GENERAL TERMS AND CONDITIONS OF PLMTSHIRTS E-SHOP
Art. 1. These General Terms and Conditions are aimed at regulating the relations between IT RODI LTD., represented by Carlo Di Principe, Manager, hereinafter referred to as “PROVIDER”, and the Customers, hereinafter referred to as “USERS”, of the online shop „Plmtshirts.com”.
ІІ. INFORMATION ABOUT THE PROVIDER
Art. 2. Information according to the Law on Online Commerce and the Law on Consumer Protection:
1. Name of the Provider: IT RODI LTD.
2. Headquarter and management address of the Provider: Sofia, 15A Ivan Denkoglu Street, Floor 2
3. Business address and address for complaints by the Users: Sofia, 15A Ivan Denkoglu Street, Sofia, Bulgaria
4. Correspondence e-mail address: firstname.lastname@example.org
5. Entered in the public register under UIC BG202594176
6. Supervisory authorities:
(1) Commission for Personal Data Protection:
Address: Sofia, 15 Ivan EvstatievGeshov Street,
Tel: (02) 940 20 46 (02) 940 20 46
Fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
(2) Commission for Consumer Protection
Address: Sofia 1000, 4A Slaveykov Square, Fl.3, 4 and 6,
Tel: 02 / 980 25 24 02 / 980 25 24
Fax: 02 / 988 42 18
Hotline: 0700 111 22 0700 111 22
(3) Commission for Protection of Competition
Bulgaria, Sofia 1000, 18 Vitosha Blvd.
Tel: (02) 935 61 13 (02) 935 61 13
Fax: (02) 980 73 15
III. FEATURES OF PLMTSHIRTS E-shop
Art.3 plmtshirts.com is an online shop accessible at the Internet address: plmtshirts.com, where the Users have the opportunity to enter into contracts of purchase and sale and for delivery of products offered by It Rodi ltd., including to:
1. Make registration and create a profile for reviewing It Rodi ltd. and use of additional services for provision of information;
2. Review the products, their characteristics, prices and terms of delivery;
3. Enter into contracts of purchase and sale of products offered by It Rodi ltd.;
4. Make any payments in relation to the contracts concluded with It Rodi ltd., according to the online means of payment maintained by It Rodi ltd.
5. Receive information about new products offered by It Rodi ltd.;
6. Make online statements in relation to the conclusion or performance of contracts with It Rodi ltd. through the interface of the Internet website of It Rodi ltd.;
7. Be informed of the rights, arising from the law, mainly through the interface of the Internet website of It Rodi ltd.
Art. 4. The Provider delivers the products and guarantees the rights of the Users, provided by the law, as per the good faith, accepted practice, consumer and commercial law, criteria and terms and conditions.
Art. 5. (1) Users sign a contract of purchase and sale of products offered by It Rodi ltd. through the interface of the Provider, accessible at the Internet website of plmtshirts.com. The contract is concluded in Bulgarian and is stored in the database of the Provider.
(2) By virtue of the contract signed with the Users of purchase and sale of goods, the Provider shall deliver and transfer the ownership to the User of the goods selected by the latter through the interface of the Provider. Users have the right to correct mistakes in the information entered by them before they make their statement to conclude the contract with the Provider.
(3) Users shall pay to the Provider the price of the goods delivered under the conditions specified in It Rodi Ltd and these General Terms and Conditions. The price is stated by the Provider at the Internet website of PLMTSHIRTS Internet.
(4) The Provider shall deliver the goods ordered by Users under the terms and conditions specified by the Provider at the website of It Rodi ltd and under these General Terms and Conditions.
Art. 6. (1) The User and the Provider agree that all statements between them made in relation to the performance of the contract of purchase and sale can be made online and through online statements within the meaning of the Online Document and Online Signature and Art .11 of the Law on E-Commerce.
(2) It is assumed that the online statements made by Users at the website are made by the persons referred to in the data supplied by the User in the registration form, if the User has entered the appropriate name and password.
IV. REGISTRATION FOR USE OF THE PLMTSHIRTS E-SHOP
Art. 7. (1) In order to use the It Rodi shop for concluding contracts of purchase and sale of goods, the Users should enter the name and password chosen by them for remote access.
(2) The name and password for remote access shall be determined by the Users though online registration at the website of the Provider according to the procedure referred to therein.
