TERMS & CONDITIONS

Terms and conditions of use

Please, read carefully these General Terms and Conditions of use of the website www.baza.bg (hereinafter “The WEBSITE”)

I. GENERAL PROVISIONS

Art. 1. (1) BAZA.BG OOD, a company registered under the Law on Commerce of the Republic of Bulgaria, with company seat and registered address at: 1 Yanko Sakazov Street, Yambol 8600, Company Identification Code 204720264, markets goods for sale on the WEBSITE.

(2) These terms and conditions regulate the relations between BAZA.BG OOD and each of the persons using the WEBSITE (hereinafter “The USER”). The relations mentioned in the aforesaid are classed in two groups:

- relations emerging in connection with the use of the WEBSITE.

- relations emerging in connection with the purchase of goods by using the WEBSITE.

Art. 2. In order to use the services available on the WEBSITE you should accept these General Terms and Conditions. To accept them you need to select “I accept the General Terms and Conditions of Use” when you are asked whether you accept the General Terms and Condition of Use of the WEBSITE.

Art. 3. USERS may use the services on the WEBSITE only for personal/non-commercial use.

II. GENERAL DESCRIPTION OF THE SERVICES

Art. 4. The WEBSITE offers the USERS an opportunity to place online orders for purchase of goods on the WEBSITE. It provides an ample choice of products of a renowned brand presented in detailed descriptions and photos, as well as an option to purchase swiftly, conveniently and easily the products you like, and your purchases will be delivered to the address you provide.

III. MARKETED GOODS

Art.5 (1) The WEBSITE contains sales ads for the marketed goods. The ads can be filtered and grouped according to the USER's preference.

(2) An ad contains basic information about the product (by type) and its price. They are accompanied by photographs.

(3) The price quoted in each ad is per piece.

IV. REGISTRATIUON

Art. 6. You can shop on the WEBSITE as a Guest or as a Registered User.

Art. 7. (1) When you open an account using your email address will save you the hassle of having to enter your name, telephone number and address every time you shop, and you will also use some additional privileges such as being the first to hear about our special proposals and discounts.

(2) The WEBSITE allows you to register as a legal entity, and during the registration as such you will need to enter full company details required for billing.

(3) USERS are required to provide in their registration application forms full and accurate details of their identity and any other information which the online form might require, as well as to update that within 7 days from any change in their circumstances.

If a USER provides incorrect information in the online registration application form or should he fail to submit within the time limit as aforesaid any change of his circumstances, the WEBSITE shall have the right to suspend with immediate effect and without any notice the support for that USER's registration and block any access to his customer account.

(4) Before submitting the registration form the USER may freely correct any information he has entered in it.

(5) Once you are registered, you may change your details in My Account section. You may change your delivery address either in that section or at the time of placing your order in Your Shopping Cart panel.

V. PURCHASE ORDER

Art. 8 (1) The USER should add to his Shopping Cart any products he intends to buy.

(2) You can add any item to the Shopping Cart by clicking on the name or the photo of your chosen product and then clicking the ADD TO SHOPPING CART button.

(3) To review the products in his Shopping Cart the USER needs to click the button GO TO SHOPPING CART in the little pane that pops up when he hovers with the mouse over the top right corner of the WEBSITE.

Art. 9. (1) You may place a purchase order by completing a special form on the WEBSITE.

(2) Your purchase order will be displayed when you click the PAYMENT button in the SHOPPING CART section. To place it you need to fill in the boxes – the required fields are marked with an asterisk (*). To go to the next section in your purchase order form, please, click the CONTINUE button. You can go back to any previous section of your purchase order by clicking the Edit button on the right side of the section title.

(3) The order form will automatically load the type, the quantity and the correct total value (VAT included) of the goods according to the USER's Shopping Cart contents which he has entered.

(4) The USER agrees to provide true and correct information in the purchase order form.

Art. 10. (1) By clicking the ORDER button in the PAYMENT section you place your purchase order.

