TERMS AND CONDITIONS
1. 1. These general terms and conditions are intended to regulate the relations between Vyaturnite Melnici LTD, Sofia, 19 Yakubitsa St., Lozenets District, UIC 202275253, represented by Dayana Petrova, hereinafter referred to as the SUPPLIER, and the customers, referred to as – below USERS, of the electronic store “www.melnicite.shop”, hereinafter referred to as the “ELECTRONIC SHOP”.
3. ELECTRONIC SHOP is an electronic shop available at the Internet address www.melnicite.shop, through which Users have the opportunity to conclude contracts for the purchase and sale and delivery of the goods offered by the ELECTRONIC SHOP, including the following:
- To register and create a profile for browsing the ELECTRONIC STORE and using the additional services for providing information;
- To make electronic statements in connection with the conclusion or execution of contracts with the ELECTRONIC STORE through the interface of the ELECTRONIC STORE page available on the Internet;
- To conclude contracts for the purchase and sale and delivery of the goods offered by ELECTRONIC STORE;
- To make any payments in connection with the concluded contracts with the ELECTRONIC STORE, according to the payment methods supported by the ELECTRONIC STORE.
- To receive information about new goods offered by ELECTRONIC STORE;
- To review the goods, their characteristics, prices and terms of delivery;
- To be notified of the rights arising from the law primarily through the interface of the ELECTRONIC STORE page on the Internet;
4. The Supplier delivers the goods and guarantees the rights of the Users provided for by law, within the framework of good faith, accepted in practice, consumer or commercial law criteria and conditions.
5. (1) Users conclude a contract for the purchase and sale of the goods offered by the ELECTRONIC SHOP through the Supplier’s interface, available on its website at www.melnicite.shop or another channel of remote communication.
(2) By the power of the contract concluded with the Users for the purchase and sale of goods, the Supplier undertakes to deliver and transfer ownership of the goods specified by him through the interface to the User.
(3) Users shall pay the Supplier remuneration for the delivered goods in accordance with the terms and conditions set by ELECTRONIC STORE and these general terms and conditions. The remuneration is in the amount of the price announced by the Supplier at the address of the ELECTRONIC STORE on the Internet.
(4) The Supplier delivers the goods requested by the Users within the terms and under the conditions set by the Supplier on the e-shop page and in accordance with these general terms and conditions.
(5) The price for the delivery is determined separately and explicitly from the price of the goods.
6. (1) The User and the Supplier agree that all statements between them in connection with the conclusion and execution of the sales contract may be made electronically and through electronic statements within the meaning of the Law for Electronic Document and Electronic Signature, and p.11 of the Electronic Commerce Law.
2) It is assumed that the electronic statements made by the Users of the site were made by the persons indicated in the data provided by the User during registration, if the User has entered the corresponding name and password for access.
USE OF ELECTRONIC STORE
7. (1) In order to use the ELECTRONIC STORE to conclude contracts for the purchase and sale of goods, the User should enter a name and password chosen by him for remote access, in cases where the electronic store requires registration.
(2) The name and password for remote access are determined by the User, through electronic registration on the Provider’s website.
(3) By filling in his data and pressing the “Yes, I accept” and “Registration” buttons, the User declares that he is familiar with these general conditions, agrees with their content and undertakes to unconditionally comply with them.
(4) The Provider confirms the registration made by the User by sending a letter to the electronic address specified by the User, to which information on activation of the registration is also sent. The Recipient confirms the registration and conclusion of the contract through an electronic reference in the letter notifying him of the completed registration sent by the Supplier. After the confirmation, the User’s account is created and a contractual relationship is established between him and the Provider.
(5) When registering, the User undertakes to provide correct data. The user promptly updates the data specified in his registration in case of change.
(6) In the event that a profile in web social networks or other networks is used for the User’s registration, the party to the contract is the person who is the owner of the profile used for registration in the relevant social network or other network. In this case, the Provider has the right to access the data necessary to identify the User in the relevant social or other network.
8. (1) The electronic address provided during the initial registration of the User, as well as any subsequent electronic address used for the exchange of statements between the User and the Provider, is a “Primary electronic address” within the meaning of these general terms and conditions. The User has the right to change his Primary Contact Email Address.
(2) Upon receipt of a request to change the Main contact email address, the Provider sends a request for confirmation of the change. The confirmation request is sent by the Provider to the new Primary contact email address specified by the User.
(3) The change of the Primary contact electronic address is carried out after confirmation by the User, expressed through a reference contained in the request for confirmation sent by the Provider to the new Primary contact electronic address specified by the User.