(3) Upon entering their information and pressing the buttons "Yes, I accept" and "Registration", the Users declare that they are familiar with these General Terms and Conditions that they agree with their contents and that they unconditionally undertake to respect them.
(4) The Provider confirms the User registration by sending a message to the e-mail address specified by the latter. A User account is created and between him/her and the Provider are established contractual relations.
(5) When making his/her registration, the User is obliged to provide accurate and valid data. The User undertakes after any change to promptly update the data referred to in his/her registration.
V. TECHNICAL STEPS FOR CONCLUSION OF THE SALE AND PURCHASE CONTRACT
Art. 8. Users mainly use the interface at the website of the Provider to enter into contracts of purchase and sale of products offered by the Provider at PLMTSHIRTS shop.
Art. 9. Users conclude the contract of purchase and sale with the Provider under the following procedure:
(1) They make registration at the PLMTSHIRTS shop and provide the necessary data if they has not been registered at PLMTSHIRTS shop.
(2) Login the system to make orders at PLMTSHIRTS shop by identifying themselves through their username and password;
(3) Select one or more of the products offered by PLMTSHIRTS shop and add them to the list of goods for purchase and sale.
(4) Select goods from the list of goods for purchase for which to be concluded a contract of purchase and sale.
(5) Provide data for delivery of the goods;
(6) Choose a mode and time of payment of the price.
(7) Confirm the order.
VI. CONTENTS OF THE CONTRACT
Art. 10. (1) The Provider and the Users conclude separate contracts of purchase and sale of goods ordered by the Users, irrespective they are chosen by one online statement and from one list of goods for purchase.
(2) The Provider can deliver together and simultaneously all goods ordered under individual contracts of purchase and sale.
(3) The rights of the Users in relation to the goods delivered are exercised separately for each contract of purchase and sale. The exercise of the rights in relation to the goods delivered does not affect and has no effect in respect of contracts of purchase and sale of other goods. If the User has the quality of consumer under the Law on Consumer Protection, the exercise of the right of withdrawal from the contract of purchase and sale of a certain product does not affect the contracts of purchase and sale of other products delivered to the User.
Art. 11. In exercising the rights under the contract of purchase and sale, the User is obliged to state clearly and unambiguously the contract and the product in respect of which he/she exercises his/her rights.
Art. 12. The User can pay the price of the individual contracts of purchase and sale together when placing his/her orders for the products or at their delivery.
VII. SPECIAL CLAUSES, APPLICABLE TO PERSONS WHO ARE CUSTOMERS PURSUANT TO THE CONSUMER PROTECTION LAW
Art. 13. (1) The rules of this Section VII of these General Terms and Conditions only apply to Users, for which, according to the data specified for the conclusion of the contract of purchase and sale or in the registration at the PLMTSHIRTS shop, the conclusion can be made that they are consumers pursuant to the Consumer Protection Law, Online Commerce Law 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 the distance contracts.
Art. 14. (1) The main characteristics of the goods offered by the Provider are specified in the profile of each product at the website of PLMTSHIRTS shop.
(2) The price of the products, inclusive all taxes and charges, is fixed by the Provider in the profile of each product at the website of PLMTSHIRTS shop.
(3) The value of the postal or transportation costs, which are not included in the price of the goods, shall be determined and submitted by the Provider as information to the Users when they select the goods for the conclusion of the contract of purchase and sale;
(4) Modes of payment, delivery and performance of the contract shall be defined in these General Terms and Conditions and the information shall be provided to the User through the website of the Provider of PLMTSHIRTS shop.
(5) The information provided to the Users under this article is valid at the time of its visualizing at the website of the Provider of PLMTSHIRTS shop, before the conclusion of the contract of purchase and sale.
Art. 15. (1) The User agrees that the Provider shall be entitled to receive an advance payment for the contracts concluded with the User for purchase and sale of goods and their delivery.
(2) The User chooses whether to pay to the Provider the price for delivery of the goods before or at the time of its delivery.
(3) In the event that the contract value of the User is equivalent to or exceeds BGN 15,000, the payment shall be made only by bank transfer or shall be deposit to the payment account of the Provider.
Art. 16. (1) The User has the right, without owing compensation or penalty and without giving any reason, to abandon the signed contract within 7 workdays from the date of receipt of the goods.
