will receive a username and password. Only one account can be registered with one email address.
If you do not wish to register an account, you have the option to shop as a guest, in which case the data provided will only be processed for the purpose of fulfilling the specific order and will not be stored for your subsequent orders.
As a Customer/User, you are entitled to only one registration and to use only one user account on the Site. You may not use any other registered user's account or give any third party the ability to use your account. You may not maliciously create additional registration accounts in order to abuse the functionality of the Site or other Customers/Users, or attempt to impersonate another Customer/User.
4. PRICES
All prices quoted in the Online Shop are in Bulgarian lev and include VAT, excluding delivery. Decoration is not included in the price.
"Einhel Bulgaria" Ltd. has the right to make changes in the published products, services, prices and other characteristics of the goods at any time and without notice, and Users shall be deemed to be informed of said changes as of the time of publication of such changes. It is possible that the information on some of the published products may not be updated, but in any case, when placing an order through the Online Store for a product with non-updated information, Users will be notified of the updated information before the goods are delivered to them. Some of the information published in the Online Store may relate to products that are out of stock and/or currently unavailable.
All prices in the Online Shop are for online purchase of goods from the Online Shop.
5. LEGAL GUARANTEE
"Einhell Bulgaria Ltd. is liable for any lack of conformity of the consumer goods with the contract of sale that exists upon delivery of the goods and is manifested within two years after delivery, in accordance with the provisions of Article 31 of the Law on the Provision of Digital Content and Digital Services and on the Sale of Goods - "LDCSG" ("Statutory Guarantee"). The trader is liable under the Statutory Guarantee towards persons having the capacity of a consumer within the meaning of §6, item 6 of the Additional Provisions of the Consumer Protection Act or within the meaning of §13, paragraph 1, item 1 of the Additional Provisions of the Consumer Protection Act (see Section 2 Definitions, item 2.13 of these General Terms and Conditions).
A commercial guarantee is any obligation assumed by the trader (seller) or the manufacturer (guarantor) towards the consumer, in addition to its obligation under the law to ensure the conformity of the goods with the contract of sale, in order to refund the amount paid or to replace or repair the goods or to provide any other type of service related to the goods, when they do not meet the specifications or possibly other requirements unrelated to the conformity of the goods with the contract of sale, as stated in the application for the provision of a commercial guarantee or The commercial guarantee is an independent obligation assumed by the manufacturer and/or the trader and does not affect the rights that Users have under the provisions of the Digital Content and Services and Sale of Goods Act.
With each delivery of goods subject to warranty service, Einhel Bulgaria Ltd. shall issue and provide the User with a proper warranty card with the details of the goods and warranty periods, as well as all the terms of the commercial warranty provided, if any.
The User may not invoke and loses his rights under the Commercial Warranty provided:
(a) in case of a lost warranty card;
b) in the event of an attempted repair and rectification of non-conformity by a person or service centre not authorised by Einhel Bulgaria Ltd;
c) in case of damage caused by improper operation;
d) in case of damage to the physical integrity of the product;
e) in case of chemical, electrical and/or other impact not related to the normal operation of the product;
The commercial warranty provided for the product does not cover product components with a limited shelf life (batteries, consumables, etc.). Warranty service shall be carried out only at the service centres indicated on the warranty card, provided that the product is fully documented and complete.
6. ORDER
6.1. A Customer/Consumer may place an Order with the Online Shop by providing a valid e-mail address; a correct delivery address for the Goods; correct contact details - two names and a telephone number.
6.2 The Customer/User undertakes and shall be responsible for ensuring that all details provided by the Customer/User through a completed and submitted Order to the Seller are true, complete and accurate as at the date of submission of the Order.
6.3. Each Good and/or Service added to the shopping basket is available for purchase subject to availability. The addition of a Good and/or Service to the shopping basket does not result in the Order being registered and the Good/Service being automatically reserved. The Order is sent to the Seller by clicking on the "Place Order" button and after the Site has loaded the complete information for the specific Order (items ordered, date and delivery address). This action is legally binding for the Customer/Consumer and the Seller. The Customer/Consumer receives an e-mail message from [email protected] confirming the Order and upon receipt of this confirmation, the distance sales contract is deemed to have been concluded. The place of conclusion of the Contract shall be the Seller's registered office address and the date of conclusion of the Contract shall be the date on which the Seller sends the confirmation. The place of delivery of the Goods shall be the place in the territory of the Republic of Bulgaria specified by the Customer/Consumer. Contracts with a place of delivery outside the territory of the Republic of Bulgaria shall not be concluded or performed.