(4) The Provider informs the User about the change made, by means of an electronic letter sent to the Primary contact email address specified by the User before making the change under p. 2.
(5) The Provider shall not be liable to the User for an unlawful change of the Primary Contact Email Address.
(6) The Provider may require the User to use the Main Contact Email Address in specific cases.
TECHNICAL STEPS FOR CONCLUSION OF A PURCHASE-SALE AGREEMENT
9. (1) Users primarily use the interface of the Provider’s page to enter contracts for the purchase and sale of the goods offered by the Provider in an ELECTRONIC STORE.
(2) The contract is concluded in the Bulgarian language.
(3) The contract between the Supplier and the User constitutes the present general conditions, available at www.melnicite.shop/terms.
(4) Party to the contract with the Supplier is the User according to the data provided during registration and contained in the User’s personal profile. For the avoidance of doubt these are the details with which an account was created with the Supplier.
(5) The supplier includes in the interface of its Internet page, technical means for identifying and correcting errors in the entry of information before the statement to conclude the contract is made.
(6) This contract is considered concluded from the moment of registration of the User with the Supplier. The contract for the purchase and sale of goods is considered concluded from the moment of its request by the User through the interface of the Supplier.
(7) For the conclusion of this contract and for the conclusion of the contract for the purchase and sale of goods, the Supplier expressly notifies the User in an appropriate manner by electronic means.
(8) The statement of conclusion of the contract and the confirmation of its receipt are considered received when their addressees have the opportunity to access them.
(9) The Supplier delivers the goods to the address specified by the Users and is not responsible in the event that the data specified by the Users is incorrect or misleading
10. Users conclude the purchase and sale contract with the Supplier according to the following procedure:
(1) Registration in the ELECTRONIC STORE and provision of the necessary data, if the User has not yet registered in the ELECTRONIC STORE;
(2) Login to the ELECTRONIC STORE ordering system by identifying with a name and password;
(3) Selecting one or more of the goods offered on the ELECTRONIC STORE and adding them to a list of goods for purchase;
(4) Provision of delivery data;
(5) Choice of method and moment of payment of the price.
(6) Order Confirmation;
SPECIFIC PROVIDER OBLIGATIONS, CONSUMER PROTECTION
11. The rules of section VI of these general terms and conditions apply to Users who, according to the data specified for the conclusion of the sales contract or during the registration in the ELECTRONIC STORE, it can be concluded that they are users within the meaning of the Law for consumer protection, the Electronic Commerce Law and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on consumer protection in relation to distance contracts.
12. (1) The main characteristics of the goods offered by the Supplier are defined in the profile of each good on the ELECTRONIC STORE website.
(2) The price of the goods, including all taxes, is determined by the Supplier in the profile of each product on the ELECTRONIC STORE website.
(3) The value of postal and transport costs, not included in the price of the goods, is determined by the Supplier and is provided as information to the Users at one of the following times before concluding the contract:
– In the profile of each of the goods on the ELECTRONIC STORE Supplier’s website;
– When selecting the goods for the conclusion of the contract of sale;
(4) The method of payment, delivery and performance of the contract is determined in these general conditions, as well as the information provided to the User on the Supplier’s website.
(5) The information provided to the Users under this point is current at the time of its visualization on the ELECTRONIC STORE Provider’s website before the conclusion of the purchase and sale contract.
(6) The supplier must indicate the conditions for delivery of the individual goods on the ELECTRONIC STORE website.
(7) The supplier indicates before concluding the contract the total value of the order for all the goods contained therein.
13. (1) The User agrees that the Supplier has the right to accept advance payment for the contracts concluded with the User for the purchase and sale of goods and their delivery.
(2) The User chooses independently whether to pay the Supplier the price for delivery of the goods before or at the time of their delivery.
14. (1) The user has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded contract within 7 working days from the date of receipt of the goods.
(2) The right of refusal under p. 1 does not apply in the following cases:
– for the delivery of goods and the provision of services, the price of which depends on the fluctuations of the financial markets, which the Supplier is unable to control;
– for the delivery of goods made according to the user’s requirements or according to his individual order;
– for the delivery of goods which, due to their nature, are consumable or cannot be returned or are subject to rapid spoilage, or there is a risk of deterioration in their quality characteristics, including perfumery and cosmetic products;
– for delivery of audio and video recordings or software products printed by the user;
– for delivery of newspapers, magazines and other periodicals;
(3) When the Supplier has not fulfilled its obligations to provide information, defined in p. 54 of the Consumer Protection Law, the consumer has the right to withdraw from the concluded contract within three months from the date of receipt of the goods. When the information under this paragraph is provided to the user within the opt-out period, it begins to run from the date of its provision.