(2) The right of refusal under paragraph 1 shall not apply in the following cases:
- Delivery of goods and services the price of which depends on the fluctuations of the financial markets which the Provider is not able to control;
- Delivery of goods made according to the User’s requirements or on his/her individual order;
- Delivery of goods which by their nature can not be returned or are perishable, or their characteristics are at risk of deterioration;
- Delivery of audio- and video-recordings or software products, printed by the User;
- Delivery of newspapers, magazines and other periodicals;
(3) If the Provider has failed to fulfill his obligations to provide the information set out in Art. 54 of the Consumer Protection Law, the User is entitled to withdraw from the signed contract within three months from the date of receipt of the goods. When the information in this paragraph is provided to the User within the withdrawal period, it starts running from the date of its provision.
(4) In the event that the User exercises his/her right of withdrawal under paragraph 1, the Provider is obligated to reimburse to him/her the full amount paid by the User, not later than 30 calendar days as considered from the date on which the User has exercised his/her right of withdrawal from the contract. From the amount, that the User has paid under the contract, shall be deducted the cost of returning the goods, unless the User has returned the goods at its own expense and has notified the Provider for this.
(5) The User is obliged to store the products received from the Provider, and is responsible for their quality and safety during the period under paragraph 1.
(6) The User can exercise his/her right of withdrawal from the contract with the Provider by sending a written statement to the Provider to the address indicated above.
Art. 17. (1) The term of delivery of the goods is fixed for each product individually at the conclusion of the contract with the User through the website of the Provider of IT RODI .
(2) If the User and the Provider have not set a deadline for delivery of the goods, than this term is 30 workdays as considered from the date after the date of sending by the User of his/her order to the Provider through the website of the Provider of IT RODI.
(3) If the Provider fails to fulfill the contract since the goods ordered by the User are not available, the Provider is obliged to inform the User and to recover the amounts paid by the latter within 30 workdays as considered from the date on which the Provider should have fulfill its obligation under the contract.
(4) In the cases under paragraph 3, the Provider has the right to deliver to the User the goods of the same type, quality and price. The Provider shall inform the User online about such change in the performance of the contract.
(5) In case of exercise of the right of withdrawal from deliveries under paragraph 4, the cost of returning the goods shall be borne by the Provider.
VIII. PERFORMANCE OF THE CONTRACT
Art. 19. (1) The Provider shall deliver and hand over the goods to the User within the term specified at the conclusion of the contract.
(2) If the term under paragraph 1 has not been explicitly agreed between the parties at the conclusion of the contract, the Provider shall deliver and hand over the goods within a reasonable time, but not later than two months.
Art. 22. To the cases not regulated in this section shall be applied the rules for the commercial purchase and sale, specified in the Commercial Law.
IX. PERSONAL DATA PROTECTION
Art. 23. (1) The Provider shall undertake measures to protect the privacy of the User under the Law on Personal Data Protection.
(2) For reasons of security of the personal data of the Users, the Provider shall send their data only to the e-mail address that has been specified by the User at the time of his/her registration.
(3) The Provider has the right to store data in the terminal communication device of the User, unless the latter explicitly declares his/her disagreement.
(4) The User or the Consumer agrees that the Provider is entitled to send at any time online messages to the User or the Consumer, including a newsletter or proposals for purchase of goods, until the User or the Consumer are registered online at the e-shop of the Provider.
(5) The User or the Consumer agrees that the Provider has the right to collect, store and process data regarding the behavior of the User or the Consumer when using the online shop of the Provider.
Art. 24. (1) At any time the Provider is entitled to request from the User to identify himself/herself and to verify the authenticity of any of the circumstances declared during the registration and of his/her personal data.
(2) In the event that for any reason the User has lost or forgotten his/her username and password, the Provider has the right to apply the provided "Procedure for lost or forgotten names and passwords", accessible at http://plmtshirts.com/index.php? controller =password.
X. AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 25. (1) These General Terms and Conditions may be amended by the Provider, for which the latter shall adequately inform all Users of the PLMTSHIRTS(2) The Provider and the User agree that any supplement or amendment of these General Terms and Conditions shall have effect on the User in one of the following cases:
A) After the User has been explicitly notified by the Provider and if the User fails to declare it in the granted period of 14 days, that he/she rejects them; or
B) After their publication on the website of the Provider and if the User fails to declare within 14 days of their publication that he/she rejects them.