6.4 Einhell Bulgaria Ltd. shall not be liable if the Customer/Consumer does not receive a confirmation email due to an incorrect email address provided by the Customer/Consumer or due to a reason attributable to the electronic system where the Customer/Consumer's mail is registered. The confirmation email shall state the goods ordered and, the order number that has been placed.
6.5 By submitting the Order, the Customer/Consumer authorises the Seller to contact them by any means possible on the contact details provided by the Customer/Consumer where this is required in connection with the Order placed or Contract entered into.
6.6. The Seller has the right to refuse to execute and/or to cancel an Order already placed by the Customer/Consumer, for which the Seller shall notify the Customer if the value of the Goods requested for purchase is not credited to the Seller's account in the case of online payments with bank cards, and provided that the data provided by the Customer/Consumer on the Site is incomplete and/or incorrect. In such cases, the cancellation or refusal of the Order shall not give rise to any liability or subsequent obligation of either party to the other and accordingly neither party shall be entitled to claim any compensation from the other for the cancellation of the Order.
6.7. The Seller "Einhel Bulgaria" Ltd. has the right to change the prices indicated in the Online Store at any time and without being obliged to notify the Users in advance. The User is obliged to pay the price that was indicated in the Online Store at the time of placing the Order, regardless of whether it is lower or higher than the updated price. In the event of technical errors in the information published in the Online Store, resulting in the order not being fulfilled, the Seller shall have the right to refuse the execution of the order and shall not owe any compensation to the User other than the refund of the amounts paid and/or deposited by the User for the cancelled order, if any.
6.8. The Seller reserves the right to unilaterally terminate the contract with the Customer/User by calling the telephone number provided by the User in the event that all or part of the ordered goods are out of stock or cannot be delivered for reasons beyond the control of the Seller. In the event of non-availability of the ordered goods, the Seller shall notify the User/Customer of the out-of-stock condition within 1 business day after receipt of the order by a telephone call to the telephone number provided by the User/Customer. In the event that a transfer is made to the Seller's account, the User/Customer may choose to be refunded the amount paid or to choose another available Goods by phone call or by a message /email/ to [email protected], and the price paid by the User shall be deducted from the price of the new Goods chosen.
7. PAYMENT
The price of goods ordered from the Online Store can be paid by one of the following methods:
Cash on delivery
Payment by bank card /via virtual POS terminal/
Please note that in certain cases one of the listed methods may not be applicable. All payments are made in Bulgarian lev only.
By accepting these General Terms and Conditions, the Buyer gives his/her express and unconditional consent to pay Einhel Bulgaria Ltd. in advance, in full, the sales price of each item ordered when paying by bank card.
When using "Cash on Delivery", the Buyer hands over to the courier the full amount due as stated in the invoice/receipt and authorises the courier to hand over the same to Einhel Bulgaria Ltd. on his behalf and at his expense. The Buyer undertakes to pay the courier the cost of the courier service where such is due from him.
In case of payment by bank card, the User shall pay an amount equal to the value of the ordered goods according to the confirmed order through a virtual POS terminal and only after the payment transaction is confirmed, Einhel Bulgaria Ltd. shall execute the delivery of the ordered goods and/or services.
In the case of payment by bank card, Einhel Bulgaria OOD shall not be liable for any costs related to fees, commissions or other additional payments made by the Buyer on the occasion of the transaction itself, as well as in the case of currency exchange applied by the Bank issuing the card to the customer, in cases where the currency is other than BGN. The costs associated with such payments shall be borne solely by the Customer/Buyer.
IMPORTANT!
Pursuant to Article 113, paragraph 4 of the VAT Act, the invoice shall be issued within 5 (five) calendar days from the date of delivery /in case of payment by cash on delivery/ or from the date of payment /in case of an order paid by bank card through the Site/.
8. SHIPPING
Deliveries are made by a selected courier company /called courier or courier/ only on the territory of the Republic of Bulgaria.
Delivery is made only on successfully accepted and confirmed Orders. The goods are handed over to the courier for transportation to the respective address and the completed courier delivery note is proof of delivery of the goods.