(4) In case that the user exercises his right of refusal under p. 1, The supplier is obliged to reimburse him in full the sums paid by the user no later than 30 calendar days from the date on which the user exercised his right to withdraw from the concluded contract. The cost of returning the goods shall be deducted from the sum paid by the consumer under the contract, unless the consumer has returned the goods at his own expense and has notified the Supplier thereof.
(5) The User undertakes to store the goods received from the Supplier, their quality and safety during the period under p. 1.
15. (1) The term of delivery of the goods and the starting moment from which it runs is determined for each good separately when concluding the contract with the user through the ELECTRONIC STORE Supplier’s website, unless the goods are ordered in one delivery.
(2) In case that the user and the Supplier have not determined a delivery time, the delivery time of the goods is 30 working days, calculated from the date following the sending of the user’s order to the Supplier via the Supplier’s ELECTRONIC STORE website.
(3) If the Supplier cannot fulfil the contract since it does not have the ordered goods, it is obliged to notify the consumer of this and to refund the sums paid by it within 30 working days from the date on which the Supplier should have fulfil its obligation under the contract.
(4) In the cases under p. 3, The supplier has the right to supply the consumer with goods of the same quality and price. The supplier notifies the user electronically of the change in the execution of the contract.
(5) In the case of exercising the right of withdrawal from the supply contract under p. 4, the costs of returning the goods are at the expense of the Supplier.
16. (1) The supplier hands over the goods to the consumer after certifying the fulfilment of the requirements and the presence of the circumstances under P. 61 of the Consumer Protection Law.
(2) The User and the Supplier certify the circumstances under p. 1 in writing at the time of delivery by handwritten signature, unless otherwise agreed.
(3) The User and the Supplier agree that the requirements under p. 1 and P. 61 of the Consumer Protection Law will be complied with if the authentication is carried out by a person who, according to the circumstances, can be inferred to pass on the information to the consumer – a party to the contract.
17. (1) The Supplier delivers and hands over the goods to the User within the period determined upon conclusion of the contract.
(2) If the term under p. 1 is not expressly agreed between the parties under the contract, the Supplier delivers the goods within a reasonable time, but not later than 2 months.
18. The User must inspect the goods at the time of delivery and handover by the Supplier and if it does not meet the requirements, notify the Supplier immediately.
PROTECTION OF PERSONAL DATA
19. (1) The Provider takes measures to protect the User’s personal data under the Personal Data Protection Law.
(2) For reasons of security of the Users’ personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.
(3) The supplier accepts and announces on its website a Policy for the protection of personal data, available at www.melnicite.shop/terms.
20. (1) At any moment, the Provider has the right to require the User to identify himself and to certify the reliability of each of the circumstances and personal data announced during registration.
(2) If for some reason the User has forgotten or lost their username and password, the Provider has the right to apply the announced “Procedure for lost or forgotten usernames and passwords”, available at www.melncite.bg
AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS
21. (1) These general terms and conditions may be amended by the Supplier, of which the latter will notify appropriately all registered ELECTRONIC STORE Users.
(2) The Supplier and the User agree that any addition and amendment to these general terms and conditions will be effective against the User after the Supplier has expressly notified him and if the User does not state within the 14-day period granted to him that he rejects them.
(3) The User agrees that all statements of the Provider in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User during registration. The user agrees that e-mails sent under this article do not need to be signed with an electronic signature to be effective against him.
22. The Supplier publishes these general terms and conditions at www.melnicite.shop/terms, together with all additions and amendments to them.
23. These general conditions and the User’s contract with the Supplier are terminated in the following cases:
– upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
– by mutual agreement of the parties in writing;
– unilaterally, with notice from each of the parties in case of non-fulfilment of the obligations of the other party;
– in case of objective inability of one of the parties to the contract to fulfil its obligations;
– when the equipment is seized or sealed by state authorities;
– in case of deletion of the User’s registration on the ELECTRONIC STORE website.; In this case, the concluded but unexecuted purchase and sale contracts remain valid and enforceable
– in the case of exercising the right of refusal according to P. 55, (1) of the Consumer Protection Law.
24. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.
25. The laws of the Republic of Bulgaria shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.
26. All disputes between the parties under this contract will be resolved by the competent court or the Consumer Protection Commission.
27. These general conditions come into force
28. Vouchers can be used:
– only for attractions within one day
– only for consumption in one establishment within one day
– overnight stay in the hotel complex
29. Vouchers cannot be used for:
– payment of an entrance fee
– for attractions, consumption in restaurants, overnight stays /together/
30. Entrance tickets can be used only once, for the day chosen by the User until the end of September 2023.