B) By the explicit acceptance of the User through his/her profile on the website of the Provider.
(3) The User agrees that all statements of the Provider in relation to the amendment of these General Terms and Conditions shall be sent to the email address specified by the User in his/her registration form. The User agrees that the e-mails messages sent under this article should be signed with an online signature to have effect on him/her.
Art. 26. The Provider publishes these General Terms and Conditions at http://plmtshirts.com/index.php?id_cms=3&controller=cms&id_lang=2, together with all related supplements and amendments.
Art. 27. These General Terms and Conditions and the contract of the User with the Provider shall be terminated in the following cases:
• In case of termination or declaration of liquidation or bankruptcy of any of the parties under the contract;
• By mutual consent of the parties in writing;
• For objective inability of any of the parties to perform their obligations;
• In case of seizure or sealing of the equipment by government authorities;
• In case of cancellation of the registration of the User on the website of IT RODI. In this case, the concluded but outstanding contracts of purchase and sale shall remain valid and enforceable;
Art. 28. The Provider has the right at his/her sole discretion, without giving prior notice and without any compensation, to unilaterally terminate the contract if it finds that the User is using IT RODI in breach of these General Terms and Conditions, the legislation of the Republic of Bulgaria, the generally accepted moral norms or the generally accepted rules and practices in the e-commerce.
Art. 29. The User shall indemnify and release from liability the Provider in case of lawsuits and other claims by third parties (whether they are justified or not), for all damages and expenses (including attorneys' fees and court expenses) arising from or in connection with (1) failure of any of his obligations under this contract, (2) breach of copyright, producing, broadcasting rights or other intellectual or industrial property rights, (3) unlawful transfer to other persons of the rights granted to the User for the terms and under the conditions of the contract and (4) misreporting the presence or absence of quality of a consumer within the meaning of the Consumer Protection Law.
Art. 30. The Provider shall not be liable in case of force majeure circumstances, fortuitous events, Internet problems, technical or other objective reasons, including orders by the competent state authorities.
Art. 31. (1) The Provider shall not be liable for damages caused by the User to any third parties.
(2) The Provider shall not be liable for pecuniary or non-pecuniary damage including lost profits or damages caused to the User by the use or non-use of PLMTSHIRTS and conclusion of contracts of purchase and sale with the Provider.
(3) The Provider shall not be liable for the time during which IT RODI is not accessible due to irresistible force.
(4) The Provider shall not be liable for damages of comments, opinions and publications under the products, news and articles on IT RODI, including for damage to the health of the Users.
Art. 32. (1) The Provider shall not be liable in case of overcoming the security of the technical equipment, resulting to loss of information, dissemination of information, access to information, restricting access to information and other similar effects.
(2) The Provider shall be not liable in the event of a contract of purchase and sale, providing access to information, loss or alteration of data occurred as a result of false identification by a third person which presents himself/herself as the User, if from the circumstances may be judged that this person is the User.
Art. 33. (1) The User and the Provider shall protect mutually each other's rights and legitimate interests as well as their trade secrets which have come to their knowledge in the performance of the contract and these General Terms and Conditions.
(2) The User and the Provider shall, during and after the period of the contract, not make public the written or verbal correspondence exchanged between them. For publicly made information can be considered the publication of correspondence in the print and online media, internet forums, personal or public websites, etc.
Art. 34. In the event of any conflict between these General Terms and Conditions and stipulations made in a special contract between the Provider and the User, by priority shall be applied the provisions of the special agreement.
Art. 35. Eventual invalidity of any provision of these General Terms and Conditions shall not invalidate the entire contract.
Art. 36. For the matters not regulated by this contract and related to its implementation and interpretation shall be applied the laws of the Republic of Bulgaria.
Art. 37. These General Terms and Conditions shall enter into force for all Users at the time of purchase.
Deliveries are made by a courier to the address specified in the order. If you wish, you can get the order from the office of It RODI in Sofia (Bulgaria) or from the office of the courier company SPEEDY/DHL in the cities in which they are represented - it can be noted in the comment box when you place an order. Upon receipt of the goods on spot (from the office of IT RODI or from SPEEDY/DHL, the User shall pay the price for delivery as specified in the contract).