8.1. The time limit for delivery of the goods ordered to the address specified by the user is from 24 hours to 2 working days after receipt of order confirmation,. In all cases, there may be a delay in the delivery time specified, for which the Customer/User shall be promptly notified by Einhell Bulgaria OOD
8.2. The delivery of the ordered goods shall be carried out in the manner chosen by the User and according to the specified terms. Einhell Bulgaria OOD reserves the right to extend the specified terms by up to 7 (seven) days without informing the Users in advance, and to extend the terms by more than 7 (seven) days with the prior consent of the User who requested the delivery.
8.3. The cost of delivery of ordered goods with a total value of up to 100 BGN shall be paid by the Customer / User and depends on the price of the courier service of the courier company chosen by the Customer / User. The choice is made in the "Note" field when sending the order from the Online Store.
8.4. When purchasing goods and/or services from the Online Store for a value exceeding 100 BGN, the delivery is free of charge for the Customer / User, regardless of the type and size of the goods, the delivery address and the number of products in the order. The delivery is made by courier company Speedy or InTime, at the decision of Einhel Bulgaria Ltd.
8.5 Einhel Bulgaria OOD shall have no obligation for assembly and installation of the delivered goods.
8.6 Einhel Bulgaria OOD shall not be liable for any delay in delivery due to circumstances beyond its control, such as delay on the part of the courier making the delivery.
8.7. Upon delivery, the goods shall be carefully examined by the Customer/Consumer and/or a person authorised by the Customer/Consumer. All purchases made through the Online Shop shall be sent with the option "Check before receipt/payment" if explicitly requested by the Customer/Consumer during the telephone conversation with Einhell Bulgaria OOD to confirm the order, except in the case of the selected delivery method to a vending machine of Econt or to an automatic post office of Speedy.
8.8. In case of external visible defects - possible damages, bumps and other damages detected during delivery, the Customer/User should sign a damage report in the presence of the courier, describing the detected defects and immediately notify Einhell Bulgaria OOD at tel. 052/739038.
8.9. In case of incorrect or incorrect address, contact person and/or telephone number when placing the order, Einhell Bulgaria OOD shall not be liable for inaccurate performance or non-fulfilment of the order as a result of the incorrect and/or inaccurate information provided by the Customer/Consumer.
8.10. In the event that the Customer/User is not found within the delivery period at the address indicated by him/her and/or access to the delivery address is not provided, Einhell Bulgaria OOD shall be released from its obligation to deliver the ordered goods and the Customer/User shall lose the opportunity to have the ordered goods delivered to him/her.
8.11. When the delivered goods clearly do not correspond to the goods ordered for purchase by the User and this can be established by simple inspection, the User has the right to request that the delivered goods be replaced with goods corresponding to the concluded contract for the purchase of goods, by notifying Einhell Bulgaria OOD of such a request on 052/739038.
8.12. Where the costs of delivery of the goods are borne by Einhell Bulgaria OOD, it reserves the right to choose / change the subcontractor carrying out the delivery, without being obliged to inform the User in advance, as long as this does not affect the method and timing of delivery.
8.13. Einhell Bulgaria OOD carries out deliveries only on the territory of the Republic of Bulgaria.
8.14. Orders which are sent for collection to a 'Speedy' office on the Customer's/Consumer's instructions will be stored at the courier's office for up to 10 working days from the date of dispatch. If the shipment is not claimed within the specified period, Einhel Bulgaria Ltd. shall consider the contract terminated by the Customer/Consumer.
8.15. In the event that the Customer/Consumer redirects the delivery of the ordered Goods to an address other than the one specified in the Order, the additional transport costs in connection with the redirection shall be borne by the Customer/Consumer. If delivery is diverted to another address for reasons for which the Seller is responsible, the additional costs in connection with the diversion shall be borne by the Seller.
8.16. The Customer/Consumer may designate another courier through which delivery of the ordered goods shall be made. In this case, the terms and conditions set by the courier chosen by the Customer / User shall apply to the price of delivery, which shall be at the expense of the Customer / User and on the basis of Article 103c, paragraph 2 of the CPA the risk of loss of the ordered Goods shall pass to the User upon delivery of the goods by the Seller to the courier chosen by the User. In case of loss or damage of the goods in this hypothesis the User may claim compensation or penalty from the chosen courier.
9. WITHDRAWAL FROM PURCHASED GOODS
9.1. The Customer shall have the right to withdraw from the distance contract without giving any reason and without compensation or penalty, within 14 days from the date on which the Customer/Consumer or a third party other than the carrier and nominated by the Customer/Consumer has taken possession of the goods or the date on which the Customer/Consumer or a third party other than the carrier and nominated by the Customer/Consumer has taken possession of the last goods, in the case of a contract under which several goods are ordered in one order.
