These General Terms and Conditions govern the relationship between "PLOPSY" EOOD (hereinafter referred to as the "Merchant") and the Users of the website located at the domain www.mekitsa.shop (hereinafter referred to as Users).
"PLOPSY" EOOD is a company registered in the Commercial Register at the Registration Agency with EIC BG207097185 with headquarters and management address: Sofia, 7 Liditse str., email address: office@portokalena.com.
This document contains information about the activities of the Merchant and the general conditions for selling the goods provided by the Merchant. The confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the Users and the Merchant.
The text of these General Terms and Conditions is available on the website www.mekitsa.shop in a way that allows its storage and reproduction.
I. IDENTIFICATION OF USERS
1.1. The information that identifies a User who wishes to place an order for the delivery of goods from the website www.mekitsa.shop includes names, address, telephone, email address, as well as any other information that the person voluntarily provides to the Merchant.
1.2. In order to place an order on the website www.mekitsa.shop, it is not necessary to register and maintain a User profile. However, the website offers an option to create and maintain a user profile through which to place orders.
1.3. Users can use the interface of the website www.mekitsa.shop to conclude contracts for the purchase and sale of the goods offered by the Merchant in the electronic store. The purchase - sale contract is considered concluded from the moment of confirmation of the order by the Merchant according to the instructions in these General Terms and Conditions
.II. PLACING AN ORDER
2.1. To place an order on the website www.mekitsa.shop, the User must select a product and add it to the cart. The selected product is added to the shopping list (basket) by clicking on the "Buy" button. Adding a new product to the basket is done in the indicated way. The user can review the contents of his basket as well as correct the information in the basket at any time before confirming the order.
2.2. When placing the order, Users should bear in mind that the offered goods are made by hand by the Merchant, which is why there may be a discrepancy between the external appearance of the goods depicted on the website, including the color of the goods, and the actual appearance/color of the manufactured goods.
2.3. When placing the order, Users should also keep in mind that since the goods offered for sale on the website are unique and handmade, not all of them are permanently in stock at the Merchant. In case of difficulties or impossibility on the part of the Merchant to produce and send the ordered goods to the User within the terms specified in these General Terms and Conditions, the Merchant will contact the User on the telephone number provided by the User to specify the time and method of execution of the order.
2.4. Each order contains information on the type and quantity of the selected goods, the price of the goods and the cost of delivery (if such is due by the User), as well as the total amount to be paid. All prices include VAT.
2.5. The order is completed and sent for execution by pressing the "Order" button. In order to complete the order, it is necessary for the User to provide a name and surname, an exact delivery address, an email address and a contact telephone number.
2.6. In order to complete and send the order, it is necessary for the User to expressly agree to these General Terms and Conditions. Agreeing to the General Terms and Conditions is done by marking a check box. If the User does not agree to these General Terms and Conditions, the order cannot be sent for execution. 2.7. In order for the fulfillment order to be sent, it is also necessary for the User to express his agreement with the Merchant's Privacy Policy. Expression of agreement with the Privacy Policy is done by marking a check box. If the User does not agree to the Merchant's Privacy Policy, the order cannot be sent for fulfillment.
2.7. The trader indicates the mandatory nature of providing the data necessary for the execution of the order with an asterisk. Failure to provide mandatory data may result in the Merchant being unable to send and execute the order.
2.8. By expressing agreement with these General Terms and Conditions, the User agrees to have his/her information processed by the Merchant in accordance with the procedure provided for in them, as well as under the terms of the Merchant's Personal Data Privacy Policy
2.9. After receiving the order, the Merchant sends confirmation of the placed order to the User's email address. Regardless, the Merchant reserves the right to contact the User on the telephone number provided by him, to clarify the details of the order and its execution.
2.10. The Merchant is not responsible for non-fulfillment of an order in cases where the User has specified false, incomplete and/or inaccurate data, including when he has specified an incomplete or inaccurate delivery address or contact telephone number.