(2) The action described in the aforesaid paragraph, when carried out by a USER, shall be deemed his contractual commitment to BAZA.BG OOD under the terms and conditions stated in the purchase order.

Art. 11. Within 1 working day after the receipt of the purchase order a representative of BAZA.BG OOD will send to the USER an electronic message confirming receipt of the order or notifying the USER that the ordered item is out of stock.

VI. REFUSAL TO SHIP

Art. 12. BAZA.BG OOD may refuse to ship any ordered goods for technical or organisational reasons. The USER shall be expressly notified about any such refusal by email to the email address he has provided.

VII. DELIVERY TERMS

Art. 13. Any delivery of goods ordered on the WEBSITE will be carried out under the terms and conditions provided in this section.

Art. 14. The orders will be shipped via Speedy Plc.

Art. 15. Any orders of total value exceeding BGN 70.00 ( seventy ) will be shipped in the territory of Bulgaria free of charge. A maximum of BGN 4.90 will be charged for the delivery of any order under the aforesaid value.

Art.16. The goods ordered by the USER will be delivered as late as 2 (two) working days after the placement of the order, provided the delivery address is valid and it has been indicated correctly.

Art. 17. The ordered goods will be transported in a suitable packaging according to their characteristics and the delivery transport type used.

Art 18. (1) The ordered goods will be delivered to the address indicated by the USER in his purchase order.

(2) The USER hereby commits to provide access and possibility for delivery of the goods to the address referred to in paragraph 1 above.

(3) If the USER is not found within the delivery time period at the indicated address or in case no access and conditions for handing over of the goods are provided within the said period, the order will be deemed cancelled and BAZA.BG OOD will be thereupon relieved of their obligation to deliver the order.

(4) In case that the USER acknowledges his wish to receive the ordered goods after the expiry of the delivery time during which he has not been found at the address, the USER shall bear the expenses for the second shipment. The fee for the second shipment shall be paid on delivery together with the total amount due for the order and the expenses for the first shipment.

VIII. LEGAL GUARANTEE

Art. 19. BAZA.BG OOD would like to remind you that there is a legal guarantee of conformity of the goods with the sales contract.

IX. REFUSAL TO RECEIVE A DELIVERY AND RETURN OF ANY RECEIVED GOODS

Art. 20. (1) Any USER who has placed an order to purchase any goods on the WEBSITE may only return the said goods in any of the following cases:

1. If the goods delivered does not match the the goods ordered by the USER;

2. If the delivered goods have any defects;

3. If the goods have been damaged during their carriage;

4. If the price due by the USER differs from the one indicated on WEBSITE;

5. If the delivery time deadline has not been met.

(2) Except for the cases listed above, USERS may not refuse to receive or pay for any goods they have placed a purchase order for. If a USER makes such a refusal, he shall be liable for a reimbursement of all expenses made for the shipment and for the return of the goods to BAZA.BG OOD

Art. 21. (1) Once he has received and paid for the goods, a USER may request an authorization to return those to BAZA.BG OOD and claim a refund of the price he has paid:

1. If the goods have any defects or non-conformity which could not be seen during a usual inspection;

2. If during their use the goods show any defect that makes them unfit for the purpose;

3. In case of cancellation of the contract under the provisions of Art.25-28 hereof.

(2) A USER may exercise his rights under the foregoing paragraph after presentation of the cash register receipt for the purchase of the product.

Art. 22. If the delivered goods do not match the ordered ones, which could not be determined at the time of delivery, the goods will be exchanged within 3 (three) working days after receipt of the notice of nonconformity sent by the USER to BAZA.BG OOD via the special-purpose system which can be found here.

Art. 23. (1) If a USER wishes to exchange any item bought on the WEBSITE for the same item with a different size or for another item, the original item shall be couriered back at the USER's expense by following the return and exchange procedure described in the system, provided only that the item has been kept as received by the USER and it has not been used, and provided also the USER has kept its packaging and the cash register receipt.

(2) The substitute item will be sent to the USER in accordance with the provisions of these General Terms and Conditions to the delivery address indicated by him and at the expense of BAZA.BG OOD if the order benefits from the promotional free-delivery terms and conditions.