9.2. In order to exercise the right of withdrawal, the User must notify Einhel Bulgaria Ltd. by email to [email protected], providing information about his name, geographical address, order number and telephone number, e-mail address and about his decision to withdraw from the contract with an unequivocal statement. The user may use the attached standard cancellation form, but this is not mandatory:
_______________________________________________________________________
Standard form for exercising the right of withdrawal (complete and return this form only if you wish to withdraw from the contract)
To
Einhell Bulgaria OOD
Varna, Varna Blvd. Tsar Osvoboditel, 331
email: [email protected]:
I hereby give notice that I withdraw from the contract concluded by me for the purchase of the following goods:
.........................................................................................................................................................
.........................................................................................................................................................
– Order number ……………………………………………………………………………………..
– Ordered on*/Received on* ......................................................................................................
– User name ...............................................................................................................
– Address of the user ............................................................................................................
– Details of the bank account to which the value of the returned goods will be refunded /creditor, IBAN, name of the bank, BIC code/: ..............................................
.........................................................................................................................................................
– Date ...........................................................................................................................................
_______________________________________________________________________
9.3. In order to comply with the withdrawal period, it is sufficient for the User to send his/her communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.4. In the event that the User withdraws from the contract, Einhell Bulgaria Ltd. shall refund all payments it has received without undue delay and in any case not later than 14 days from the date on which it was notified of the User's decision to withdraw from the contract. However, Einhel Bulgaria Ltd may withhold payment of the amounts to the User under par. 1 until the goods have been received or until the Consumer has provided proof that he has sent the goods back, whichever is the earlier.
9.5 The Goods shall be returned in their original packaging in their entirety, complete with accompanying documentation and undamaged, as received. "Einhel Bulgaria Ltd. reserves the right, in the event that the returned goods have damaged packaging, signs of use, scratches, shocks, damaged by electric shock, missing accessories and/or warranty card, to decide whether to accept the returned goods.
9.6. By accepting these Terms and Conditions, the User expressly agrees that the refund of the amount paid by the User shall be made to the bank account provided by the User.
9.7. The User shall send the goods back to Einhel Bulgaria Ltd. without undue delay and in any case not later than 14 days after the day on which he informed Einhel Bulgaria Ltd. of his withdrawal from the contract, to the address. Varna, Varna Blvd. 331, EINHELL Commercial Building.
9.8. The direct costs of returning the goods shall be borne by the User.
9.9. The Seller shall not reimburse any additional costs to the Consumer pursuant to Art. 54, par. 3 OF THE CONSUMER PROTECTION ACT.
9.10. The Consumer shall be liable for any diminution in the value of the goods as a result of testing them other than as necessary to establish their nature, characteristics and proper functioning. Any testing of the goods which is different from that which is customary and reasonable in the practice of the trade shall be deemed to be testing in a manner other than necessary.
10. REFUND OF THE AMOUNT PAID BY THE BUYER
The refund of goods returned to the central warehouse at the address referred to in clause 9.7 shall be made by bank transfer within 14 working days from the date of receipt of the goods at the central warehouse. The details of the bank account to which the buyer wishes to receive the refund shall be provided in the form for exercising the right of withdrawal sent to [email protected]. Einhell Bulgaria OOD is not liable for an incorrect bank account. All bank charges for the refund are at the expense of the Customer/Consumer. In the event of a refund of purchased goods for which the Customer/Consumer has requested an invoice, the amount shall be refunded to the specified bank account of the person to whom the invoice was issued.
In the event that Goods and/or Services ordered and pre-paid for by the Customer/Consumer cannot be delivered/delivered by the Seller, the Seller shall inform the Customer/Consumer thereof and shall refund to the Customer/Consumer's account the Goods and/or Services already paid for, within 7 (seven) days from the date on which the Seller has ascertained this fact or from the date on which the Customer/Consumer has clearly expressed his/her wish to terminate the Contract.
11. ADVERTISING
The Seller undertakes, within the legal guarantee of conformity of goods, to provide the User with goods that meet the specification given in the Online Store and the Order placed by the User. The User may make a claim where the Goods purchased do not conform to what has been agreed between the parties under the Contract. The non-conformity in the agreed between the parties may be expressed in:
manufacturing defects of the Goods;
non-delivery of the entire quantity ordered;
delivery of goods other than those ordered;
damaged goods during transportation.