III. PRICES
3.1. The prices of the goods offered in the online store are those indicated on the website at the time of placing the order. Prices are in Bulgarian leva and include VAT.
3.2. The Merchant reserves the right to change the prices of the goods at any time and without notice, and the changes will not affect orders already made and confirmed by the Merchant.
3.3. The Merchant may provide discounts on the prices of the offered goods in accordance with Bulgarian legislation under rules determined by the Merchant. The rules applicable to such discounts will be indicated where the discount is displayed.
IV. PAYMENT
4.1. The payment of the price of the ordered goods is carried out at the User's choice in one of the following ways:
When ordering: by bank transfer, to the Trader's bank account; via Paysera/Paypal. All fees and commissions or other costs in connection with the payment applied by the relevant payment institution (if any) are for the account of the User.
When making the delivery - by cash on delivery;
In cash, on site at the Dealer's showroom/store, located at the address indicated on the website.
4.2. The cost of the service for the delivery of the ordered goods is paid by the user at his expense. The merchant reserves the right, under conditions determined by him, which are expressly stated on the website, to offer free delivery of the ordered goods.
V. DELIVERY
5.1. The delivery of the ordered goods is carried out by a courier company to the delivery address specified by the User in the territory of the Republic of Bulgaria or to the office of the courier company preferred by the User.
5.2. The delivery of the ordered goods is carried out within 10 working days from the date of dispatch of the order. When the User has chosen to pay the price of the ordered goods (including the price for making the delivery) before making the delivery by bank transfer, Paysera/Paypal or via my Pos, the term for making the delivery runs from the date of receipt of payment of the price of the ordered goods.
5.3. In objective and extraordinary circumstances that do not depend on the Merchant, the Merchant reserves the right to extend the delivery period, promptly informing each affected User.
5.4. When the delivery is made by courier, the delivery of the ordered goods is carried out by the courier personally to the person who sent the order or to any other person who is at the delivery address and has agreed to receive the shipment and pay the price of the ordered goods. In order to exercise the right to withdraw from the contract or the right to claim, Users are obliged to keep the bill of lading and other documents handed to them by the courier upon delivery.
5.5. In case the user has chosen to receive the ordered goods on site in the Merchant's showroom/store, the ordered goods are delivered by the Merchant personally to the person who sent the order or to any third party who presented the Merchant with a copy of the confirmation email for the order placed. In this case, the Merchant has the right to contact the person who placed the order on the telephone number provided by him, in order to confirm the identity of the person who wishes to receive the goods instead of the person ordering.
5.6. The User is obliged to inspect the shipment at the time of its delivery and immediately notify the Merchant in case of visible discrepancies between the ordered and the delivered goods, shortages or damages. If the User does not do this, it is assumed that the delivery has been accepted without objection, and this does not exclude the right of refusal or the right of complaint of the Users.
VI. WAIVER OF AGREEMENT
6.1. The User has the right to withdraw from the contract without giving a reason for this, and without owing compensation or a penalty to the Merchant, within 14 days from the date of delivery, by notifying the Merchant thereof.
6.2. To withdraw from the contract, the User can send the completed and signed Standard Form for exercising the right to withdraw from the contract, which is published in the footer of the website, to the Merchant at hello@mekitsa.shop. The user may also express his wish to withdraw from the contract by means of a free text statement sent to the specified email address or via the contact form on the website.
6.3. In case of refusal of the contract, expressed in any of the described ways, the Merchant sends the User a confirmation of receipt of the refusal. The confirmation is sent to the e-mail address provided by the User, specifying the address to which the goods should be returned.
6.4. In case of refusal of the contract, the User is obliged to return the goods received to the Merchant within 14 (fourteen) days from the date of receipt of the refusal from the Merchant. The returned goods must be in good appearance, without visible signs of use, damage, etc. and be accompanied by an order document (a fiscal receipt from a physical entity or an email for a confirmed order from the online store, or the original invoice, if one was issued to the User).