Art. 24.(1) Any USER may withdraw from the purchase contract without stating any particular reason, and this will not make him liable for any indemnity or default payment or reimbursement of any expenses whatsoever other than those provided for in Art.26 paragraph 2 and in Art. 27, and he may do so within 14 days starting on:

1. the date when the USER or any third person other than the carrier and appointed by the USER accepts the goods, or

2. the date when the USER or any third person other than the carrier and appointed by the USER accepts delivery of the last of the goods listed in a multiple-items purchase order where each item is delivered separate from the others.

(2) BAZA.BG OOD shall provide the USER with a standard withdrawal form (Annex 6 to the Consumer Protection Act). The model form is given in Annex 1 to these General Terms and Conditions.

(3) In order to exercise his right to withdraw the USER has to indicate his name, geographical address and, where available, his telephone and fax number and email address, and he must state unequivocally his decision to withdraw from the contract. USERS may exercise their right to withdraw by using the standard withdrawal form given in Annex 1 hereto or by submitting any other unequivocal statement of their decision to withdraw from the contract.

(4) USERS may send their statement of withdrawal to the email address of BAZA.BG OOD: info@baza.bg or post a hard copy of that to: 1 Yanko Sakazov Street, Yambol.

(5) To meet the withdrawal submission deadline it is sufficient for a USER to send his withdrawal notice before the expiry of the withdrawal notice period per Art. 23, paragraph 1, clauses 1 and 2.

Art. 25. (1) If any USER withdraws from a contract between him and BAZA.BG OOD, BAZA.BG OOD will refund to the USER all the payments they have received from him, including for the delivery expenses (other than any additional expenses relating to a USER-chosen delivery method different from the least expensive standard delivery method offered by BAZA.BG OOD), without undue delay and in any event no later than 14 days from the date on which the USER informs BAZA.BG OOD of his decision to withdraw from the contract. BAZA.BG OOD shall make the refund by using the same payment method as the one the USER has used for the initial transaction, unless the USER has expressly agreed otherwise; in any event the USER shall not incur any expenses as a result of such a refund.

(2) BAZA.BG OOD shall not be required to reimburse any additional delivery cost if the USER has expressly opted for a delivery method different from the least expensive standard delivery method offered by BAZA.BG OOD

(3) BAZA.BG OOD may withhold the refund until they have received the goods back or until the USER has supplied evidence of having shipped those back, whichever occurs earlier.
(4) In the event of his withdrawal from the contract the USER shall send the goods back or return those to BAZA.BG OOD or to 1 Yanko Sakazov Street, Yambol, without undue delay and in any event as late as 14 days from the date on which the USER has communicated to BAZA.BG OOD his decision to withdraw from the contract.
The deadline shall be deemed met if the USER has sent the goods back prior to the expiry of the 14-day period.

Art. 26. In the event of his withdrawal from the contract the USER shall bear any direct cost of returning the goods.

Art. 27. In the event of his withdrawal from the contract the USER shall only be liable for any diminished value of the goods which has resulted from trying those in any manner other than what is necessary to establish their nature, characteristics and good functioning.

Art. 28. Underwear and swimsuits may not be returned or exchanged.

X. PAYMENT

Art. 28. USERS may choose any of the following methods to pay the price of the ordered goods:

1. Cash on delivery– the sum due is handed over to the courier at the moment of the delivery .

2. By bank card.

3. By PayPal

XI. INTELLECTUAL PROPERTY RIGHTS NAD USE OF NEWS

Art. 29. (1) The WEBSITE contents, such as database, texts, photographs, graphics, etc., is protected by copyright and neighbouring rights as per the interpretation of the Copyright and Neighbouring Rights Act, as well as by rights protected under the Trademarks and Geographical Indications Act, BAZA.BG OOD and/or their partners and suppliers being the holders of any such rights.