The complaint may be submitted to Einhell Bulgaria OOD at the contact details specified in section 17 of these General Terms and Conditions, and the User must return the goods to the address specified in section 9.7. within 14 days of receipt of the Goods.
In the event of a complaint, the User may choose to receive the same or a similar item offered by Einhell Bulgaria OOD without defects, or a refund of the amount paid after returning the goods for which a complaint has been filed. When replacing with a similar item, the User shall pay extra if the other item is more expensive or the User shall be refunded the difference between the replaced and the new item if the price of the new item is lower than the price paid by the User.
In all cases of replacement of Goods, the transport costs shall be borne by the Customer/Consumer in both directions, unless the replacement has been necessitated by the fault of the Seller due to non-compliance of the Goods with the specifications described in the Online Shop and/or the User's Order. In the event that the Customer/User wishes to exchange or return a product, this may be done by a courier company of their choice subject to the terms of clause 9.8 of these Terms and Conditions.
12. PROVISION, PROCESSING AND PROTECTION OF PERSONAL DATA
Einhell Bulgaria OOD is a Personal Data Controller established on the territory of the Republic of Bulgaria and processes personal data lawfully and in good faith in relation to the purposes of its business - wholesale and retail trade and does not process them further in a manner incompatible with these purposes.
Einhell Bulgaria OOD processes personal data for the specified purposes or for other specified purposes, provided that the individual to whom the data relates has given his/her explicit consent, and in the absence of explicit consent from the individual to whom the data relates, Einhell Bulgaria OOD is not entitled to process his/her data.
Einhell Bulgaria OOD, as a Personal Data Controller within the meaning of the applicable legislation, collects personal data of individuals who visit the website of the Online Store www.einhell.bg and in this regard undertakes to ensure the confidentiality and protection of personal data provided by customers/users through it. "Einhell Bulgaria Ltd, in processing the personal data provided to it, ensures an appropriate level of security and protection against unauthorised or unlawful processing and against loss, destruction or damage, by implementing appropriate technical and organisational measures for this.
The Privacy Policy of Einhell Bulgaria OOD generally governs the manner in which personal data is collected, how it is used, the conditions under which it may be disclosed to others and the manner in which it is stored.
Each Customer/User who uses the Site and the services provided through it is deemed to be aware of this policy and is obliged to comply with it.
12.1. What type of personal data is collected:
"Einhell Bulgaria Ltd collects only those personal data of Customers / Users that are appropriate, necessary, related to the purposes being processed ("data minimization"), which do not include a special category of personal data ("sensitive data"). The personal information collected includes name, address, e-mail address, telephone number, and IP address.
12.2. Basis for processing personal data
Einhell Bulgaria OOD processes personal data on a lawful basis because it is provided by customers in connection with the goods and services offered through this website, within the framework of a resulting purchase contract or when necessary to fulfill the conditions governing the use of the platform / website of the Online Store www.einhell.bg. The main reason for the need to process personal data is to act on the performance of the purchase contract when customers make a purchase; when they register on the Online Shop www.einhell.bg website and/or when they use any of our services or features, although there are other reasons that allow the controller to process them, such as its interest in responding to customers' enquiries or, based on the consent they give, the possibility of receiving advertising messages.
12.3. The purposes for which the personal data are processed:
"Einhel Bulgaria Ltd processes the personal data of its Customers/Consumers:
- for the administration of the registration of the users of the Online Shop;
- for the subsequent development, execution and realization of the purchase contract, which is concluded between the administrator and the customers through the Online Store website;
- to provide information directly related to the goods that customers request;
- to receive advertising messages about our offers/offers/articles addressed to customers;
- where re-marketing is used via trusted sites including Facebook;
- when Einhell Bulgaria OOD seeks the views of its customers on the goods offered;
- when statistical analyses and other analyses of the services offered through the Online Shop are performed;
- for notification of changes to our Terms and Conditions, Privacy Policy or services.
12.4. How personal data is collected:
Customers/Users provide their personal data voluntarily when using our website www.einhell.bg. For example, when an enquiry is made about a particular item or service, or in the process of ordering the goods offered by Einhel Bulgaria Ltd via the Online Shop www.einhell.bg and, more specifically, when the Customer/User fills in their personal data as a condition of accessing certain features or service on the platform. The specified fields that are indicated as mandatory to fill in are the information that the administrator needs for the conclusion of the purchase contract, for the execution of the delivery of the goods and the realization of the rights of the parties to the contract.