6.5. All sums owed by the Merchant to the User upon cancellation of the contract shall be refunded using the same means of payment used to pay for the price of the goods, unless the User has expressly requested that the sums owed to him be refunded in another way. Refunds are made within 14 (fourteen) days of receipt of the goods by the User. Delivery costs incurred in favor of the courier company are not refundable.
If the return of the products is not carried out within 14 (fourteen) days from the date on which the User notified the Merchant of the withdrawal from the contract, the Merchant shall have no obligation to reimburse the User for the amounts paid.
VII. COMPLAINTS
7.1. When the delivered goods do not meet the individual or objective requirements for conformity of the goods or the requirements for assembly or installation, Users have the right:
make a claim by requesting that the goods be brought into conformity by replacement,
to receive a proportionate reduction in the price paid, or, to cancel the distance sales contract.
7.2. According to the law, goods are considered defective when they do not meet the generally accepted expectations of normal use, taking into account all the circumstances related to the presentation of the goods in terms of: quality, quantity, name, type, composition, origin, durability, distinctive features , usual and possible use of the goods, the advertising of the goods and the information provided about them, and the moment of putting the goods into circulation.
7.3. Consumers have the right to file a complaint regardless of whether the Merchant has provided a commercial guarantee for the goods.
7.4. The complaint is submitted to the email address hello@mekitsa.shop or through the contact form on the website. The complaint can also be sent by post/courier to the address of the company's management or to the address of the Dealer's showroom/store, as well as orally to the Dealer's contact number specified on the website or at the Dealer's showroom/store .
7.5. When submitting a complaint, Users must indicate the subject of the complaint, their preferred way of satisfying the complaint, as well as the address, telephone and email address for contact. Users must attach/provide the Merchant with the documents on which their claim is based, namely: receipt and invoice (if issued), the bill of lading for the specified goods; documents establishing the non-compliance of the goods with the agreed and proving the claim of the Users on grounds and amount (if any).
7.6. Complaints can be submitted up to two years from the delivery of the products, unless the law provides for a different period for some of them.
7.7. If, when a complaint is submitted by a User, an actual non-conformity of the delivered goods is established and the complaint is justified, the Merchant will repair the goods (if repair is possible, given the specifics of the goods) or replace the goods (if replacement is possible, given the specifics of the goods and in particular the materials from which it is made) within one month of submitting the claim. Bringing the goods into compliance with the sales contract is free of charge for the Users. In the case of a complaint, the Users do not owe costs for shipping the goods.
7.8For goods for which a commercial guarantee has been provided by the Trader and the satisfaction of the claim is carried out by replacement, the original guarantee conditions provided to the User are preserved. According to the law, when the claim is satisfied by repair, the repairs carried out are reflected in the warranty card and the repair period is added to the warranty period.
7.9 According to the law, Users have the right to request that the price paid for the goods be reduced proportionately or to cancel the sales contract in the following cases: if the Merchant has not carried out a replacement or repair under the above-mentioned conditions and within a period or the Merchant has refused to replace or repairs the advertised goods; if a discrepancy appears in the goods, despite the actions taken to eliminate the discrepancies, or if the discrepancy is so serious as to justify an immediate price reduction or cancellation of the sales contract;
7.10 if the Merchant has stated or it is clear from the specific circumstances that he will not bring the goods into compliance within a reasonable time or without significant inconvenience to the User. The consumer has no right to cancel the contract if the non-conformity of the goods is minor. The burden of proof as to whether the discrepancy is minor shall be borne by the Merchant.
7.11 Users can exercise their right to cancel the contract by means of an application to the Merchant sent to the email address hello@mekitsa.shop or through the contact form on the website. When ordering several goods, Users have the right to cancel the contract partially, only in relation to goods that do not meet the compliance requirements.