(2) No part of the WEBSITE may be reproduced under any form whatsoever, for any purpose whatsoever and in any media or computer environment whatsoever, unless expressly authorised in writing by the holder of the respective intellectual property right (BAZA.BG OOD and/or their partners and suppliers). Any unauthorized use of the contents of the WEBSITE shall be deemed and construed a violation of the Copyright and Neighbouring Rights Act, the Trademarks and Geographical Indications Act and any other applicable laws in force in the Republic of Bulgaria.

Art. 30. The news published on this WEBSITE are intended only for personal use by the USERS. Any use of those for any other purposes such as publishing, dissemination, any form of commercial use, as well as transmission of those to any third persons in their entirety, in part or in a revised form is illicit unless expressly authorized in writing by BAZA.BG OOD

XII. PROHIBITED ACTIVITIES AND ACTIONS

Art. 31. (1) USERS may not carry out any activities or actions which violate any common rules for communication .

(2) USERS may not carry out any malicious actions such as spreading computer viruses or any other actions infringing rights or interests of BAZA.BG OOD and/or of any third persons.

XIII. PERSONAL DATA PROTECTION

Art. 32. (1) BAZA.BG OOD is a personal data controller registered under the Law for Protection of Personal Data.

(2) The WEBSITE guarantees privacy of any information containing personal data, which is submitted by the USERS in their registration application forms. Disclosure of such information is possible only if that is requested by any government body or official authorised by operation of law to request and collect information which contains personal data, subject also to any statutory rules and procedures.

(3) BAZA.BG OOD may use any collected statistical information about the WEBSITE traffic in order to compile internal stats for their marketing campaigns.

Art. 33. (1) By accepting these General Terms and Conditions each USER gives permission for his personal data to be processed.

(2) USERS may object to their personal data being processed for direct marketing purposes by communicating their objection in writing to BAZA.BG OOD to the postal and email addresses for contact indicated on the WEBSITE.

Art. 34. By accepting these General Terms and Conditions each USER accepts the use of “cookies” by BAZA.BG OOD which help us provide to you what we believe is the best possible service.

XIV. DISCLAIMER

Art. 35. BAZA.BG OOD makes every effort to maintain the information on the WEBSITE true, accurate and up-to-date, without precluding the possibility of incidental inconsistency or omissions occurring for fair reasons.

Art. 36. BAZA.BG OOD shall not be liable for any consequences, including any potential damages, which might result from or relate in any way to the access to, the use of or any impossibility to use the WEBSITE.

Art. 37. BAZA.BG OOD shall not be liable for any information (including for the completeness or credibility thereof) on other websites which the WEBSITE contains links to.

Art. 38. BAZA.BG OOD shall not be liable for any incorrect information provided by a manufacturer about the characteristics of any goods.

XV. CHANGES TO THE GENERAL TERMS AND CONDITIONS

Art. 39. (1) In the event of any change to these General Terms and Conditions the revised terms become binding on any registered USER if BAZA.BG OOD have sent those to the email address he has provided and he has failed to state as late as the deadline he has been given, that he rejected the change to the General Terms and Conditions.

(2) In the event of any change to these General Terms and Conditions the revised terms and conditions shall not apply to any relations which arise from any online purchase from the WEBSITE, for which the USER has placed a purchase order prior to the change.

XVI. DEFINITIONS

Art. 40. Under these Terms and Conditions the “cookies” may contain any information randomly selected by the server, and those will be sued to maintain the status of the HTTP transaction which otherwise would be labelled “no status”. Those are used to prove the identity of any registered user on the WEBSITE as a part of the log-in process or the initial registration on the site, whereat the user is not required to enter his username and password for every subsequent access to the site. Some other use of the cookies are: help maintain a “shopping cart” of selected goods to purchase on a website during one session, for personalisation of the WEBSITE (making different pages available to different users), as well as for tracking the access of individual users to a particular website.

XVII. FINAL PROVISIONS

Art. 41. These General Terms and Conditions have been adopted with a Resolution of the General Meeting of the Shareholders of BAZA.BG OOD on the 14 December 2017.

Art. 42. These General Terms and Conditions take effect on the date they are posted on the WEBSITE.