By providing the personal data referred to in the preceding paragraph, the user agrees to receive by e-mail order confirmation and information about sending an order by courier. The user's personal data will only be used for the purpose of the administration of the specific order.
If consent is given to receive advertising messages, the user agrees to receive current promotions and commercial offers by e-mail.
12.5 Storage period of personal data
Einhell Bulgaria OOD as an administrator shall take all necessary actions for the protection and storage of personal data for the time in which the personal data is stored, only as long as and for as long as it is necessary for the respective activity for which it was provided, subject to the requirements and time limits for this provided for in the applicable and valid regulations in the Republic of Bulgaria and the EU, but no longer than the legally specified periods. After the expiry of the storage period, the personal data of the customer/user shall be destroyed.
Data that has been provided for marketing purposes is retained until users notify that they no longer wish to receive relevant information from us. Once the purposes of the data processing have been achieved, the data controller shall destroy them.
12.6. Access to personal data provided by users
Einhell Bulgaria OOD as the personal data controller, undertakes not to sell, provide or share the personal data provided for marketing purposes with third parties. Only authorized persons will have access to this data.
Einhell Bulgaria OOD shall transmit information about the personal data of its customers to third parties - service providers, subcontractors and other related organizations only for the purpose of carrying out actions for the provision of services to customers/users, for which they have given their explicit consent.
The user's personal data shall not be made available to third parties until the date of destruction without the prior consent of the user, unless required by law or under a lawful order of a public authority. Nevertheless, when third party service providers are used, only the personal information that is necessary to provide the service for which it was provided by the customers/users shall be disclosed. The third party recipients with whom Einhell Bulgaria OOD works are primarily service providers through whom the goods purchased by customers are provided. They will use the personal data provided to them in order to provide information and fulfil their obligations arising in this respect under contracts with them.
The provision of personal data to public institutions may only take place in the cases provided for by law and to an extent that does not exceed the purposes for which they were requested.
The employees of www.einhell.bg guarantee and are obliged to respect the confidentiality of users' personal data.
12.7. Right to access, rectification or erasure of personal data.
Customers/Users have the right at any time to request:
1. Access to their personal data collected in the process of providing and using the Services, including: confirmation of whether we are processing the personal data provided to us, what categories of personal data it is, the purposes of that processing and the recipients to whom the data is disclosed.
2. Correction of personal data that customers/users have provided where it is inaccurate.
3. Erasure of personal data where it is no longer necessary for the purposes for which it was collected or otherwise processed and there is no legal basis for the processing other than the consent on which the processing of the personal data is based, and where it has been processed unlawfully. Withdrawal of consent shall not affect the lawfulness of the processing based on the consent given before its withdrawal.
The performance of the aforementioned actions of granting access, rectification and erasure of personal data is only possible when the user requests it by means of a written application addressed to the Controller, which should contain:
1. Name, address and other identifying data of the individual concerned;
2. A description of the request;
3. Preferred form for providing the information;
4. Signature, date of request, mailing address and contact telephone number;
5. A notarized power of attorney when submitted by an authorized person.
The application shall be sent to the address where the Administrator's registered office is located by registered mail or courier.
The Administrator will notify the decision to carry out the requested action or refusal to do so within one month of receipt of the application. The notification will be sent by post with acknowledgement of receipt or may be received in person against signature.
12.8. Right to object.
In the cases provided by law, each Customer/User has the right to:
1. lodge an objection with the Controller against the processing of personal data relating to him/her in the presence of a legal basis for this. Where the objection is justified, the personal data of the person concerned may no longer be processed from that moment;
2. to object to the processing of personal data for direct marketing purposes;
3. be notified before his personal data are first disclosed to third parties or used on his behalf for the purposes referred to in the preceding paragraph of this Article, and be given the opportunity to object to such disclosure or use.
т. 4. Any user may make a complaint about the way in which his or her personal data is processed by contacting Einhell Bulgaria OOD at tel. 052/739038.
т. 5. In all cases in which the client/user believes that his/her data is being processed unlawfully or the response does not satisfy the request made, he/she may apply to the competent authority for the protection of personal data - the Commission for the Protection of Personal Data, which is the supervisory authority exercising legal control over the personal data processing.