7.12 If he has exercised his right to cancel the contract, the User is obliged to return the goods to the Merchant without undue delay and no later than 14 (fourteen) days from the date on which he notified the Merchant of his decision to cancel the contract. All costs for returning the goods are at the Merchant's expense
7.13 The Merchant will refund to the User the price paid for the goods upon their receipt (or upon presentation of proof that the goods have been sent, e.g. bill of lading, etc.) Amounts shall be refunded by the Merchant to the User using the same means of payment used to pay for the price of the goods, unless the User has expressly stated that the sums owed to him should be reimbursed in another way. Regardless of the above, Users are also entitled to compensation for damages in the cases provided for by law.
7.14. The merchant maintains a register of complaints. Users are sent a document to the e-mail indicated by them, in which the complaint number from the register and the advertised goods are indicated. When the Merchant satisfies the claim, he issues a certificate to that effect, which is drawn up in two copies. The trader must provide one copy of the act to satisfy the complaint to the User.
VIII. INTELLECTUAL PROPERTY RIGHTS
8.1. The intellectual property rights on all materials and resources located on the website www.mekitsa.shop are subject to protection under the Copyright Act and related rights, belong to the Merchant or to a third party who has assigned the right of use to the Merchant and cannot be used in violation of current legislation.
8.2. Users may not reproduce, change, delete, publish in any other way the information resources published on the website www.mekitsa.shop In case of illegal copying or reproduction of information, as well as in case of any other violation of the intellectual property rights of the Merchant, he has right to claim compensation for the damages suffered according to the current legislation
IX. AUTHORITIES REGULATING THE MERCHANT'S ACTIVITY
9.1. The bodies regulating the activities of the Trader are the Commission for the Protection of the Consumer (KZP) - Internet page https://kzp.bg/kontakti, phone: 0700 111 22, email: info@kzp.bg, address: Sofia, sq. Slaveykov, No. 4A, floors 3, 4 and 6 and the Commission for the Protection of Personal Data (CPDP) - Internet page: https://www.cpdp.bg/, email: kzld@cpdp.bg, address: Sofia 1592, Blvd. "Prof. Tsvetan Lazarov" No. 2.
X. COMPLAINTS AND DISPUTE RESOLUTION
10.1. Users may submit a complaint to the Merchant through the contact form on the website or by any other means chosen by them (by email, by letter sent to the Merchant's address of business or the Merchant's showroom/store). Users can also file a complaint with the Consumer Protection Commission and the Personal Data Protection Commission.
10.2. Consumers can use the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/odr, which allows consumers and traders in the EU to resolve disputes between themselves online.
10.3. Out-of-court settlement of disputes between users and the Merchant can also be done through the General Conciliation Committees established under the Consumer Protection Act. General conciliation commissions assist in reaching an agreement between consumers and traders in disputes over contracts for the sale of goods and the provision of services. The list of General Conciliation Commissions is published at https://kzp.bg/koi-sa-vidovete-pomiritelni-komisii. Users can submit an application to the chairman of the Consumer Protection Commission for referral to the competent conciliation commission, as detailed information on the procedure before the conciliation commissions is published at https://kzp.bg/pomiritelna-komisiya.
10.4. In the event of failure to reach an agreement, either party may refer the dispute to the competent court.
XI. AMENDMENT OF TERMS AND CONDITIONS
11.1. The Merchant may amend the General Terms and Conditions at any time by posting the amended General Terms and Conditions on the Website.
11.2. The Merchant undertakes to notify the Users with whom he has concluded and unfulfilled contracts of any change in these General Terms and Conditions within 7 days of the change to the e-mail address specified by the relevant User.
11.3. When he does not agree with the changes in the General Terms and Conditions, the User has the right to withdraw from the concluded contract with the Merchant, without giving a reason and without owing compensation or penalty. In order to exercise this right, the User should notify the Merchant within one month of receiving the notice of amendment to the General Terms and Conditions. In the event that the User does not exercise his right to withdraw from the contract in accordance with the procedure set out in these General Terms and Conditions, it is considered that the amendment has been accepted by the User without objection.
XII. APPLICABLE LAW
12.1 The provisions of the current legislation of the Republic of Bulgaria apply to all matters not settled by these General Terms and Conditions.