6.13. Any questions relating to this policy may be sent to [email protected].
13. COOKIES
Cookies are small files of information that are stored on your internet browser or hard drive when you visit a website. Cookies allow us to improve the site so that it contains the most useful information for you. You can set your internet browser so that it does not save cookies or delete any cookies already saved. If you wish to take advantage of these features you should use your internet browser settings.
We are not responsible if your internet browser does not support the functions to control the use, refuse to save or delete saved cookies. In the event that you disable the saving of cookies or delete cookies already saved, the functioning of the website may be impaired.
14. OTHERS
14.1. When describing the Goods in the E-shop, common words and expressions are used and information is provided mainly on the type of the Goods, their purpose and characteristics.
14.2 All Goods, including those on promotion and/or discount, are sold and delivered while stocks last, even if this is not expressly stated on the Site.
14.3. The General Terms and Conditions of Einhel Bulgaria Ltd. concerning the e-shop www.einhell.bg are binding for all Users/Customers of the Site.
14.4. Any use of this Site means that the Customer/Consumer has carefully read the terms and conditions of use and agrees to comply with them unconditionally.
14.5. The Terms and Conditions may be changed unilaterally by Einhel Bulgaria Ltd at any time by posting them on the Site. Such changes shall take effect immediately and shall be binding on all Users and/or Customers.
14.6 Einhell Bulgaria OOD has the right to make changes to the Terms of Use at any time at its sole discretion or if they are imposed by an enacted law. They may have retroactive effect with respect to orders already confirmed and/or delivered if a law so provides.
14.7. If any of the provisions of these Terms and Conditions of Use are found to be invalid or unenforceable, regardless of the reason for this, this shall not render the remaining provisions invalid or unenforceable.
14.8. By registering an Order on the Site, the Customer/User agrees by telephone or email to receive the relevant Goods or Services from the Seller against payment.
14.9. The Purchase Contract entered into between the Customer/User and the Seller consists of these Terms and Conditions and the information requested and provided by the Buyer on the Site.
14.10. Communication with the Seller may be made by contacting the Seller directly at the contacts in Section 17 of these General Terms and Conditions or at the addresses listed on the Site in the "Contact Us" section.
14.11. All copyrights and intellectual property rights to the Site, images, design, names, trademarks and other belong to Einhel Bulgaria Ltd. By accessing and/or using the Site, the User/Customer and any visitor to the Site does not obtain any consent or permission to use the copyrights and intellectual property rights of Einhel Bulgaria Ltd.
14.12. By using the Site, the User/Customer and any visitor to the Site does not obtain the right to copy, borrow or otherwise use images, trade names or marks, even if the use is for personal purposes.
15. FORCE MAJEURE /FORCE MAJEURE/
15.1. The parties shall be released from the performance of their contractual obligations in the event of force majeure under Article 306, paragraph 2 of the Commercial Code.
15.2. Provided that the Force Majeure lasts for more than 14 (fourteen) working days, each Party shall be entitled to notify the other Party that it terminates the Contract without owing the other Party any compensation for damages.
15.3. The performance of an obligation of the Seller to deliver Goods, to receive returned Goods or to return sums to the Buyer's bank account shall be deemed to be affected by Force Majeure where the carrier of the Goods /including delivery by courier/ or the operator of the payment system for making payment is subject to Force Majeure. The same rule shall apply to the buyer where the performance of the person delivering or accepting the goods for return, or the operator of the payment system through which payment of the price is made, is affected by force majeure.
16. ADDITIONAL CONDITIONS
16.1. Bulgarian law shall apply to the contract between Einhel Bulgaria Ltd. and the client.
16.2 The language of the contract shall be Bulgarian.
16.3. All disputes between the parties shall be resolved in a spirit of understanding and good will. Pursuant to Directive 2013/11/EU, the Consumer has the possibility to resolve consumer disputes with the "Alternative Dispute Resolution" procedure in the territory of the European Union. In the event of a dispute regarding an online purchase, you may submit a request to the following Web address for out-of-court dispute resolution.
16.4. In the event that no agreement is reached, all unresolved disputes, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or its adaptation to newly arising circumstances, will be resolved by the competent court of registration of the MERCHANT, in accordance with Bulgarian law.
17. CONTACT
The User/Customer may contact the Seller at the following correspondence address:
Email: [email protected]
Tel: +359 52 739038, 739039
Address. Varna, Varna Blvd. Varna, ul.
Website: https://www.einhell.bg